High Courts
'Virtually Threatening Court': Karnataka High Court Raps Advocate For "Dictating Order" In Review Petition, Imposes ₹25K Cost
Emphatically censuring a lawyer's attempt to 'browbeat' and 'threaten' the court to pass favourable orders on the guise of a review petition, the Karnataka High Court has imposed a cost of Rs 25000/- before dismissing the said petition as 'vexatious' and 'frivolous'.The single-judge bench of Justice Hanchate Sanjeevkumar made scathing remarks about the counsel for the petitioners, B.M. Arun,...
“Landlord Is Best Judge Of His Requirement”: Calcutta High Court Allows Eviction For Construction Of Toilet
The Calcutta High Court allowed a second appeal and restored a trial court decree for eviction, holding that a landlord's requirement to construct a toilet in premises lacking such basic facility constitutes a bona fide and reasonable requirement under the West Bengal Premises Tenancy Act, 1956. The judgment was delivered by Justice Sugato Majumdar.The plaintiffs had filed a suit seeking...
J&K&L High Court Quashes Defamation Case Against Newspaper Owner, Says Presumption Under 1867 Press Act Applies Only To Editor
The High Court of Jammu & Kashmir and Ladakh has held that under the Press and Registration of Books Act, 1867, the statutory presumption regarding responsibility for publication of a newspaper operates only against the “Editor”. The Court clarified that the Act does not recognise other designations such as Chief Editor or Managing Editor for raising such presumption, though they...
J&K&L High Court Flags Lack Of Alertness In Handling Preventive Detention Cases, Says Matters Being Left To Subordinate Staff In Admin
Holding that the handling of preventive detention matters in the Union Territory reflects a troubling lack of administrative vigilance, the High Court of Jammu & Kashmir and Ladakh has observed that there is no one at the end of the respondents bearing alertness and aliveness to the handling of preventive detention cases.Spotlighting serious administrative lapses in the handling of...
'Security Concerns Cannot Justify Non-Statutory Building Restrictions': Calcutta High Court Quashes Conditions On Project Near Nabanna
The Calcutta High Court has held that municipal authorities cannot impose building-sanction conditions that lack statutory backing merely on the basis of security concerns raised by police authorities regarding nearby sensitive installations. The Court observed that allowing such conditions would permit executive authorities to override the statutory scheme governing building...
Kerala High Court Directs State To Expedite Process Of Finalising Anti-Ragging Bill 'At The Earliest'
The Kerala High Court has recently (10 March) directed the State to set a deadline for submission of remarks by the concerned departments to expedite the process of finalising the Anti-Ragging Bill in the State,The Division Bench comprising Chief Justice Soumen Sen and Justice C Jayachandran were considering a PIL moved by KeLSA(Kerala Legal Service Authority), seeking stronger laws to...
Karnataka HC Seeks State's Response To Plea Challenging 120-Day Bar On Filing Written Statement Under State CPC Amendment
The Karnataka High Court sought the state's objections to a challenge against the constitutional validity of the amended provisions of Order VIII Rule 1 CPC, brought forth by the state-specific Code of Civil Procedure (Karnataka Amendment) Act, 2024.The single-judge bench of Justice Ashok S Kinagi at Dharwad noted that the stringent 120-day cap on filing the written statement in a civil...
Calcutta High Court Upholds Life Sentence Of Men For Raping 14-Yr-Old In Train's Army Compartment After Forcing Her To Drink Liquor
The Calcutta High Court has upheld the conviction and sentences awarded to three men for the rape of a minor girl on a moving train, holding that the prosecution had proved the charges beyond a reasonable doubt through consistent victim testimony, medical evidence, and corroborating circumstances.A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi dismissed three...
Decree Holder With Charged Decree Enjoys Priority Over Unsecured Decree Holders U/S 73 CPC: Kerala High Court
The Kerala High Court has held that a decree holder with a charged decree enjoys priority over unsecured decree holders under Section 73 of CPC while challenging court auction sales under Order XXI Rule 90 of the Code of Civil Procedure (CPC) .A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar was delivering the judgment in an appeal challenging the dismissal of...
Trial Judge 'Put Words In Mouth Of Witness': Calcutta High Court Acquits Death Row Convict In Political Murder Case
The Calcutta High Court refused to confirm the death sentence imposed on a man convicted of murdering a political worker and ultimately set aside both the conviction and sentence, citing serious evidentiary gaps, investigative lapses, and fundamental errors in the trial court's appreciation of evidence.A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray was dealing with...
BNSS | Person Cannot Be Detained For Breach Of Interim Bond Pending Preventive Inquiry: Calcutta High Court
The Calcutta High Court held that a person cannot be taken into custody merely for alleged breach of an interim bond for good behaviour executed during preventive proceedings, clarifying that detention under the Bharatiya Nagarik Suraksha Sanhita, 2023 is permissible only when there is a breach of a final bond ordered after completion of the statutory inquiry. Justice Dr. Ajoy Kumar...
