High Courts
'Procedure Is Handmaiden Of Justice But It Can't Be Defeated In The Name Of Substantive Rights': Delhi High Court
The Delhi High Court on Wednesday (September 10) observed that while procedure is handmaiden of justice and technicalities must not be allowed to infringe upon substantive rights of parties however, the procedural requirements cannot be “trashed” in the name of substantive rights.“Even the substantive rights have to be claimed and granted following procedure prescribed by law…The...
Ambiguous Terms Of An Insurance Policy Must Be Interpreted To Favour The Insured: Bombay High Court
The Bombay High Court has held that in cases of ambiguity in an insurance policy, the principle of contra proferentem would apply and the terms must be interpreted in favour of the insured. The Court expressed serious concern over the conduct of TATA AIG General Insurance Company in repudiating the claim of a widow whose husband had availed a compulsory credit-linked insurance policy bundled...
Temple In Market Accessible To Public Is Not Private, Ban On Operating Meat Shops Around It Applies: Rajasthan High Court
Rajasthan High Court dismissed a petition filed against cancellation of license of meat shops established within 50 meters of places of worship in accordance with Clause 4 of the SOP dated March 22, 2021, issued under Section 269 read with Section 340 of the Rajasthan Municipalities Act, 2009 (“the Act”).The bench of Justice Anoop Kumar Dhand denied the argument put forth by the petitioner...
Telangana High Court Bars Mechanical FIRs Over 'Harsh Political Speeches', Lays Down Guidelines For Cases Linked To Social Media Posts
The Telangana High Court has directed the police not to mechanically register FIRs over "harsh, offensive, or critical political speeches", adding that in case of social media posts FIR for promotion of enmity, threat to public order, or sedition can be registered only if there exists a prima facie case. The court also emphasized that in matters involving political speech, prior legal...
Allahabad High Court Grants Interim Relief To SRM University, Its Officials In FIR Alleging Law Courses Run Sans Approval
The Allahabad High Court on September 10 granted interim protection from coercive action to Shri Ramswaroop Memorial University, Barabanki and its officials, including the Registrar, in connection with an FIR alleging that the University had admitted students and conducted examinations in law courses without valid approval. A bench of Justice Rajesh Singh Chauhan and Justice Syed...
Pension Is Not A Perpetual Income, Cannot Override Bonafide Need Of Premises By Landlord's Family: HP High Court
The Himachal Pradesh High Court has held that pension income cannot substitute a landlord's bona fide requirement for premises to settle his son in business.Justice Vivek Singh Thakur remarked that: “Income of pension is also not a perpetual income and after death of landlord, his family members including his younger son shall not be entitled for any pension”.The Landlord filed an...
Students Suicide Becoming More Frequent, Functional Anti-Ragging Helpline Utmost Necessity: Delhi High Court
Observing that students suicide are becoming more frequent, the Delhi High Court has emphasised that a proper, functional and effective Anti-Ragging Helpline is an immediate and utmost necessity.A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal said that the process can brook no delay “lest we lose more young lives to this scourge.”“The Court has...
Rajasthan High Court Stays Cheating FIR Against Shah Rukh Khan, Deepika Padukone For Endorsing 'Defective' Car
The Rajasthan High Court on Wednesday (September 10) stayed investigation in a cheating FIR registered against Bollywood actor Shah Rukh Khan and actress Deepika Padukone for endorsing 'defective' Hyundai car. For context, both Khan and Padukone are brand ambassadors for the car brand. FIR was registered under Sections 406(criminal breach of trust), 420 (cheating) and 120-B (criminal...
Akshaya Centres Are Not Business Centres, Can't Dictate Service Charge On Public For Availing Essential Services: Kerala High Court
The Kerala High Court recently held that Akshaya Centres are intended for connecting the general public with government services and cannot be considered to be business centres with profit motive.Justice N. Nagaresh observed:"The Akshaya Centres are service centres. Akshaya Centres cannot be treated as business centres, enabling the franchisees to run the centre with profit motive alone....
Punjab & Haryana High Court Directs CBI Probe Against Lawyer Accused Of Bribing Judge
The Punjab and Haryana High Court has directed CBI probe into allegations that an advocate took Rs. 5 lakh from a litigant for allegedly bribing a judicial officer and a government pleader.Justice Sandeep Moudgil said, “Having considered the factual aspects and the serious nature of the allegations involved, this Court finds it appropriate to refer the entire matter to the Central Bureau...
Water Act | Pollution Control Board Has Authority To Impose Environmental Compensation: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that Pollution Control Board has the authority and jurisdiction to impose environmental compensation, in this case under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.The bench of Justice Rajan Roy and Justice Manjive Shukla relied on Indian Council for Enviro Legal Action etc. vs. Union of India and others etc. where the...
Employees' Contributions Must Be Paid By Due Date Under ESI/EPF Act, Not Income Tax Act: Delhi High Court
The Delhi High Court has held that an employer can claim deduction of employees' contributions towards Provident Fund or Employer's State Insurance Fund, held by it in trust, only if it deposits these amounts on or before the statutory due date prescribed under the relevant labour law.Section 36(1)(va) of the Income Tax Act, 196 pertains to employees' contribution. It stipulates that...