High Courts
Allahabad High Court Questions Legality Of Notice Process In Modified Township Plan, Seeks Affidavit From CEO NOIDA
Recently, the Allahabad High Court has called for the personal affidavit of the Chief Executive Officer of the New Okhla Development Authority for determining the area of circulation of newspapers 'Business Standard' and 'Mahamedha' through which objections were invited on the modified township plan map.Petitioner, Association of Apartment Owners of Pavilion Court and Pavilion Height...
Jharkhand High Court Sets Aside Shared Parenting Order; Says Welfare Of Child Overrides Father's Status As Natural Guardian
The Jharkhand High Court recently held that Section 6 of the Hindu Minority and Guardianship Act must be read in conjunction with Section 13, and that the welfare of the child remains the primary consideration even though the father is designated as the natural guardian. The Court set aside the Family Court's order directing a “shared parenting arrangement” and granting custody to the...
Once Defect Is Noticed Within Warranty Period, Both Dealer & Manufacturer Are Jointly Liable For Deficiency In Service: J&K&L High Court
Highlighting the legal obligations of both dealers and manufacturers to resolve defects within the prescribed warranty period the Jammu and Kashmir and Ladakh High Court has held that once a defect is identified within the warranty period, both the dealer and the manufacturer are jointly and severally liable for the deficiency in service.In fastening the liability on the dealer and...
Punjab & Haryana High Court Declines Interim Relief To DIG Who Challenged CBI Probe In Corruption Case Citing Jurisdiction
The Punjab and Haryana High Court on Thursday declined to grant interim release to DIG Harcharan Singh Bhullar in the corruption case registered by the CBI, observing that the relief sought was virtually identical to the final adjudication of the matter. On October 16, the CBI arrested DIG Bhullar and alleged middleman in a bribery case. The middleman was apprehended first in Chandigarh,...
Determination Of Possession Rights In Plaintiff's Injunction Suit Satisfies Due Process, Separate Eviction Suit Not Needed: J&K High Court
Observing that due process of law is satisfied the moment a competent court adjudicates rights of the parties, the High Court of Jammu & Kashmir and Ladakh has held that “once a person in possession brings a suit for injunction against a person who interferes in his possession and his rights are determined in the said suit, it is not necessary for the defendants to bring a fresh suit...
Palakkad MLA Rahul Mamkootathil Moves Kerala High Court Seeking Pre-Arrest Bail In Rape Case
Palakkad MLA Rahul Mamkootathil has moved the Kerala High Court seeking anticipatory bail in the rape and miscarriage case alleged against him.Yesterday, his plea before the Principal District and Sessions Court was dismissed noting that serious allegations have been made out against him, prima facie.Mamkootathil is arrayed as the 1st accused in the crime registered by the Nemom Police and...
Sabarimala Gold Theft: Former TDB Officers Murari Babu & N Vasu Move Kerala High Court Seeking Regular Bail
The Kerala High Court on Friday (December 5) asked the prosecution to take instructions on two bail pleas preferred by R. Murari Babu, who is the 2nd accused in the Sabarimala gold theft case.He is the former Administrative Officer of the Travancore Devaswom Board (TDB) and was suspended from the post of Deputy Devaswom Commissioner when the crimes were registered by the Special...
'Universities Cannot Withhold Student's Original Documents To Recover Future Fees': Rajasthan High Court
The Rajasthan High Court granted relief to a former MBBS student, whose original documents were detained by the university which she required to appear in her examinations in the new college, and held that documents deposited by a student at the time of admission could not be retained as a tool to compel her to deposit the fee for remaining years.The bench of Justice Anuroop Singhi was hearing...
Calcutta High Court Rejects Borrower's Suit Seeking Enforcement Of One-Time Settlement With Bank of Maharashtra
The Calcutta High Court has rejected a suit filed by Senbo Engineering Limited seeking enforcement of an alleged “concluded” One-Time Settlement (OTS) with the Bank of Maharashtra, holding that a borrower cannot compel a bank to accept an OTS or seek specific performance of such a proposal.Justice Aniruddha Roy held that OTS proposals have no statutory force, and a borrower cannot...
'Don't Test Our Patience': Madras High Court Slams Personal Comments Against Judge Amid Thiruparankundram Deepam Issue, Warns Of Action
While dealing with the Thiruparankundram lamp lighting row, the Madras High Court on Friday remarked that it would not tolerate any comments against the judiciary.The bench of Justice G Jayachandran and Justice KK Ramakrishnan said just because judges cannot react openly, persons should not keep on provoking the court and that strict action would be taken if limits exceed."We can tolerate to...
Evasion Of Tax Cannot Be Attributed To Transporter When Consignor Accepts Error In Loading Goods: Allahabad High Court
The Allahabad High Court has held that evasion of tax cannot be attributed to the transporter when consignor accepts error in loading goods. Certain goods were intercepted in transit from Dehradun to Delhi. After notices were issued to the cosigner/ consignee, the goods were released in their favour. Subsequently, an order alleging intention to evade tax under Section 129 of the GST...
Thiruparankundram Deepam Issue: Madras High Court To Hear Appeals Against Lighting Of Lamp On December 12
The Madras High Court has adjourned the appeal preferred against a single bench decision permitting lighting of lamp (Karthigai deepam) at the Deepathoon (stone lamp pillar) atop the Thiruparakundram hills, which is located close to a dargah.The division bench of Justice G Jayachandran and Justice KK Ramakrishnan said it will take up the matter next Friday (December 12), after all the parties...