'Disgusting That No Progress Made Till Now': Allahabad HC Seeks DGP's Affidavit In Missing Varanasi Man's Case

Almost a week after it passed a strongly worded order criticizing the state police officials for evading their duty to receive and address public grievances, the Allahabad High Court has now directed the newly-appointed Director General of Police (DGP), IPS Rajeev Krishna, to file an affidavit in connection with the case of a missing 21-year-old man from Varanasi. A bench...

Kerala Paddy Land Act | Magistrate Can't Order Interim Custody Of Seized Vehicles Which Are Handed Over To Collector: High Court

The Kerala High Court has held that a Magistrate Court is not empowered to rule on interim custody of vehicles seized under the Kerala Conservation of Paddy Land and Wetland Act 2019, if the vehicles were handed over to District Collector.Justice V.G. Arun conceded that through prior decisions it has been settled that the jurisdictional Magistrate has the power to order interim custody....

Payment Of Gratuity Act Overrides Other State Pension Rules: Bombay HC

Bombay High Court: A single judge bench of justice MS Jawalkar held that the Payment of Gratuity Act, 1972 ('Act'), prevails over the Maharashtra Civil Services (Pension) Rules, 1982 ('MCS Rules'), unless a specific exemption is provided under Section 5 of the Act. The court clarified that the mere pendency of proceedings or any minor punishment under the latter, cannot justify...

Not Mandatory To Accept Application For Extension Of Time To File Written Statement Filed Within 120 Days: Karnataka High Court

The Karnataka High Court has said that in commercial disputes, the filing of written statements under Order VIII Rule 1 of the Code of Civil Procedure cannot be permitted beyond the limitation period of 120 days.The court also rejected the argument of the petitioner that if the defendants had filed an application seeking extension of time before the expiry of 120 days, it should have...

Allahabad High Court Dismisses Petition Challenging Election Of BJP MLA From Tundla

The Allahabad High Court recently dismissed a petition challenging the election of Bharatiya Janata Party (BJP) MLA Prem Pal Singh Dhangar from the Tundla assembly seat of the state's Firozabad district. A bench of Justice Rohit Ranjan Agarwal dismissed the plea filed by Prem Pal Singh on the ground of non-disclosure of material facts while filing the election petition. In brief,...

Meghalaya High Court Calls For State's Response In Plea Raising Objections To Operation Of Weighbridges Across State

The Meghalaya High Court recently asked the State Government to file a Counter Affidavit regarding the allegations made in a PIL raising various issues about operation of weighbridges across the State of Meghalaya. The division bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh further asked the State Government to take actions terms of the said allegations, if found by it...

Karnataka High Court Weekly Round-Up: June 09 - June 16, 2025

Citation No: 2025 LiveLaw (Kar) 200 to 2025 LiveLaw (Kar) 204Nominal Index:Karavali Bus Owners Association & Others AND Union of India & Others. 2025 LiveLaw (Kar) 200Taha Husain AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 201.A V Poojappa AND Dr S K Vagadevi. 2025 LiveLaw (Kar) 202M/S SAPTHAGIRI SHELTERS AND State of Karnataka & Others. 2025 LiveLaw (Kar) 203Manjunath...

Claim For Seniority Not Maintainable When Transfer Order Expressly Forfeits Prior Service: Himachal Pradesh High Court

Himachal Pradesh High Court held that a claim for seniority can't be sustained, where the terms of transfer clearly provide that previous service will not be counted for seniority purpose.Justice G.S. Sandhawalia and Justice Ranjan Sharma: “Once the condition provided that earlier seniority would be forfeited, the claim for seniority in future could not have been made. If such a course...

'Ziyarat' That Qualifies As “Wakaf By User” Needs No Formal Declaration To Be Treated As Wakaf: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held that a Ziyarat (shrine), Dargah, or other religious property that qualifies as a "Wakaf by user" under Section 3(d)(i) of the Jammu & Kashmir Wakafs Act, 1978, does not require a formal declaration or notification to be treated as Wakaf.The Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar thus dismissed...

[Motor Accident Claims] Crossing Road Outside Zebra-Crossing Not 'Contributory Negligence' On Part Of Victim: Delhi High Court

The Delhi High Court has reiterated that a pedestrian in an accident cannot be held responsible for contributory negligence merely because he was crossing the road from a place other than the Zebra crossing.In doing so, Justice Amit Mahajan relied on Gaytri Devi v. New India Assurance Co. Ltd. (2024) where a coordinate bench held that “even if there was no Zebra Crossing, there can be...

Gauhati High Court Directs Temporary Music Teacher To Seek Governor's Discretionary Powers For Qualifying Her Service For Pension

Gauhati High Court: A single judge bench of Justice Robin Phukan dismissed the petition for regularisation filed by a temporary music teacher, after serving for 18 continuous years. The court held that the claim was barred by res judicata as it was already adjudicated previously. However, the court provided another remedy: to approach the Governor to invoke discretionary powers under...

Telangana High Court Upholds Kothagudem MLA Election, Says Disclosing Spouse Name In Affidavit Not Mandatory

The Telangana High Court has upheld the election of CPI's Kunamneni Sambasiva Rao in 2023, as MLA from the Kothagudem Assembly Constituency, which was challenged on the ground that he failed to disclose his wife's name in Form 26 Affidavit.Justice K Lakshman thus dismissed the Election Petition filed by a resident by relying on Union of India v. Association for Democratic Reforms (2002) where...