High Courts
Pertains To Violation Of Fundamental Rights Under Article 21: Rajasthan High Court Stays Installation Of Dairy Booth Outside Private Residence
The Rajasthan High Court appointed a Court Commissioner in a plea challenging State government's order permitting proposed installation of a dairy booth outside a private residence in Jaipur, where it was alleged that dairies are running a wholesale kirana shops or small restaurantsConsidering the matter to be having “writ large effect”, the high court directed the Court Commissioner...
Matrimonial Dispute Is No Grounds To Deny Family Pension To Wife Upon Husband's Death: Delhi High Court
The Delhi High Court has made it clear that a wife cannot be denied family pension upon her husband's death, merely because they had an ongoing matrimonial dispute.A division bench of Justices Navin Chawla and Madhu Jain observed,“The very fact that the petitioner had filed an application seeking maintenance from the deceased, shows that there were some matrimonial disputes between...
Police Has No Unbridled Power To Open History-Sheet On Likes Or Dislikes; Cogent Material Required For Reasonable Suspicion: Allahabad High Court
The Allahabad High Court has ruled that police cannot exercise 'unbridled' and 'uncanalised' power in opening history sheets against someone merely on the basis of their likes or dislikes, and that cogent and reliable material is required to form a reasonable suspicion. The Court specifically observed that Regulations 228 and 240 of the Uttar Pradesh Police Regulations do not give...
Delhi High Court Rules In Favour Of Haveli Restaurants, Asks 'Punjabi Haveli' To Remove Ads From Third Party Websites
Ruling in favour of famous Haveli Restaurant and Resorts, the Delhi High Court has recently asked a Ludhiana based company running under the name “Punjabi Haveli” to refrain from using “Haveli” marks and to remove its advertisements or listings from third party websites. Justice Manmeet Pritam Singh Arora directed Punjabi Haveli to remove its board or hoarding or display material...
Allahabad High Court Raps Horticulture Dept Director For Denying Maternity Leave On 2-Yr Gap Ground; Issues Contempt Notice
The Allahabad High Court last week took serious note of the conduct of the Director, Horticulture and Food Processing Department, Uttar Pradesh, for once again rejecting a woman employee's application for maternity leave on the ground that a gap of two years had not elapsed between the first and second maternity leave. While hearing the petition filed by one Sushila Patel, a bench...
Hindu Marriage Can't Be Dissolved By Signing Marriage Dissolution Deed In Front Of Villagers: Delhi High Court
The Delhi High Court has held that a Hindu marriage cannot be dissolved by signing a marriage dissolution deed in front of villagers or “social people and witnesses.”A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said: “We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed...
'Common Area Maintenance Charge' Paid To Mall By Showroom Is Not Rent, Not Liable To TDS U/S 194-I Income Tax Act: Delhi High Court
The Delhi High Court has held that the Common Area Maintenance Charge (CAM) paid by a showroom owner to the mall does not qualify as 'rent' and is not liable to TDS under Section 194I of the Income Tax Act 1961.Section 194I stipulates that TDS applies if the total rent paid or payable in a financial year exceeds a specified limit.A division bench of Justices V. Kameswar Rao and Vinod...
'Draupadi's Humiliation Set Stage For War': Orissa High Court Alters Conviction In 1994 Murder Case Linked To Insult Of Girl
The Orissa High Court has altered the murder conviction of six persons under Section 302, IPC to culpable homicide not amounting to murder under Section 304 Part-II, IPC for causing death by fatal assault of a man, who registered protest against misbehaviour meted out by one of the accused to his daughter.Ruling out intention on the part of the appellants for causing murder, Division Bench...
Delhi High Court Rejects Centre's Plea Against Direction To Grant Promotion To IRS Officer Sameer Wankhede If Found Eligible
The Delhi High Court has dismissed Central Government's plea against a direction to grant promotion to IRS officer Sameer Wankhede if he is found suitable by the UPSC.A division bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the order of the Central Administrative Tribunal and asked the Union Government to comply with the direction within four weeks. Vide the impugned...
Hindu Marriage Not 'Religious Purpose': Madras High Court Quashes GO Permitting Use Of Temple Funds To Construct Marriage Halls
The Madras High Court has recently quashed a Government Order by which the State had granted permission for the construction of marriage halls by utilising the temple funds belonging to five different temples situated at different places. The bench of Justice SM Subramaniam and Justice G Arul Murugan held that the State's decision was violative of provisions of the Hindu Religious...
Delhi High Court Asks Trial Court To Defer Hearing On Charge In Case Against Kapil Mishra Over 'Communal Tweets'
The Delhi High Court has asked the Trial Court to defer hearing on the point of charge in a case registered against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder...
Searching For Another Job With Rival Company Is A Basic Right, Does Not Constitute Moral Turpitude: Calcutta High Court
The Calcutta High Court has held that an employee searching for another job with better pay or benefits, even with a rival company, does not amount to moral turpitude for the purpose of termination of employment.Justice Shampa (Dutt) Paul held: "Thus looking for another job, even if with a rival company (though, not proved in this case) with better perks and facilities is a basic right and...