Hindu Marriage Act Applies To Jain Community: Madhya Pradesh High Court Quashes Family Court Order Rejecting Divorce

While setting aside a Family Court order, the Madhya Pradesh High Court clarified that even though Jain community is recognized as a minority community vide a central government notification, it would be governed by the provisions of Hindu Marriage Act after noting that the marriage rituals are similar. In doing so the court observed that the notification recognizing Jain community as a...

Bombay HC Directs Pollution Control Board To Hear Merchants' Representation On Charcoal Use In Bakeries Before Issuing Show Cause Notices

The Bombay High Court has directed the Maharashtra Pollution Control Board (MPCB) to grant a Charcoal Merchants Association an opportunity to be heard regarding the show cause notice being issued to various bakeries for using charcoal. A division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik asked the MPCB to hear the association before issuing any show-cause notices against the...

Dismissed Police Officer Not Entitled To Pension Despite Long Service: P&H HC

Punjab and Haryana High Court: A single judge bench of Justice Jagmohan Bansal dismissed a petition seeking pensionary benefits for a dismissed police officer. The court held that under Punjab Civil Services Rules and Punjab Police Rules, an employee dismissed from service is not entitled to pension regardless of length of service. The court clarified that Rule 2.5 of Punjab Civil...

Madras High Court Bench Which Questioned ED Action Recuses From Hearing Plea Against TASMAC Raids

Two judges of the Madras High Court have recused from hearing the petitions filed by the Tamil Nadu Government and the TASMAC against the searches conducted by the Enforcement Directorate in the latter's headquarters on March 6th and March 8th this year.On Tuesday (25th March) division bench of Justice MS Ramesh and Justice N Senthilkumar informed that it was recusing from hearing the...

Availability Of Drug For Rare Diseases At Economical Prices Material Factor To Be Considered Before Restraining Via Interim Injunction: Delhi HC

The Delhi High Court has observed that availability of a drug for treatment of rare diseases at economical and competitive prices is a material factor to be considered for grant of interim injunction in an intellectual property right (IPR) lawsuit. “A drug which is the only one available for treatment in India, for a rare disease, its availability to the public at large at very economical...

Legal Education Rules Framed By BCI Not In Consonance With Advocates Act: Law College Tells Bombay High Court In Plea Opposing Inspection

The Bombay High Court on Monday, reserved its judgment in a petition filed by a law school against an inspection notice issued by the Bar Council of India (BCI).The petition filed in 2019 by Nathibai Damodar Thackersey Women's University Law School challenged the notice issued by the BCI for inspection of the college. The petitioner objected to the notice and argued that BCI does not have...

X Corp Tells Delhi High Court That It Can't Be Compelled To Onboard SAHYOG Portal, Says It Has Own Mechanism To Take Down Unlawful Content

X Corp. (formerly Twitter) has told the Delhi High Court that it cannot be compelled to come on SAHYOG portal, which has been developed to bring together all authorized agencies and social media intermediaries on one platform for ensuring immediate action against unlawful online information. The portal aims at achieving a clean cyber space for Indian citizens by automating the process of...

Bandhavgarh Tiger Reserve: MP High Court Asks State To Explain How Private Resort's Safari Vehicles Are Operating Beyond Roster System

The Madhya Pradesh High Court has asked the State to clarify that which government policy or National Tiger Conservator Authority (NTCA) guideline has permitted a private resort inside the Bandhavgarh Tiger Reserve to operate its tourist/safari vehicles beyond the specified roster system laid down by NTCA. The court was hearing a plea challenging a March 1 order passed by the reserve's...

Bombay HC Quashes FIR Against Retd Professor Who Sent Obscene Message To Female Colleague, Claiming To Be Suffering From 'Mental Illness'

The Bombay High Court last week quashed a stalking case against a retired professor, who sent an 'obscene and objectionable' message to a female colleague, after noting that the accused was suffering from 'mental imbalance.'A division bench of Justices Sarang Kotwal and Shriram Modak noted that the complainant woman, too have given her consent to quash the First Information Report (FIR) that...

'High-Handed' : Bombay High Courts Slams Nagpur Civic Body For Demolishing Homes Of Accused In Communal Violence

The Bombay High Court on Monday pulled up the Nagpur Municipal Corporation (NMC) for its 'high-handed' approach in razing the houses of the persons named as accused in the recent communal violence in the city.A division bench of Justices Nitin Sambre and Vrushali Joshi heard the petitions filed by one Jehrunissa Shamim Khan, mother of prime accused Fahim Khan, who apprised the bench of the...

Tenant Ordered To Pay Enhanced Rent Can't Be Burdened With Substantial Arrears Due To Delay In Proceedings: Kerala HC Calls For Reasonable Installments

The Kerala High Court observed that a tenant who is ordered to pay enhanced fair rent to the landlord cannot be burdened with the payment of a substantial amount in arrears due to delay in the completion of judicial proceedings.The Court referred to the decision in Irvin John Jayarajan and Others v. Madhavi alias Narayani Amma (2022) held that the time limit of four months prescribed...

Commissioner Under Order 26 Rule 9 CPC Should Only Be Appointed When Evidence Presented By Parties Is Insufficient To Resolve Dispute: J&K High Court

The Jammu and Kashmir High Court held that a Commission under Order 26 Rule 9 CPC could be issued only when the trial court is unable to decide the controversy based on the evidence placed by the parties.The court noted that a Commissioner under Order 39 Rule 7 CPC is appointed for inspection purposes, while a Commissioner under Order 26 Rule 9 CPC is meant for investigation to elucidate...