High Courts
S.163A MV Act | Borrower Driving Owner's Vehicle Not 'Third Party'; Legal Heirs Can't Claim No-Fault Compensation: Gujarat High Court
The Gujarat High Court has held that the legal representatives of a deceased borrower-driver cannot maintain a claim under Section 163A of the Motor Vehicles Act against the insurer, reiterating that a person who borrows a vehicle and drives it “steps into the shoes of the owner” and cannot be treated as a third party.Section 163A provides for compensation on a no-fault basis,...
“What Is Casual For Srinagar DM Is Causality To Fundamental Rights”: J&K&L High Court Quashes Arbitrary Detention, Orders Immediate Release
In a scathing indictment of administrative casualness in preventive detention matters, the Jammu and Kashmir and Ladakh High Court has quashed a detention order passed under the Public Safety Act, observing that “what is a casual for the District Magistrate Srinagar is a causality to the fundamental right of the personal liberty of the petitioner.”Justice Rahul Bharti, while allowing...
Subsequent Denial Of Bail To Co-Accused Not 'Supervening Circumstance' To Cancel Bail: Delhi High Court
The Delhi High Court has held that the subsequent denial of bail to co-accused persons cannot, by itself, be treated as a “supervening circumstance” warranting cancellation of bail already granted to an accused, in the absence of any allegation that the accused has misused the liberty granted by the court.Justice Neena Bansal Krishna thus dismissed a petition seeking cancellation...
Wife Pursuing S.498A IPC Case Against Husband In India After Accepting Divorce Settlement In US Is 'Abuse Of Process': Delhi High Court
The Delhi High Court has held that a wife cannot be permitted to continue criminal proceedings under Section 498A IPC in India after having accepted a divorce decree and monetary settlement passed by a competent court in the United States.Justice Neena Bansal Krishna thus quashed an FIR registered against the husband and in-laws, observing that the complainant-wife having voluntarily...
More Women Joining Workforce To Become Economically Independent, State Cannot Deny Maternity Benefits: Bombay High Court
At the time when more and more women are joining the workforce for becoming economically independent, the authorities by denying them maternity leave benefits cannot compromise their role as a care giver to the child, observed the Bombay High Court while ordering the Brihanmumbai Municipal Corporation (BMC) to pay and extend the benefits to a Doctor, working in the civic-run KEM hospital, at...
J&K&L High Court Sets Aside CAT Order Granting Sanction For Foreign Job; Says Taking Overseas Assignment Without Prior Permission Is Misconduct
Holding that Schedule XIX of the CSR and Rule 14(b) of the Leave Rules read in conjunction with Rule 10 of the Conduct Rules leave “no iota of doubt” that a Government servant who takes up foreign assignment without prior permission commits misconduct inviting disciplinary action, the High Court of Jammu & Kashmir and Ladakh has set aside a Central Administrative Tribunal order that...
Bombay HC Grants ₹50 Lakh COVID Compensation To MSRTC Supervisor's Widow; Says Field Staff Faced Same Risk As Drivers During Pandemic
The Bombay High Court has held that supervisory staff deputed to manage traffic operations during the COVID-19 pandemic were exposed to the same risk as drivers and conductors, and are therefore entitled to compensation of Rs. 50 lakhs under the applicable Government Resolution and MSRTC circulars. The Court observed that the deceased did his job at the risk to his life in a time when the life...
Jharkhand High Court Issues Directions For Bio-Medical Waste Management; Says Lax Enforcement Threatens Public Health & Violates Article 21
The Jharkhand High Court has issued a slew of directions in a public interest litigation concerning bio-medical-waste, emphasising the need for strict enforcement of the statutory framework governing handling and disposal of biomedical waste in the State.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing the PIL filed by the Jharkhand Human...
'Rigour Of Law Applies To All': Delhi High Court Rejects Centre's Bid To Revive Writ Dismissed Thrice For Non-Prosecution
The Delhi High Court has refused to restore a writ petition filed by the Union of India, holding that government departments are not entitled to any preferential or lenient treatment in matters of delay and procedural defaults.Justice Renu Bhatnagar also dismissed the Centre's application seeking condonation of a 395-days delay and restoration of a writ petition that had been dismissed...
Allahabad HC Grants Interim Relief To Swami Avimukteshwaranand In POCSO Case; Reserves Verdict On Anticipatory Bail Plea
The Allahabad High Court today granted interim relief to Swami Avimukteshwaranand Saraswati and his disciple in the POCSO Case and stayed theur arrest for now. Reserving verdict on their anticipatory bail plea, a bench of Justice Jitendra Kumar Sinha directed that the applicants shall not be arrested until the final disposal of the anticipatory bail application. The bench, however,...
2017 Actress Assault Case: Kerala Govt Moves High Court Against Acquittal Of Actor Dileep, Three Others
The Kerala Government has approached the High Court challenging a sessions court order acquitting actor Dileep of all charges in the 2017 Actress Assault case. Apart from Dileep who is Accused No. 8, the State has also challenged the acquittal of accused Nos. 7 Charly Thomas, 9 Sanilkumar @ Mesthiri Sanil and 15 Sarath G. Nair who are accused of entering into criminal conspiracy to commit...