Allahabad High Court Judge Recuses From Hearing PIL Seeking Expeditious Filling Of Judicial Vacancies In HC

Allahabad High Court Judge, Justice Mahesh Chandra Triptahi, today recused himself from hearing a Public Interest Litigation (PIL) plea seeking a direction for the timely and expeditious filling of all the current judicial vacancies in the High Court in a time-bound manner. The matter will now be heard in July. The PIL plea, filed in March this year, states that HC is "facing...

[Arbitration Act] S.37 Not An Efficacious Alternate Remedy After Rejection Of Plea U/S 34 Seeking Enhanced Compensation: Bombay High Court

The Division Bench of Bombay High Court comprising Justices Jitendra Jain and M.S. Sonak allowed writ petitions seeking enhanced solatium under National Highways Act, 1956 in view of the decision of the Supreme Court in Union of India v Tarsem Singh and Ors. While doing so the Court rejected the argument of the Respondent that the petitions ought to be dismissed as the Petitioners...

Rise In Property Frauds With NRIs 'Disturbing', Affects Public Trust In State's Real Estate Ecosystem: Punjab & Haryana High Court

The Punjab and Haryana High Court has expressed concern over the growing number of property fraud cases against Non-Resident Indians (NRIs), terming it a “disturbing trend."While refusing to grant pre-arrest bail to accused persons who allegedly sold the property of an NRI by impersonating the owner, Justice Harpreet Singh Brar said, "This case is yet another example of a disturbing trend...

Companies Or Firms Can Invoke S.14(1)(e) Of Delhi Rent Control Act To Evict Tenant For Bonafide Use: High Court Answers Reference

The Delhi High Court has made it clear that Section 14(1)(e) of the Delhi Rent Control Act 1958 is not confined to eviction of tenants for bona fide use by a man or a woman and it includes a tenant who is a juristic entity or any other entity such as a firm, company, etc.A division bench of Justices Prathiba M. Singh and Anish Dayal reasoned that the core of the landlord-tenant relationship...

Delhi High Court Grants Bail To Murder Accused To Undergo Surgery, Asks Him To Mark Attendance By Video Calling IO

The Delhi High Court recently granted medical bail to a murder accused seeking to undergo laser surgery for Varicose Veins, subject to his marking attendance with the Investigating Officer on video calls.Ordinarily, those on bail are required to visit the jurisdictional police station in person to mark their attendance with the IO.However, while setting out the conditions for bail in this...

PNDT Act | Complaint Not Made By Appropriate Authority Against Diagnostic Centre Vitiates Conviction: Punjab & Haryana High Court

The Punjab & Haryana High Court has set aside the conviction order passed in 2008 under Pre-Conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PC and PNDT Act) after finding that the complaint against the diagnostic centre was not made by the appropriate authority.According to Section 17 of PC and PNDT Act, the complaint can be made by the...

Right To Speedy Trial Not An 'Illusory Safeguard', Personal Liberty Can't Be 'Whittled Down' In MCOCA Cases: Delhi High Court

Emphasizing that the right to speedy trial is not an illusory safeguard, the Delhi High Court has said that personal liberty cannot be whittled down merely because the case is under Maharashtra Control of Organised Crime Act, 1999 (MCOCA).“The right to a speedy trial, now firmly entrenched in our constitutional jurisprudence under Article 21 of the Constitution of India, is not an abstract...

Rajasthan High Court Overturns Order Directing Industrial Training Colleges Established Prior To 2018 To Furnish ₹50,000 Bank Guarantee

The Rajasthan High Court allowed 139 appeals by Industrial Training Institutes (ITIs) setting aside a single judge's order, ruling that ITIs governed under the Apprentices Rules, established/recognized prior to 2018 academic year were not required to furnish performance bank guarantee of Rs. 50,000 per unit.The division bench of Justice Shree Chandrashekhar and Justice Chandra Shekhar Sharma...

Section 377 IPC Can't Be Applied To Prosecute Husband In Marital Relationship: Delhi High Court

The Delhi High Court has ruled that in a marital relationship, Section 377 of Indian Penal Code, 1860, cannot be applied to criminalise non-penile-vaginal intercourse between a husband and wife.“Such an interpretation would be in line with the reasoning and observations of the Hon'ble Supreme Court in Navtej Singh Johar (supra),” Justice Swarana Kanta Sharma said. The Court observed that...

'Age Wasn't Proven': Madras High Court Acquits Father & Priest Accused Of Molesting Minor Under POCSO, Charges Them Under IPC

The Madras High Court recently acquitted a father and a priest who were accused of molesting a minor girl under different circumstances. While acquitting the petitioners (accused) under the Protection of Children from Sexual Offences Act, the court noted that the date of birth certificate issued by the headmistress was not in the nature of any public or official register. The bench...

Delhi High Court Rejects Vantara's Contempt Plea Seeking Deletion Of Himal Southasian Article On Ill-Treatment Of Elephants

The Delhi High Court has dismissed a contempt petition filed by Anant Ambani led Vantara, seeking deletion of an article published on online platform Himal Southasian alleging ill-treatment and transfer of elephants. Justice Anish Dayal rejected the plea filed by Greens Zoological Rescue and Rehabilitation Centre Society and Greens Zoological Rescue and Rehabilitation Centre Society...

Can Centre Extend CAT Jurisdiction Over J&K Universities? Kashmir University Scientist Challenges Notification Before High Court

The Jammu & Kashmir and Ladakh High Court has issued notice in a writ petition filed by a former Scientist D at the University of Kashmir, challenging a Central Government notification that brought J&K universities within the jurisdiction of the Central Administrative Tribunal (CAT). The petition raises critical constitutional questions about federalism, legislative powers, and...