High Courts
“Right To Shelter Part Of Right To Life”: Calcutta High Court Directs Rehabilitation Of Tenant Before Demolition In Howrah
The Calcutta High Court has held that while unauthorised constructions cannot be protected from demolition, the constitutional right to shelter under Article 21 requires authorities and private developers to ensure the rehabilitation of occupants displaced by such illegal construction.Justice Raja Basu Chowdhury passed the order while hearing a plea by a tenant residing on the fifth floor of...
Having Public Witnesses Who Turn Hostile May Do More Harm Than Good: Delhi High Court
The Delhi High Court has observed that while independent public witnesses lend credibility to criminal investigations, their absence is not always fatal to the prosecution case, particularly when the witnesses produced are otherwise truthful and reliable. Justice Vimal Kumar Yadav remarked that public witnesses often turn hostile, sometimes causing greater damage to the prosecution than...
Once Probate Is Granted, Will Need Not Be Proved Afresh Under Section 68 Of Evidence Act: Delhi High Court
The Delhi High Court has held that once probate is granted in respect of a Will, the document need not be proved afresh in subsequent civil proceedings under Section 68 of the Indian Evidence Act.Section 68 prescribes that if a document is required by law to be attested (like a Will or a Gift Deed), it cannot be used as evidence in court unless at least one attesting witness is called to...
Ballot Paper Option Retained In Law To Address Ground Realities; Authorities May Revert From EVMs When Needed: P&H High Court
The Punjab and Haryana High Court has observed that the statutory framework governing municipal elections consciously retains the option of conducting polls through ballot papers and ballot boxes to address prevailing ground realities such as illiteracy, poverty, and logistical constraints. The Court noted that while Electronic Voting Machines (EVMs) have been introduced, the law does not...
“No Effort Was Made By Trial Judge To Analyse Evidence”: Calcutta High Court Acquits College Professor In POCSO Case
The Calcutta High Court has acquitted a Serampore College professor who had been convicted under the Protection of Children from Sexual Offences Act, holding that the prosecution failed to establish the “foundational facts” necessary to invoke the statutory presumption under Section 29 of the POCSO Act.A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray observed that...
Allahabad HC Again Takes Aim At UP's Gun Culture; Seeks Details Of Arms Licences Held By Brij Bhushan, Others
The Allahabad High Court on Wednesday yet again took aim at the Gun Culture prevailing in the State of Uttar Pradesh as it stressed that the public display of weapons often disrupts social harmony and generates fear and insecurity among ordinary people. A bench of Justice Vinod Diwakar remarked that a society in which armed individuals assert dominance through visible force and threats...
Backdoor Appointments Cannot Be Regularised: J&K&L High Court Dismisses Plea Of Junior Engineers Engaged On 'Hire & Fire' Basis For 9 Years
The Jammu & Kashmir and Ladakh High Court has dismissed a batch of writ petitions filed by three Junior Engineers who had been engaged by the University of Kashmir on a “Hire and Fire” basis on consolidated wages for over nine years, seeking quashing of a fresh advertisement notification for regular recruitment and directions for regularisation of their services.The Court held that...
'Intelligible Differentia': High Court Upholds Haryana Notification Removing Extended Retirement Age Benefit For Certain Disabled Employees
The Punjab & Haryana High Court has upheld the Haryana Government's decision to amend its service rules and withdraw the benefit of extended retirement age for certain categories of differently-abled employees, holding that fixing different retirement ages across employee categories does not amount to unlawful discrimination.Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said, "It...
Tribunals Can't Dispose Appeals Through 'Cryptic Orders', Must Record Reasons: Kerala High Court
The Kerala High Court has held that quasi-judicial tribunals cannot dispose of appeals through cryptic conclusions and are legally bound to issue reasoned, speaking orders that disclose the basis of their decisions.Justice P.V. Kunhikrishnan delivered the judgement while setting aside an order of the Tribunal for Local Self Government Institutions that had upheld a Panchayat's refusal...
'Objections Raised By Intervener Cannot Defeat Right Of Decree Holder To Withdraw Execution Proceedings': Uttarakhand High Court
The Uttarakhand High Court has held that objections raised by an intervener cannot defeat the right of a decree holder to withdraw execution proceedings, particularly when no substantive adjudication was ever made against the intervener in the original proceedings. The Court observed that execution proceedings cannot be converted into an independent forum for the adjudication of the rights of...
Video Surveillance Of Village Lake Excessively Intrusive: Madras High Court Declines Installation Of CCTV To Prevent Illegal Fishing
The Madras High Court recently refused to permit the installation of CCTV cameras near a village lake to prevent activities like illegal fishing, earth mining, etc near it. Justice Bharatha Chakravarthy noted that the village lake was a traditional resource used by the villagers, who used it for multiple purposes like bathing, swimming, and leisure activities. The court added...