High Courts
Interest Of Homebuyers Paramount In Insolvency Process Of Real Estate Company: Allahabad High Court
The Allahabad High Court has held that the interest of the homebuyers is paramount in an insolvency resolution process of a real estate company as it directly impacts their rights and interests.Justice Arun Kumar held“In an insolvency resolution process of a real estate company the primary concern is the interest of a homebuyer in the real estate project. The homebuyers are vital...
Delhi High Court Allows Couple To Proceed With Surrogacy Despite Husband Crossing Statutory Age Bar
The Delhi High Court has permitted an intending couple to move ahead with surrogacy procedure, despite the husband being above the maximum age limit prescribed under the Surrogacy (Regulation) Act, 2021.Justice Sachin Datta noted that since the couple initiated the surrogacy procedure prior to enforcement of the enactment, the age bar under Section 4(iii)(v)(c)(I) shall not be applicable to...
Relationship Began Before She Took Admission: MP High Court Reinstates Professor Accused Of Sexually Harassing Student
The Madhya Pradesh High Court has set aside the termination of a professor from the Indira Gandhi National Tribal University accused of sexually harassing and exploiting a female student, after noting that the relationship between the two was going on prior to her admission in 2021. Quashing the charges of sexual harassment, the court directed his reinstatement into service "forthwith"....
Bail Condition Restricting Doctor From Running His Medical Centre Does Not Violate Right To Livelihood: Delhi High Court
The Delhi High Court has made it clear that a bail condition, precluding a doctor, allegedly involved in a medical offence, from running his own medical centre, does not violate such a doctor's right to livelihood under Article 19(1)(g) of the Constitution.Justice Subramonium Prasad held,“the Applicant, who is a doctor, who can carry out his profession as a doctor by being associated with...
Kerala High Court Acquits Assam Migrant Labourer Who Was Sentenced To Death In Rape-Murder Case Of 60 Yr Old
The Kerala High Court on Friday (October 31) acquitted Parimal Sahu, the migrant labourer from Assam, who was accused of the rape and murder of a 60-year-old widow in Puthanvelikkara Grama Panchayat in Ernakulam district in 2018.The Division Bench comprising Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian reversed the finding of guilt by the Additional Sessions Judge, North...
Superior Authority Not Bound To Record Or Communicate Detailed Reasons When Rejecting Representation Against Adverse Remarks: Delhi HC
A Division bench of the Delhi High Court comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav held that a superior authority rejecting a representation against adverse remarks is not legally obligated to record or communicate detailed reasons for its decision. Background Facts The employee joined the BSF as a Group A officer in November 2012. Before that he served in...
Ex-MLA's Statue Installed On Govt Land? Allahabad High Court Registers Suo Moto PIL, Seeks Removal Plan For Illegal Structures
The Allahabad High Court in September this year registered a suo motu Public Interest Litigation (PIL) of the recurring issue of statues being installed on government land illegally without sanction. A Division Bench of Justice Rajan Roy and Justice Prashant Kumar bench essentially converted a petition concerning the statue of Ex-MLA Indrabhadra Singh (Dhanpatganj, Sultanpur) into a...
MP High Court Seeks Report On Service Of Notices To Newspapers, Social Media Platforms Over OBC Youth Foot-Washing Video
The Madhya Pradesh High Court on Friday (October 31) directed its Registry to clarify whether notices were issued to the newspapers, YouTube channels and other social media platforms that are stated to have published a video and news reports showing an OCB Youth allegedly compelled to wash the feet of another person. The division bench of Justice Vivek Agarwal and Justice Avanindra Kumar...
Delhi High Court Orders Finalization Of SOP On Mobile Phone Access To Open Prison Inmates
The Delhi High Court has directed the Director General (Prisons) to frame and notify a SOP on the access of mobile phones to open-prison inmates. Justice Sanjeev Narula said that the SOP should either allows such inmates to keep their mobile phones with proper rules and checks or sets up a secure system for them to deposit their phones and get them back during the hours they must stay inside...
Frame Solid Policy To Ensure Teachers' Regular Attendance In Rural Schools; Record Their Presence Digitally: Allahabad High Court To UP Govt
In continuation of its earlier directions aimed at ensuring teachers' regular presence in rural primary and junior schools, the Allahabad High Court on October 30 reiterated that the Uttar Pradesh Government must come out with a 'solid' solution ensuring attendance of the teacher in the institution where the children of poor villagers are studying. A bench of Justice Praveen Kumar...
Police Can Order Bank Account Freeze If Suspicious Dealings Found In Probe, Party Can Approach Magistrate For Relief: Allahabad High Court
The Allahabad High Court has held that police can direct freeze of bank accounts if it finds suspicious transactions during investigation and the affected party has the remedy to approach the Magistrate concerned for defreezing of account after investigation is concluded.Referring to the judgment of the Apex Court in Teesta Atul Setalvad vs. The State of Gujarat (2018), a division bench...
Railways Failure To Halt Overcrowding By Ticketless Persons Is Contributory Negligence, Liable For Genuine Passenger's Death: MP High Court
The Madhya Pradesh High Court has held that the Railway's failure to prevent ticketless and unauthorised persons from boarding a train amounts to contributory negligence, rendering it liable to compensate the dependents of a bona fide passenger who died due to overcrowding. The bench of Justice Himanshu Joshi observed; "The Railways is obligated under Sections 123(c) and 124A of the Railways...