High Courts
Rajasthan High Court Refuses To Interfere With Bulldozer Action On Encroachments Over Catchment Area Of Ummed Sagar Dam
Dismissing a bunch of petitions filed by the alleged encroachers of the catchment area of the Ummed Sagar Dam against State's action of dispossession, the bench of Justice Sunil Beniwal at the Rajasthan High Court held that no possession over land forming part of water body could be regularized.The petitioners were residing on Khasra No. 5 at Chopsani Jagir for past 15 to 20 years. Pursuant to...
Unsubstantiated Sexual Harassment Allegation Against Husband, Father-in-Law Amounts To Mental Cruelty: Madras High Court
While granting divorce to a husband, the Madras High Court recently observed that making unsubstantiated sexual allegations against husband and father-in-law amounts to defamation which in turn constitutes mental cruelty. The bench of Justice J Nisha Banu and Justice R Sakthivel held as under, “As elaborated above, the unestablished sexual allegations made by the respondent...
Treaty Provisions Don't Override Customs Law: Bombay High Court Upholds SCN Issued For Alleged Misuse Of Import Exemptions
The Bombay High Court stated that treaty provisions don't override customs law and upheld the show cause notices issued for alleged misuse of import exemptions. The Bench consists of Justices M.S. Sonak and Jitendra Jain observed that based on a treaty provision that is not transformed or incorporated into the national law or statute, the provisions of the existing Customs Act...
'Not Stereotyped Allegations': Delhi High Court Denies Bail To Man Accused Of Swapping Wife With His Friends
The Delhi High Court has refused to grant bail to a man booked for compelling and swapping his wife with his friends for sexual activities.Stating that the case does not reflect “stereotyped matrimonial dispute allegations”, Justice Girish Kathpalia denied the relief in a 2024 FIR lodged under Sections 498A (Cruelty), 406 (Criminal Breach of Trust), 376 (Rape), 328 (Causing hurt...
Existence Of 'Gangs' In Prison With Access To Weapons Doesn't Reflect Well: Delhi High Court Criticises Jail Authorities Over Inmate's Death
The Delhi High Court recently took exception to the submission made by Tihar Jail authorities that it is not responsible for the death of an inmate following a clash between 'rival gangs' within the prison.Justice Harish Vaidyanathan Shankar observed that the State owes a duty to ensure the security of the general public, including persons who are incarcerated, and “The fact that, in...
Cash Credit Account Cannot Be Treated As Property Of Account Holder Which Can Be Considered U/S 83 Of GST Act: Bombay High Court
The Bombay High Court stated that cash credit account cannot be treated as property of account holder which can be consider under Section 83 of GST Act. The Division Bench of Justices M.S. Sonak and Jitendra Jain observed that the phrase 'including bank account' following the phrase, “any property” would mean a non-cash-credit bank account. Therefore, a “cash credit...
Madras High Court Criticizes Police For "Suppressing Dissent", Suo Moto Prosecuting Peaceful Protestors
The Madras High Court recently criticised the Tamil Nadu police for trying to suppress dissent by registering criminal cases against individuals who were peacefully protesting against issues that affected public health and social welfare. The court thus quashed criminal proceedings against individuals who had participated in protests against the functioning of a TASMAC outlet in a populated...
Assessing Officer Can't Act As Prosecutor, Judge And Executor At The Same Time: Himachal Pradesh High Court
Himachal Pradesh High Court held that the Assessing officer must provide the university a fair opportunity to present its case and can't take law in his own hand by acting as a Prosecutor, Judge and Executor at the same time.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “The Assessing officer took the law into his own hand and played as a Prosecutor, Judge and Executor at the...
Personal Choice To Prepare For Competitive Exams Does Not Entitle Extension Of Professional Course: Himachal Pradesh High Court
Himachal Pradesh High Court held that a student's personal decision to prepare for a competitive examination and not appear for semester examination does not entitle them to an extension of the of the prescribed timeline for completion of a professional course.Justice Ajay Mohan Goel: “The petitioner himself chose not appear in the MBA 4th Semester examination, as he intended to prepare...
In Interconnected Agreements, Use Of Word 'May' Does Not Defeat Clear Intention To Arbitrate In Main Agreement: Telangana High Court
The Telangana High Court bench of Justice K. Lakshman has held that in case of interconnected agreements, where the mother agreement clearly and unequivocally refers the disputes to arbitration, mere use of 'may' in the arbitration clause of one of the ancillary agreements will not defeat the intention to arbitrate. Brief Facts: This application has been filed under section 11(6)...
Dependent Siblings, Their Children Not Ousted From Seeking Benefits Under Delhi Victims Compensation Scheme 2018: High Court
The Delhi High Court has made it clear that siblings, married or unmarried or the children of such siblings, are not ipso facto disentitled from claiming compensation under the Delhi Victims Compensation Scheme, 2018 (DVCS).Justice Harish Vaidyanathan Shankar held that though the definition of “Dependent” under Clause 2(b) of the DVCS does not include “siblings” however, given...
Happy That Kochi Is Not Flooded, But Efforts To Deal With Impediments Need To Be Continued In Future: Kerala High Court
The Kerala High Court today said that while it was pleased to hear that Kochi had not been flooded this monsoon season, efforts to contain the same need to be continued in the future.Justice Devan Ramachandran during the hearing orally remarked that, "I am happy that the city is not flooded."The Court further noted that the Amicus curiae has submitted that the city of Kochi witnessing heavy...