MP High Court Inquires State About Action Taken Against Alleged Encroachment Of 'Ancient' Temple

The Madhya Pradesh High Court on Monday (October 6) directed the State to file an affidavit disclosing the current status of the Shri Vishnu Barah Mandir temple located in Majhauli. The court further directed the state to inform regarding alleged encroachment on the said land and if any action has been taken or is proposed to be taken against encroachment. The court was hearing a PIL...

Mere Withdrawal Of Suit Pursuant To Compromise Doesn't Culminate Into Executable Decree: Delhi High Court

The Delhi High Court has held that mere withdrawal of a suit, even pursuant to a compromise, does not in itself culminate into an executable decree unless the compromise is expressly recorded by way of an order and a decree is drawn under Order XXIII Rule 3 of CPC.The provision authorises the Court to pass a decree on a compromise.Justice Purushaindra Kumar Kaurav held,“There are...

Draft Law Based On Hema Committee Report Likely To Be Placed Before Council Of Ministers In Nov: State Tells Kerala High Court

The Kerala High Court on Wednesday (October 8) was told by the Government Pleader that the draft legislation for addressing issues in the entertainment industry in the State is likely to be placed before the Council of Ministers by the first week of November.During an earlier hearing, the Special Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha had orally pointed lacunae...

'No Parent Would Fatally Harm Their Child': Rajasthan High Court Converts Father's Murder Conviction To Culpable Homicide, Reduces Life Term

Rajasthan High Court converted a father's murder conviction for fatally hitting his son's neck with a sharp edged tool, to culpable homicide not amounting to murder and reduced sentence from life imprisonment to 7 years.The division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi took into consideration the testimonies of prosecution witnesses including appellant's wife...

Delhi High Court Issues Summons To Netflix, Others In Sameer Wankhede's Defamation Suit Against Series 'Ba***ds of Bollywood'

The Delhi High Court on Wednesday (October 8) issued summons in a defamation suit filed by IRS Officer Sameer Wankhede against Red Chillies Entertainment, Netflix and others over his allegedly defamatory portrayal in the new Netflix series “Ba***ds of Bollywood” directed by Aryan Khan.Justice Purushaindra Kumar Kaurav also issued notice on the application for interim relief and listed...

[Finance Act] Retrospective Abolition Of ITSC Doesn't Nullify Settlement Applications Filed Between Feb 1 To Mar 31, 2021: Delhi High Court

The Delhi High Court has held that the Finance Act 2021, which retrospectively abolished the Income Tax Settlement Commission (ITSC), responsible for enabling compromise between the state and its tax payers, cannot create a void.For context, the Finance Act 2021 envisaged replacing the ITSC with a body known as the Interim Board of Settlements from 01.02.2021. However, the Act came into force...

State Responsible To Set Up Trauma Centre, Art Institution For Pilgrims Welfare; Nathdwara Temple Board Can Only Help: Rajasthan High Court

Rajashtan High Court modified its order dated October 3, 2017, to the extent of shifting the responsibility of developing a Trauma Centre and National Level Institution to promote Indian Art, at Nathdwara, Rajasthan, from the Nathdwara Temple Board to State Government/functionaries, clarifying that the Board shall provide all assistance for the purpose.The matter related to a writ petition...

Poor Assistance By Advocates Hinders SC's Direction For Disposal Of Bail Pleas In 2 Months : Allahabad High Court

The Allahabad High Court has strongly criticized the "poor quality of assistance" being rendered by several advocates to courts already burdened with heavy dockets, calling it a "very sad state of affairs”" A bench of Justice Subhash Vidyarthi observed that such conduct of the lawyers becomes "a hurdle in speedy dispensation of justice" and thwarts the Supreme Court's recent...

Mere Payment Of Rent By Partnership Firm Does Not Confer Tenancy Rights: HP High Court

The Himachal Pradesh High Court has held that when the tenancy is in the name of an individual, mere payment of rent by a partnership firm does not confer tenancy rights in its favour unless there is a valid tenancy in the name of the firm.Justice Ajay Mohan Goel remarked that: “Maybe even if some payments were made by some partnership firm, this does not mean that the said partnership...

Non-Use Of Mandatory Portal Can't Be Ground To Reject Appointment When Portal Was Non-Functional: Bombay HC

A Division bench of the Bombay High Court comprising Justice M. S. Karnik and Justice Sharmila U. Deshmukh held that rejection of a teacher's appointment approval was unsustainable because the mandatory 'Pavitra Portal' was non-functional at the time of recruitment, and the Education Officer failed to respond to the school's prior communications. Background Facts A vacancy...

Any Person In Control Of Company Is Liable To Face Penal Measures If Account Is Declared Fraud: Bombay High Court In Ambani's Case

While dismissing the plea filed by industrialist Anil Ambani, the Bombay High Court held that whenever a company's account is classified as "fraud" its Promoters, Directors or anyone having control over the said company, automatically become liable to penal actions as mandated under the Reserve Bank of India (RBI) Master Directions, 2024.Notably, Ambani and his company Reliance...

LIC's Cancer Cover Valid Only If 'First Diagnosis' Occurs After Waiting Period, Not Expert Confirmation: Kerala High Court

The Kerala High Court allowed Life Insurance Corporation's appeal against direction to pay insurance coverage claim of a cancer patient, holding that LIC's coverage for cancer care would apply only if the first diagnosis–which does not include confirmation by expert, occurred after waiting period of 180 days. The claimant, an LIC policy holder, had renewed her cancer cover on 16.03.2021. As...