High Courts
Humanity Has Suffered Enough Environmental Damage: Punjab & Haryana High Court Denies Pre-Arrest Bail To Man Accused Of Illegal Mining
"Humanity has suffered enough environmental damage," observed the Punjab and Haryana High Court as it refused to grant pre-arrest bail to a man accused of illegal mining.Chief Justice Sheel Nagu said, "that humanity has suffered enough environmental damage especially to the river as well as to the environment at large, the offence of illegal mining in rivers needs to be taken in all...
“Favouritism”: J&K High Court Quashes Tenders Awarded To Johnson & Johnson, SR Technomed Over Bias And Arbitrariness
The Jammu & Kashmir High Court has set aside rate contracts awarded by the Jammu and Kashmir Medical Supplies Corporation Ltd. (JKMSCL) for supply of suture materials stating “clear arbitrariness, procedural violations, and institutional favouritism” in favour of two long-time vendors.A bench of Justice Moksha Khajuria Kazmi observed that financial bids were opened and contracts...
State Tax Authorities Not Mandated To Issue DIN With Orders Or Summons: Gujarat High Court
The Gujarat High Court stated that state tax authorities not mandated to issue din with orders or summons. The Division Bench of Justices Bhargav D. Karia andP.M. Ravalobserved that “there is no mechanism of issuance of DIN on any of the communication, notice, summons, orders issued by the State Tax Authorities. In such circumstances, the contention raised on behalf of the...
Registrar Cannot Cancel Marriage Certificate Without Proof Of Fraud Or Improper Registration: Kerala High Court
The Kerala High Court has held that a Registrar of Marriages cannot cancel a marriage certificate unless it is proved that the registration was either fraudulent or improperly made.Justice C.S. Dias delivered the judgment in a writ petition filed by petitioners who had jointly applied for the cancellation of their marriage registration, arguing that the marriage was not validly solemnised...
Selection Process Cannot Be Kept Open Indefinitely, Violates Article 14: Punjab & Haryana High Court
The Punjab & Haryana High Court has refused to interfere in 2014 advertisement for the post of Forest Guard observing that the selection process cannot be kept open indefinitely as the same would be violative of Article 14.Justice Vinod S. Bhardwaj said, "The selection process cannot be kept open indefinitely. Keeping a selection process open-ended undermines the certainty and...
When Court Lacks Jurisdiction To Entertain Application U/S 34 Of Arbitration Act, It Cannot Set Aside Award On Merits: Gujarat High Court
The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice D.N. Ray and has held that Once the Court lacked jurisdiction to entertain the Section 34 application—having been filed beyond the limitation prescribed under Section 34(3) and its proviso—any finding on the validity of the arbitral award as void ab initio was without legal authority. Entertaining...
'Prima Facie Appears State Is Trying To Reintroduce Same Classes Of OBC Reservations Which Were Struck Down': Calcutta High Court
The Calcutta High Court while putting a stay on the notification by which the state government had ordered the preparation of a new list for Other Backward Caste (OBC) classes in the state, has held that it prima facie appeared that the state was trying to reintroduce the same OBC classes and percentage of reservations which had been struck down by a division bench of the court, and upheld by...
Bank's Right Of Recovery Under RDB Act Prevails Over State's Right Under VAT Act Due To Priority Given To Secured Creditors: AP High Court
The Andhra Pradesh High Court has upheld the right of Central Bank of India (petitioner) to recover its secured debts by sale of the mortgaged assets under the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act), and has ruled that it assumes priority over the claims of the State Government for recovery of dues under the Andhra Pradesh Value Added Tax Act, 2005 (AP VAT Act).On account...
Korba Gangrape-Murder | 'Shocks Conscience But Not Rarest Of Rare Case': Chhattisgarh HC Commutes Death Penalty Of 5 Men
The Chhattisgarh High Court last week commuted the death sentence of five accused who were convicted in January this year for gangraping and killing a 16-year-old girl and the murder of her two family members in 2021. While upholding their conviction, a bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru noted that the trial Court had failed to take into...
Judicial Officers Acting In Official Capacity Cannot Be Prosecuted Unless Malafide Is Apparent: Madhya Pradesh High Court
The Madhya Pradesh High Court, in a recent judgment (June 16), highlighted that judicial officers, while acting in their judicial capacity, are protected from prosecution. The court reiterated that judicial officers enjoy protection under Section 197 of the CrPC (Criminal Procedure Code) and interference through Article 226 and 227 is only possible if there is clear malafide intentions or...
Plea Filed By Sole Legatee Seeking Probate Of Will Of Deceased Is Maintainable: Karnataka High Court
The Karnataka High Court has said that a petition filed by the sole legatee seeking probate of the will of the deceased is maintainable before the court.A division bench of Justice Anu Sivaraman and Justice K. Manmadha Rao held thus while allowing an appeal filed by Jayaram B S, who had challenged the order of the trial court rejecting his probate application. The probate court had rejected...
'Alarming; Accused Said He Will Reoffend': Uttarakhand HC Denies Bail In FIR Over 'Indecent' Post On Lord Rama, Sita
The Uttarakhand High Court recently refused to grant bail to one Riyaz, accused of posting indecent comments on Instagram targeting Lord Rama and Goddess Sita, after taking note of allegations in the FIR that the accused not only admitted to making the objectionable comment but also expressed intent to repeat such conduct in the future. A bench of Justice Rakesh Thapliyal,...