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...

Penal Provisions Of Aadhaar Act Can't Be Applied Retrospectively In Absence Of Express Provision Due To Bar Under Article 20(1): Calcutta HC

The Calcutta High Court bench of Justice Uday Kumar has held that a close reading of the Aadhaar Act, 2016, reveals no provision allowing retrospective application. When there is no provision expressly making the Act retrospective in nature, applying it to the acts committed before the Act came into force would violate Article 20(1) of the Indian Constitution. The State's reliance on the detection in 2016 that is after the Act came into force of the alleged offence is misplaced, as the relevant...

Mere Passage Of Time Does Not Bar Arbitration If Arbitration Clause Remains Valid & Enforceable: Telangana High Court

The Telangana High Court bench of Justice K Lakshman has held that mere passage of time does not bar arbitration if the arbitration clause remains valid. The Limitation for the purpose of filing the application under section 11(6) of the Arbitration Act commences from the date when request for initiating arbitration is rejected. Brief Facts: This application has been filed...

Madras High Court Weekly Round-Up: June 9 - June 15, 2025

Citations: 2025 LiveLaw (Mad) 192 To 2025 LiveLaw (Mad) 200 NOMINAL INDEX Lyca Productions Private Limited v Vishal Krishna Reddy, 2025 LiveLaw (Mad) 192 A Shankar @ Savukku Shankar v. The Director, CBI, 2025 LiveLaw (Mad) 193 V Easwaran v. Government of Tamil Nadu, 2025 LiveLaw (Mad) 194 G Devarajan V The Special Tahsildar and Others, 2025 LiveLaw (Mad) 195 Karthik...

Mere Medical Evidence Of Sexual Intercourse Insufficient To Convict For Rape, Direct Evidence Must Connect Accused To Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that mere medical evidence confirming sexual intercourse is insufficient to establish guilt under the POCSO Act or rape charges. There must be direct or circumstantial evidence connecting the accused to the act, observed Justice Sanjay Dhar while quashing charges against one Basit Bashir, accused of kidnapping and sexually assaulting two...