High Courts
Calcutta High Court Seeks Report On 'Cataract Eye-Surgery' At Govt Hospital Which Led To Alleged Loss Of Vision
The Calcutta High Court has sought a report from the State government on a cataract eye-surgery at the State General Hospital, which allegedly led to the patient complaining of a loss of vision in their eyes.Justice Amrita Sinha directed: "Learned Additional Government Pleader representing the State is directed to obtain necessary instruction and file a report before this court in respect of...
Merely Mentioning Wrong Sub-Section In Chargesheet Doesn't Render Entire Investigation Illegal: Orissa High Court
The Orissa High Court has held that merely mentioning a wrong sub-section in the charge-sheet will not render an entire investigation a nullity/illegal. While deciding the effect of such trivial error on the criminal proceedings, Justice Savitri Ratho held –“In view of Section 193(9) of the BNSS, merely because a wrong sub section has been mentioned in the charge sheet i.e. Subsection...
BJP's Suvendu Adhikari Moves Calcutta High Court Challenging Notification Prohibiting Entry Of Central Security Forces Into WB Assembly
West Bengal Leader of Opposition Suvendu Adhikari and the Chief Whip of the BJP have moved the Calcutta High Court challenging a notification issued by the Speaker of the State Legislative Assembly prohibiting the entry of Central Security Forces into the premises of the Assembly over certain incidents which had occurred on the porch of the assembly.Reportedly, on 6th May, when...
Rajasthan Minor Minerals Rules | Rajasthan High Court Upholds Constitutional Validity Of Penalty Imposed For Extension Of LOI Under Rule 16(2)
Upholding the constitutional validity of the Proviso 3 to Rule 16(2) (“the Provision”) of the Rajasthan Minor Mineral Concession Rules, 2017 (“2017 Rules”) Rajasthan High Court ruled that once the rule was held to be constitutionally and statutorily valid, any action by the State in furtherance thereof could not be faulted merely on grounds of hardship or inconvenience.The...
Once Arbitration Commences After Failure Of Conciliation Under MSME Act, It Cannot Be Reinitiated By Halting Arbitration: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that once arbitral proceedings commenced under Section 18(3) under the MSME Act, the process could not be reversed to reinitiate pre-arbitral conciliation. The Council did not do so either. It was only at the petitioner's request that additional avenues for mutual settlement were explored alongside the...
S.170 BNSS Confers 'Limited Preventive Jurisdiction' On Executive Magistrate, Can't Continue Incarceration Punitively: Rajasthan High Court
The Rajasthan High Court recently noted that Section 170 of the BNSS conferred “limited preventive jurisdiction” to the Executive Magistrate and that such preventive action was not a tool for punitive action or a substitute for criminal procedure. Section 170 of BNSS empowers a police officer to arrest a person without a warrant if they have knowledge of a potential commission...
Bombay High Court Upholds Arbitral Award Against BCCI, Directs Payment Of ₹538.9 Crore To Defunct IPL Franchise Kochi Tuskers Kerala
The Bombay High Court has upheld an arbitral award granting damages amounting to 538.9 crore to Kochi Cricket Private Limited ("KCPL”), the parent company of defunct IPL franchise Kochi Tuskers Kerala.It was held that the Court cannot act as a Court of First Appeal and delve into a fact-finding exercise by revisiting and re-appreciating the record and accepting competing interpretations...
MP High Court Issues Notice To Centre, State On PIL Concerning Unauthorised Use Of Govt Tribal & SC Girls Hostel By Kendriya Vidyalaya
The Madhya Pradesh High Court has issued notice to Union and State Government in a PIL concerning violation of privacy of girls residing in Government Senior Tribal Girls hostel and Government Senior Girls SC hostel, Jabalpur.As per the plea, a government school is being run inside the premises of the girls' hostel.The Court has also issued notice to Deputy Commissioner and Assistant...
MV Act | Married Daughters Of Deceased Entitled To Compensation For Loss Of Consortium, Not For Loss Of Financial Dependency
Himachal Pradesh High Court held that under the Motor Vehicles Act, compensation for loss of income is only awarded to family members who were financially dependent on the deceased. However, married daughters, though not financially dependent on their father, are still entitled to compensation under the head of loss of consortium.Justice Vivek Singh Thakur: “The dependent legal heirs,...
'Sentence Hearing Not Mere Formality': Orissa High Court Expresses Concern Over Conviction & Imposition Of Death Penalty On Same Day
The Orissa High Court has expressed concern over trial Court recording conviction, holding hearing on the question of sentence and ultimately, imposing the extreme sentence of death on a single day, without affording any 'meaningful opportunity' to the accused to present relevant mitigating circumstances in his favour.While allowing two death-row convicts to highlight 'mitigating factors'...
After Bombay High Court Intervenes, Housing Society Agrees To Remove Bouncers Appointed To Prevent Stray Dog Feeders
The Bombay High Court recently accepted the statement made by a housing society in Mumbai that it will remove bouncers, allegedly appointed for harassing members of the society, who fed street dogs in the society premises.A division bench of Justices Girish Kulkarni and Arif Doctor noted that by detailed orders passed on March 27 and March 28, 2023 and April 24, 2023, the society's committee...
Bombay High Court Weekly Round-Up: June 02 - June 08, 2025
Nominal Index [Citations: 2025 LiveLaw (Bom) 202 to 2025 LiveLaw (Bom) 205]Maharashtra Industrial Development Corporation vs Union Bank of India, 2025 LiveLaw (Bom) 202Hanuman Maruti Mandir Deosthan Trust vs Vina Yogesh Doke, 2025 LiveLaw (Bom) 203Hemang Jadavji Shah vs State of Maharashtra, 2025 LiveLaw (Bom) 204Alka Shrirang Chavan vs Hemchandra Rajaram Bhonsale, 2025 LiveLaw...