High Courts
Rising Property Prices Make Timelines Crucial In Property Deals: Delhi High Court Refuses To Order Specific Performance
The Delhi High Court, while refusing to grant specific performance of an alleged agreement to sell, observed that rising property prices make adherence to timelines crucial in property transactions.“The commercial reality governing the transactions relating to immovable property in metropolitan cities such as Delhi, where the property values are subject to steady and significant escalation,...
“Contributory Negligence Won't Apply To Children”: J&K&L High Court Awards Compensation Over Drowning Of Minors In Unfenced Tank
The Jammu & Kashmir and Ladakh High Court has held that the doctrine of contributory negligence cannot ordinarily be invoked against children of tender age, and that authorities maintaining hazardous public installations are under a heightened duty to ensure adequate safety measures.The Court was hearing a writ petition filed by a father seeking compensation for the death of his three...
Liquor Business Is Not A Fundamental Right: MP High Court Upholds License Suspension Of Distilleries
The Madhya Pradesh High Court has upheld the suspension of multiple licenses held by Som Distilleries, observing that the liquor trade is not a fundamental right and is subject to strict statutory regulations. The bench of Justice Vivek Agarwal observed; "Firstly, liquor business is not a fundamental right and secondly, when the test of proportionality is applied, then on that touchstone...
Sessions Court Cannot Take Cognisance Of Offences Under Drugs & Cosmetics Act Without Committal By Magistrate: Bombay High Court
The Bombay High Court has held that a Sessions Court cannot take direct cognisance of offences under the Drugs & Cosmetics Act unless the case is committed to it by a Magistrate, as required under Section 193 of the CrPC. The Court observed that in the absence of any express provision in the Act permitting such direct cognisance, the statutory procedure under the CrPC must be...
Magistrate Becomes Functus Officio After Accepting Cancellation Report, Can't Probe Police Lapses: Delhi High Court
The Delhi High Court has held that once a Magistrate accepts a cancellation or untraced report filed by the police, the court becomes functus officio and cannot thereafter proceed to examine alleged lapses in investigation or direct action against police officials.Justice Saurabh Banerjee thus allowed a batch of petitions filed by police officials challenging a series of orders passed by...
Delhi High Court Upholds Summoning Of Sanctioning Authority Before Charge Stage In Corruption Case
The Delhi High Court has upheld the summoning of the sanctioning authority at the pre-charge stage in a corruption case, holding that courts are not barred from examining the validity of sanction before the commencement of trial where the facts so warrant.Justice Amit Mahajan thus dismissed a petition filed by the State challenging an order of the Special Judge permitting the accused to...
Knanaya Community's Endogamy Not Essential Religious Practice, Excommunicating Members Marrying Outsiders Violates Rights: Kerala High Court
The Kerala High Court on Monday (March 23) held that the practice of endogamy among the Knanaya Christians is not an essential religious practice and excommunicating members for marrying outsiders violates their fundamental rights under Articles 21 and 25 of the Constitution of India.Justice Easwaran S. dismissed the appeals filed by the Archeparchy of Kottayam and the Knanaya Catholic...
Karnataka High Court Stays FIR Against DRDO Employees For Allegedly Removing Stray Dogs From Campus
The Karnataka High Court in an interim order on Wednesday (March 25) stayed criminal proceedings in an FIR initiated against Defence Research and Development Organisation [DRDO] employees under the Prevention of Cruelty to Animals Act, 1960, for allegedly relocating the dogs within the DRDO township at Bengaluru.The single-judge bench of Justice M Nagaprasanna expressed shock that the State...
Discharge From Air Force On Grounds Of cumulative Unsuitability; Not A Punishment: Gauhati HC
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that discharge of an airman under Rule 15(2)(g)(ii) of the Air Force Rules, 1969, based on cumulative red-ink entries reflecting unsuitability for service does not amount to punishment. Background Facts The petitioner joined the Indian Air Force as a trainee on...
'Right To Fair Trial Violated': Bombay High Court Quashes Death Sentence, Orders Fresh Trial After Accused Was Not Properly Represented
The Bombay High Court on Tuesday (March 24) set aside a judgment of a Nashik Sessions Court awarding death sentence to a man convicted for raping and killing a minor girl, on the ground that the accused had no legal representation during the trial and therefore, remanded the matter back to the sessions court to conduct the trial afresh. A division bench of Justice Sarang Kotwal and...