High Courts
Madhya Pradesh HC Upholds Order Rejecting Migrant Candidate's Nomination Form On Ground Of Not Submitting State Caste Certificate
The Madhya Pradesh High Court upheld a district court order which rejected a mayoral candidate's election petition–who migrated from Rajasthan–on the ground that her nomination papers were rightly dismissed by the electoral officer as she did not submit caste certificate issued by the competent authority of the state. In doing so the court relied on a circular issued by the state's...
Family Courts Are Governed By General Principles Of Delay & Laches, Not By Strict Provisions Of Limitation Act: Orissa HC
The Orissa High Court has ruled that the Family Courts are not governed by rigid limitation periods prescribed under the Limitation Act, 1963, rather the general principles of delay and laches apply to their adjudications.The Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash further held that disputes relating to 'marital status' of parties is a 'continuing cause...
Allahabad High Court Stays Criminal Proceedings Against AMU Student Booked Over Anti-CAA Protests In 2020
The Allahabad High Court last week stayed the entire criminal proceedings against a 25-year-old student of the Aligarh Muslim University (AMU) who is facing a 2020 FIR on the allegations of raising slogans during the CAA-NRC protests and thereby disobeying a public servant's order. The petitioner, Misbah Qaiser, a B.Arch. Student at the university had been booked under Section...
Uttarakhand HC Stays Enforcement Directorate's Order To Provisionally Attach Property Worth ₹70 Crore Linked To Congress Leader
The Uttarakhand High Court last week stayed an order issued by the Enforcement Directorate (ED) to provisionally attach approximately 101 Bighas of land, worth over ₹70 crore, which is linked to former minister and Congress leader Harak Singh Rawat. The ED took this action in January this year under the Prevention of Money Laundering Act (PMLA) 2002, claiming that the registered...
Limitation Cannot Be Decided As Preliminary Issue Without Recording Whether It Is A Mixed Question Of Law And Fact: Bombay High Court
The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that an arbitrator is not permitted to decide the issue of limitation as a preliminary issue without first recording a finding as to whether it is a mixed question of law and fact that requires evidence to be led. It further held that if such a finding is not recorded and the issue is...
Accused Cannot Be Put Under Preventive Detention On Grounds That Releasing Him On Bail Affects Public Confidence: J&K High Court
The Jammu and Kashmir High Court held that mere fact that a person has secured bail from the court cannot be grounds for imposing preventive detention on the pretext of an apprehension that enlargement of the detenu will have an impact upon public faith. The respondents had argued that that since detenu “managed” to get bail in the said case showing that normal law has...
Bombay High Court Monthly Digest – March 2025
2025 LiveLaw (Bom) 80 to 2025 LiveLaw (Bom) 122Nominal Index:Priyanka Bannerji vs State of Maharashtra, 2025 LiveLaw (Bom) 80Madhabi Puri Buch vs. State, 2025 LiveLaw (Bom) 81Avinash Dhavji Naik & Anr vs. State of Maharashtra & ors., 2025 LiveLaw (Bom) 82Devendra Patil vs State of Maharashtra, 2025 LiveLaw (Bom) 83Sachin Hindurao Waze vs. Union of India, 2025 LiveLaw (Bom) 84Kartik...
Supreme Court Colleguim Recommends Appointment Of P&H HC Judge Justice Arun Palli As Chief Justice Of J&K&L HC
Supreme Court Colleguim on Saturday recommended appointment of Justice Arun Palli, Judge, High Court of Punjab & Haryana, as Chief Justice of High Court of Jammu & Kashmir and Ladakh.Justice Palli was designated as a Senior Advocate on April 26, 2007. He served as Amicus Curiae in various contentious matters before the High Court, addressing diverse subjects and legal propositions...
Not An Illegal Migrant, Can't Be Left Stateless: Bombay HC Asks Authorities To Decide Citizenship Plea Of Woman Living In India For 60 Yrs
The Bombay High Court recently ordered the Deputy Collector of Mumbai to decide an application filed by a septuagenarian 'Stateless' woman, who has sought Indian Citizenship after spending 60 years in the country. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the petitioner Ila Popat–born in September 1955–had entered India along with her...
Rule Of Law Is A Constitutional Pillar, Allowing State To Breach Contracts Would Make It Ineffective: P&H High Court
The Punjab & Haryana High Court said that if state authorities are allowed to breach contracts, then the rule of law, which is a constitutional pillar, will become ineffective.Justice Sureshwar Thakur and Justice Vikas Suri said, "if there is yet an endowment of permissibility to State or its agencies to renege from the apposite contractual promises, or if the State agencies are not...
Punjab & Haryana HC Disposes Plea Challenging Demolition Notice Allegedly Issued To NDPS Accused After State Assures No Coercive Action
The Punjab & Haryana High Court disposed of plea challenging notice wherein an accused under NDPS Act was allegedly given 15 days time to appear and submit defence to prove that her house was not in violation of Punjab Building By laws.It was alleged that FIRs were registered against the petitioner under the NDPS Act, and therefore, due to the Punjab Government's drive to demolish...
