High Courts
Family Court Must Adopt Sensitive Approach In Custody Cases, Prioritize Child's Welfare Above Litigants' Rights: Gujarat High Court
While considering a custody case the Gujarat High Court observed that in such matters family court must adopt sensitive and child-centric approach wherein proceedings are conducted in a manner which minimizes trauma and prioritizes child's welfare above the rights of the litigating parties. The court was hearing a mother's plea challenging a family court's order which had directed her to...
“Non-Compliance With Mandatory Bank Guarantee Validity Justifies Rejection Of Tender Bid": Chhattisgarh High Court
The Chhattisgarh High Court has dismissed a writ petition challenging the disqualification of a contractor from a government tender process related to the construction of an Eklavya Model Residential School (EMRS).M/s Ramsaran Singh Projects LLP (Petitioner 1)— engaged in civil construction work, challenged the validity of an e-mail issued by WAPCOS Limited, a Government of India...
Unusual Victims' Conduct; No POCSO Presumption At Pre-Charge Stage: Why Allahabad HC Granted Relief To Swami Avimukteshwaranand
The Allahabad High Court today granted anticipatory bail to Swami Avimukteshwaranand Saraswati and his disciple in a case registered under the POCSO Act over the alleged sexual abuse of minors.In a detailed 22-page order, a bench of Justice Jitendra Kumar Sinha questioned the 'unusual' conduct of the minor victims in confiding about the alleged offence in a stranger, the first informant...
Karnataka High Court Quashes Pollution Board's Closure Order Against Energy Unit, Directs Fresh Inspection
Granting relief to an oil production unit of M11 Energy Transition Company at Udupi, the Karnataka High Court has set aside the closure orders issued by the Member Secretary of Karnataka State Pollution Control Board (KPSPCB) for want of jurisdiction.M11 Energy Transition Pvt Ltd, a manufacturer of non-edible oil and biodiesel, previously moved the High Court challenging closure orders issued...
'Frivolous Contempt Plea Against Judicial Officer Is Abuse Of Process': Punjab & Haryana High Court Imposes ₹1 Lakh Costs
The Punjab and Haryana High Court has held that levelling false allegations of non-compliance of court orders against a judicial officer amounts to gross abuse of the process of law and warrants imposition of exemplary costs. The Court observed that the allegation of disobedience of this Court's order against a sincere, competent and hard-working Judicial Officer demands indulgence of this...
Minor's Suicide Case: Karnataka High Court Directs Bengaluru Pubs To Strictly Verify Age Before Granting Entry
The Karnataka High Court on Wednesday (March 25) directed pubs and breweries in Bengaluru to initiate rigorous age verification protocols preferably at the entry of the premises. In doing so the court refused to quash criminal proceedings against the licensee of a Brewery in the city wherein a teenager had allegedly consumed alcohol and later committed suicide. The single judge bench of Justice...
Statutory Confidentiality Under POSH Act Doesn't Bar Supply Of Documents To Accused Employee Facing Disciplinary Action: Kerala High Court
The Kerala High Court has held that statutory confidentiality provisions under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) cannot be invoked to deny an accused employee access to relevant documents in disciplinary proceedings.Justice N. Nagareesh, delivered the judgment. The present petition was filed seeking to quash the...
Absence Of Material Facts Fatal To Election Challenge: Bombay High Court Dismisses Plea Challenging MLA's Election
The Bombay High Court has held that the absence of material facts to substantiate allegations of suppression in an election petition constitutes non-compliance with Section 83(1)(b) of the Representation of the People Act. The Court observed that failure to plead essential facts necessary to establish a complete cause of action renders the election petition liable to be rejected at...
Allahabad High Court Grants Anticipatory Bail To Swami Avimukteshwaranand In Prayagraj POCSO Case
The Allahabad High Court today granted anticipatory bail to Swami Avimukteshwaranand Saraswati in the Prayagraj POCSO CaseOn February 27, a bench of Justice Jitendra Kumar Sinha reserved orders on his anticipatory bail plea and had directed that Avimukteshwaranand Saraswati and his disciple shall not be arrested until the final disposal of the anticipatory bail application.It may be noted...
“Cannot Become Privy To Trampling Of Personal Liberty”: J&K&L High Court Orders Release Of Detenue From Courtroom
The Jammu & Kashmir and Ladakh High Court, while ordering the release of a detenue directly from the courtroom, held that it could not permit the continuation of a preventive detention order that results in trampling of the fundamental right to personal liberty, particularly where such detention is founded on no factual or legal basis.The Court was hearing a habeas corpus petition...
Gujarat High Court Directs State Govt To Frame Child Protection Policy, Seeks Social Audit Report By June 30
The Gujarat High Court recently directed the State government to frame a Child Protection Policy and further directed the State Commission for Protection of Child Rights to conduct Social Audit, prepare and submit an annual report and special reports by June 30. The court was hearing a PIL filed to ensure compliances of the directions contained in Supreme Court's 09.02.2018 judgment in...
Karnataka High Court Quashes FIR Against Sri Sri Ravi Shankar In Alleged Land Encroachment Case
The Karnataka High Court on Wednesday (March 25) quashed an FIR registered against spiritual guru Sri Sri Ravishankar over alleged land encroachment in Bengaluru.The single judge bench of Justice M. Nagaprasanna however clarified that none of the observations made in the course of the order would be applicable to other accused or pending proceedings before any other forums.A detailed order...