High Courts
Delhi High Court Sets Aside Centre's Order Cancelling Academic Ashok Swain's OCI Card
The Delhi High Court on Friday (March 28) set aside an order issued by the Central Government cancelling the OCI card of academic and writer Ashok Swain.Justice Sachin Datta said that the concerned authority would be at liberty to pass a fresg order as it thinks fit after considering the reply or explanation, if any, furnished by Swain.”Needless to say, once such an order is passed,...
Service Charge Is Voluntary Payment By Consumers, Can't Be Made Mandatory On Food Bills: Delhi High Court
The Delhi High Court on Friday held that service charge and tips are voluntary payments by consumers and cannot be made compulsory or mandatory on food bills by restaurants or hotels.Justice Prathiba M Singh thus rejected two petitions filed by Federation of Hotels and Restaurant Associations of India (FHRAI) and National Restaurant Association of India (NRAI), challenging CCPA guidelines of...
Parallel Proceedings U/S 145 Of CrPC Are Unsustainable When Civil Suit Concerning Same Property Is Already Pending: Patna HC
The Patna High Court has held that parallel proceedings under Section 145 of the Cr.PC are unsustainable when a civil suit concerning the same property is already pending, and that an attachment order under Section 146(1) Cr.PC requires an “emergent situation” which is more than a mere apprehension of breach of peace.Justice Jitendra Kumar observed, “It is also pertinent to point out...
"Statutory Obligation To Hold Periodic Student Union Elections": Calcutta HC Calls For State's Stand On Conducting Polls Across Varsities
The Calcutta High Court has called for an affidavit from the state government on the future roadmap for conducting student elections across universities in West Bengal. The court noted that such elections had been statutorily mandated to be held at fixed durations.A division bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee (Das) made these observations in a plea challenging...
'What Is Your Explanation Of Not Giving Public Apology?': Delhi High Court Asks Saket Gokhale In Defamation Case By Lakshmi Puri
The Delhi High Court on Friday asked Trinamool Congress MP Saket Gokhale as to what was his explanation of not issuing a public apology, as directed by the Court in the defamation suit filed against him by Lakshmi Puri, former Indian Assistant Secretary-General to the United Nations. Justice Manmeet Pritam Singh Arora asked Gokhale's counsel that since there was no stay of the judicial...
CMRL Scam: Kerala High Court Rejects Pleas Seeking Probe Into Bribery Allegations Against CM Pinarayi Vijayan, Daughter Veena
The Kerala High Court today (March 28) dismissed two revision petitions challenging the Vigilance Court orders refusing to order probes into corruption allegations against Chief Minister Pinarayi Vijayan, his daughter and other public functionaries of the State.Justice K. Babu ordered, "Criminal revision petitions stand dismissed."The revision petition was filed by Gireesh Babu (since...
Calcutta HC Calls For Circular On Use Of Barricades On National Highways, Suggests Illumination & Warnings To Avoid Mishaps
The Calcutta High Court has called upon the state government to issue guidelines on the use of barricades on national highways in the state in an attempt to reduce the number of accidents caused by speeding cars colliding with stationary barricades.A bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee Das was approached by the petitioners represented by senior counsel who claimed...
Penalty Under RTI Act Cannot Be Imposed Without Notifying Responsible Officer: Jharkhand HC Sets Aside ₹25k Fine On Addl Dy Commissioner
The Jharkhand High Court has held that a penalty under Section 20(1) of the Right to Information Act, 2005, cannot be imposed without first issuing notice to the officer actually responsible for the delay in furnishing information.Justice Sujit Narayan Prasad, setting aside a ₹25,000 penalty imposed on Ganesh Kumar, the then Additional Deputy Commissioner of East Singhbhum, said, “for...
BNSS & BSA Grant Discretion To Summon, Examine Witnesses Allowing Trial Courts To Determine How To Proceed In PMLA Cases: Kerala High Court
The Kerala High Court has held that Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshiya Adhiniyam (BSA) grant discretion in the manner for summoning and examining witnesses, allowing the Trial Court to determine whether to proceed with the PMLA trial or to keep it in abeyance until the predicate offence trial is concluded.A division bench of Justice A.Muhamed Mustaque and Justice...
Calcutta High Court Orders Police Picket Outside Rabindra Bharati University Over Protest By Dismissed Employees
The Calcutta High Court has directed police presence outside Shantiniketan's Rabindra Bharati University campus to ensure the safe ingress and egress of officials in a plea seeking police assistance outside the campus due to an ongoing protest by dismissed employees of the university.Justice Jay Sengupta held: Even if the dismissed employees or others want to protest, the same has to be in...
Dismissal Is Last Resort; Disciplinary Authorities Must Consider Lesser Penalties Before Extreme Punishment: Chhattisgarh HC
Chhattisgarh High Court: A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal set aside the compulsory retirement of a police constable, finding the punishment to be disproportionate. The court held that disciplinary authorities must consider lesser punishments provided under Regulation 226 of the Police Regulations before imposing major...
Different Approach Must Be Adopted In Bail Pleas Arising Out Of Corruption Cases Of Huge Magnitude: J&K HC Denies Bail To Chief Engineer
The Jammu and Kashmir High Court held that while determining a bail application, the severity of the punishment is an important but not the only factor; the court must also consider the nature and gravity of the offence with which the applicant is charged.The court said that the allegations were not of an ordinary kind and fell under a different league. The case involved corruption...