High Courts
Executing Court Cannot Shirk Duty To Decide Objections Of Third Parties Even If They Weren't Party To Original Suit: J&K&L High Court
Reinforcing the duties of executing courts, the High Court of Jammu and Kashmir and Ladakh at Jammu has held that an executing court cannot decline to determine the merits of an objection raised by a person resisting execution of a decree merely on the ground that such objector was not a party to the original proceedings or decree.A bench of Justice Sanjay Dhar observed that under Section 47...
Delhi High Court Enhances Compensation For Acquisition Of Lands Adjoining Yamuna River After 32 Years
The Delhi High Court recently enhanced the compensation for land acquisition payable with respect to flood-prone Kilokari, Nangli Razapur, Khizrabad and Garhi Mendu areas of the national capital.In doing so, Justice Tara Vitasta Ganju in her 171-page order observed that the potentiality of these areas has to be seen not from actual use but to what use they can be put in foreseeable...
Filing Of Final Report No Bar To Granting Anticipatory Bail: J&K&L High Court
In a significant order clarifying the scope of anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023), the Jammu & Kashmir High Court has held that the filing of a final report (challan) before the competent court does not bar the grant of absolute anticipatory bail.A bench of Justice Mohd Yousuf Wani observed that compelling an accused to seek regular bail after...
S.187 BNSS | Period Of Release On Interim Bail Not To Be Computed As 'Detention Period' For Granting Statutory Bail: Kerala High Court
The Kerala High Court recently held that the period during which an accused is released on interim bail cannot be included while calculating period of detention for the purpose of granting statutory bail.Justice K. Babu observed that only the actual period of detention undergone can be considered, adding together continuous or broken periods of custody. “An accused person is entitled to...
Himachal Pradesh High Court Seeks Response On Plea Alleging Construction Of Illegal Road Over Natural Water Channel
The Himachal Pradesh High Court has sought a response from the state authorities on a petition alleging the construction of an illegal road over a natural water channel.Justice Jyotsna Rewal Dua issued notice to Himachal Pradesh State Authorities including Deputy Commissioner, Kangra and listed the matter for November 4.Retired Lt. Col. Sandesh Kumar, a resident of Village Jalera in...
Kerala High Court Seeks Clarity From Devaswom Board On Appointment, Accountability Of Assistants For Head Priests In Sabarimala
The Kerala High Court on Thursday (October 23) directed the Travancore Devaswom Board to file an affidavit clarifying the details regarding appointment and accountability of persons who assist the melsanthis (head priests) at Sannidhanam, Sabarimala.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu case regarding selection of...
Karnataka High Court Directs State Authorities To Hold Meeting With Organizers Of Proposed RSS Route March On October 28
The Karnataka High Court on Friday (October 24) asked the State authorities to hold a peace-committee meeting with the organizers of the proposed Rashtriya Swayamsevak Sangh (RSS) route march on October 28. The court said this after taking note of a report by the authorities as per which there exists some kind of tension at Chittapur town, where the march is proposed to take place.The...
Himachal Pradesh High Court Declines Anticipatory Bail To Woman Accused Of Confining, Beating Scheduled Caste Boy For Touching Her House
The Himachal Pradesh High Court has denied anticipatory bail to a woman who was accused of confining and beating the deceased child because he belonged to a schedule caste and had touched her house. She also allegedly demanded a sacrificial goat for purification of her house.The Court noted that such conduct of the accused was clearly motivated by caste-based discrimination.Justice...
Process Of Designating Senior Advocates Inclusive, Reflects Bar's Diverse Strength: P&H High Court Bar Association Tells Chief Justice
The Punjab and Haryana High Court Bar Association (PHHCBA) has written to the High Court's Chief Justice asserting that the recent process of designating Senior Advocates was transparent, inclusive and reflective of the Bar's diverse strength.The Punjab and Haryana High Court on October 20, has designated 76 lawyers as Senior Advocates, among those elevated, five are women. 210 advocates...
Delhi High Court Allows Third Medical Exam Of UPSC Aspirant, Cites Large Disparity In Disability Assessed By Different Boards
The Delhi High Court has paved the way for a third medical examination of a UPSC aspirant, claiming to have more than 40% hearing disability, after a material difference emerged in the reports prepared by AIIMS and Army Hospital.While the aspirant contended that there is no stipulated procedure by which he could be subjected to a third medical examination, a division bench of Justices...
Law Harsher Against Vehicle Owner Than Land Owner In Cases Of Illegal Reclamation Of Paddy Land: Kerala High Court
The Kerala High Court recently observed that in cases of reclamation of paddy land in contravention of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the law treats the vehicle owner more harshly than the land owners.The Division Bench of Justice A. Muhamed Mustaque and Justice Harisanka V. Menon was considering an appeal preferred by the owner of a JCB...
Kerala High Court Pulls Up State Over Conflicting Affidavits On Whether NH-85 Stretch Falls In Reserved Forest
The Kerala High Court on Friday (October 24) came down heavily on the State Government for its inconsistent affidavits regarding the legal status of land along the Neriamangalam–Valara stretch of National Highway 85, and has directed the Chief Secretary to pass a reasoned order clarifying whether the area constitutes a reserved forest.A Division Bench comprising Chief Justice Nitin Jamdar...