High Courts
CCS (Leave) Rules, 1972 | Maternity Leave For Third Child Can't Be Denied If First Two Children Were Born Before Joining Service: HP High Court
The Himachal Pradesh High Court has held that if two children of a government servant were born before joining government service and the third child is born after joining service, maternity leave under Rule 43(1) of the Central Civil Services (Leave) Rules, 1972 can't be denied.Justice Sandeep Sharma remarked that: “petitioner herein had given birth to two children prior to her induction...
Delhi High Court Grants Interim Relief To Ching's, Restrains Local Manufacturer From Using 'Schezwan Chutney' Mark
The Delhi High Court has granted interim relief to Capital Foods Private Limited- known from the brand “Ching's”, and has restrained a manufacturer from manufacturing and selling products under the mark “Schezwan Chutney.”Justice Manmeet Pritam Singh Arora granted ex parte ad interim injunction in favour of Ching's and restrained the manufacturer- Pitambari Products Private Limited...
Kerala High Court Directs State To Re-Examine MGNREGA Social Audit Society's Composition To Ensure Its Independence
The Kerala High Court recently passed a judgment directing the State government to constitute a committee to look into the independence of the Social Audit Society under the Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) Scheme.The Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was considering a PIL filed by Adv. George Pulikuthiyil, former ombudsman of...
Lady Deported To Pakistan After Pahalgam Attack Allowed To Return: Centre Tells J&K&L High Court
The Jammu & Kashmir High Court disposed of two appeals after noting the Centre's decision to grant a fresh visitor visa to Pakistani national Rakshanda Rashid, who was deported earlier this year following a blanket visa revocation in the wake of the Pahalgam terror incident.A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal recorded the Union Government's...
P&H High Court Denies Pre-Arrest Bail To Man Who Replaced National Flag With Saffron Flag Atop Mosque
The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of replacing the national flag with a saffron flag atop a mosque.The FIR was lodged under Sections 299, 3(5), 61(2) 196, 238 of the BNS and Section 2 of the Prevention of Insult to National Honours Act, 1971 at a Gurugram's police station.Justice Manisha Batra said, “The gravity of the offence and...
Stop Unauthorised Construction Or Encroachment In Sarojini Nagar Market: Delhi High Court To NDMC
The Delhi High Court has directed the New Delhi Municipal Corporation (NDMC) to forthwith stop the unauthorised or illegal construction in city's Sarojini Nagar market.Justice Mini Pushkarna sought response of the NDMC on the action taken by it against alleged illegal encroachment by the shopkeepers in the Sarojini Nagar market. The Court issued notice on a plea filed by Sarojini Nagar...
Marriage With Minor Invalid, Can't Be Invoked To 'Sanitize' Rape Offence: Delhi High Court
The Delhi High Court has observed that since marriage with a minor is legally void under Indian law, it cannot be invoked to “sanitize” the offence of rape.“Moreover, a marriage with a minor is not only invalid under Indian law but also irrelevant for the purpose of determining the applicability of the offence of rape when the prosecutrix is under the age of consent. In other words,...
Overloading Passenger Vehicle Did Not Lead To Accident, Not A Breach Of Policy: HP High Court Directs Insurance Company To Pay Compensation
The Himachal Pradesh High Court held that overloading of a passenger vehicle is not a violation or fundamental breach of the terms of the insurance policy unless it is related to the cause of the accident.Relying on the decision of Supreme Court in National Insurance Co. Ltd. v. Swaran Singh, 2004 which held that the breach on the part of the insured must show that the accident or damage...
Rajasthan High Court Takes Suo-Motu Cognizance Of Dog Bites, 'Menace' Of Stray Animals On Public Roads
The Rajasthan High Court has taken suo moto cognizance of the dog bite incidents in the state, and the menace of stray animals on public roads and highways causing multiple deaths in the state. The court took note of a news reports in various newspapers reporting incidents of dog-bites in Rajasthan, one of which referred to a report published by the Press Information Bureau, which is...
S.84 BSA | Power-Of-Attorney Executed Before Foreign Notary Valid Only If Country Is 'Reciprocating' Under Notaries Act: Kerala High Court
The Kerala High Court recently held that in the absence of a notification recognizing a foreign country as a reciprocating country, an Indian court cannot recognize a power-of-attorney executed by a foreign notary public.Justice K. Babu observed, “I am of the considered view that the mandate of Section 57(6) of the Indian Evidence Act that the Court shall take judicial notice of the seals...
'Failed To Show Respect, Honour To Court': MP High Court Fines Lawyer ₹10K For Appearing On VC From Car
The Madhya Pradesh High Court, on Friday (August 1), imposed a fine of Rs. 10,000 on an advocate for appearing via video conferencing while seated inside a car, remarking that VC was not a facility were formality appearances can be relaxed and that dignity of court is compromised. A division bench of Justice Atul Sreedharan and Justice Anuradha Shukla in its order noted that the lawyer...
Bhopal Gas Tragedy: MP High Court Directs State To Urgently Examine Issue Of Shifting Containment Site Of Toxic Residue Away From Inhabited Areas
The Madhya Pradesh High Court, on Thursday (July 31), directed the State Government to expeditiously examine the issue of shifting the containment site of toxic residue away from the habitable zone, in the least seizermic zone anywhere in the state, to ensure that any accidental leakage would not adversely affect groundwater sources, humans, animals or the environment. These observations...