High Courts
45-Day Limitation To File Replication Runs From Date When Belated Written Statement Is Recorded, Not From Advance Service: Delhi High Court
The Delhi High Court has made it clear that merely because a written statement (WS), filed belatedly, is served by the Defendant on the Plaintiff, the same would not obligate the latter to file his rejoinder/ replication within 45 days thereafter.Justice Tejas Karia observed that the replication would be futile if the Court refuses to condone the delay in filing of WS. Hence, the...
Using MGNREGA Funds To Pay Skilled Employees Cannot Justify Denial Of Regularisation: HP High Court
The Himachal Pradesh High Court held that MGNREGA is designed only for unskilled manual work, and cannot be used to deny regularization to skilled roles like Computer Operators.The Court observed that the State wrongly used MGNREGA funds to pay for skilled services despite having sanctioned posts.Rejecting the State's contention, Justice Sandeep Sharma remarked that: “Unskilled manual...
Ignorance Of Nature Of Contraband No Defence Under NDPS Act: Delhi High Court While Denying Bail In Drug Trafficking Case
The Delhi High Court has denied bail to two men in an alleged drug trafficking syndicate case, observing that ignorance of the nature of contraband is no defence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Justice Ajay Digpaul denied bail to a Nigerian national Ekoh Collins Chidubem and one Pradeep Kumar Jha in a case registered under Sections 8, 21, 23 and 29 of the...
Entire Project Does Not Become 'Proceeds Of Crime' Under PMLA Merely Because Of A Tainted Investment: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court clarified that a property does not become “proceeds of crime” merely because funds tainted under PMLA were invested in its development.A bench of Justice Rahul Bharti, while deciding a petition concerning the Golden Palms real estate project in Jaipur, observed that only the tainted money itself or the property representative of that amount can...
Wife Cannot File Writ Petition On Behalf Of Husband Without Valid Power Of Attorney: Kerala High Court
The Kerala High Court recently dismissed a writ petition instituted by a wife on behalf of her husband whose property was being managed by her. It found that the wife has no locus standi to prosecute the petition since she was not an owner or valid power of attorney holder even though the husband was abroad.The case before Justice C.S. Dias was a writ petition challenging the order of...
Drug Overdose Case: Punjab & Haryana High Court Says Risk Higher With Pure Or Unadulterated Drugs, Grants Bail To Accused
The Punjab and Haryana High Court while granting bail to a man booked after alleged drug overdose death of a youth, observed that pure drugs can often be more lethal than adulterated substances.Perusing the pleadings, the Court found that the cause of death was drug overdose and at this stage it could not be ascertained whether the accused-petitioner forcibly administered an overdose of the...
Deceased's Ability To Pay Heavy EMIs Relevant Factor When Determining His Income In Motor Accident Compensation Claim: Rajasthan High Court
The Rajasthan High Court recently enhanced the compensation awarded by the Motor Accidents Claims Tribunal from around Rs. 7.80 Lakhs to around Rs. 60.62 lakhs, by recomputing the deceased's income in light of monthly EMIs being paid by him, as well as his holding of the agricultural land capable of yielding regular income.The bench of Justice Rekha Borana held that the ability of an...
UNHCR Refugee Certification Not Substitute For Valid Visa For Foreign Nationals: Delhi High Court
The Delhi High Court has observed that United Nations High Commissioner for Refugees (UNHCR) certification is not a substitute for a valid visa for foreign nationals under the Foreigners Act, 1946. “UNHCR certification, though relevant for humanitarian consideration, does not confer any enforceable legal status upon an individual under Indian municipal law. It cannot substitute for a...
MP High Court Orders State To Compensate Widow Of Govt Employee Tasked With Arranging Buses For Migrant Labourers During Pandemic
The Madhya Pradesh High Court directed release of compensation under Mukhyamantri Covid-19 Yoddha Kalyan Yojana to the widow of government department official, ruling that the only requirement under the scheme was that the death must occur while serving during Covid-19 pandemic which was fulfilled in this case. The court noted that the deceased was tasked with assigning ambulances and...
Absence From Duty Not Always Misconduct: MP High Court Quashes Penalty Of Head Constable For Going On 99-Day Leave Due To Illness
The Madhya Pradesh High Court set aside punishment imposed on a head constable whose one increment was withheld indefinitely for alleged unauthorized leave for 99 days due to his own and his father's illness which it said was not considered by the authorities.The court also reiterated that remaining absent from duty may not a misconduct in itself unless it is intentional. Justice Ashish...
Intra-Court Appeal Against Order Dropping Contempt Proceedings Not Maintainable Except In Specific Cases: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that intra court appeals under Section 19 of the Contempt of Courts Act, 1971 are maintainable only if an order punishing for contempt has been passed, or if there has been adjudication on merits of the case i.e. substantive issues of the original dispute between the parties, otherwise they are not maintainable.Referring to the judgment of the Apex Court...
Gujarat High Court Hosts 2-Day Conference On Arbitration Law
The Gujarat High Court in collaboration with the Gujarat State Judicial Academy hosted a Two-Day Conference on Arbitration Law on September 20-21 bringing together eminent Judges and senior advocates from across the country, aiming to deepen engagement with arbitration jurisprudence, highlighting contemporary challenges and a way forward for the future. A press note states that the...