Mutation | Tehsildar Can't Relegate A Person To Civil Court To Seek Declaration That He Is Legal Representative Of Deceased Owner: MP High Court

The Indore Bench of Madhya Pradesh High Court has held that Tehsildar cannot relegate a person to Civil Court to seek declaration that he is the legal representative of the deceased property owner, to get his name mutated.A single judge bench of Justice Pranay Verma observed, “There is no requirement for the applicant to seek any declaration from the Civil Court that he is the...

Kerala High Court Weekly Round-Up: February 03 - 09, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 74 – 91]Sneha Vijayan v State of Kerala, 2025 LiveLaw (Ker) 74State of Kerala v Pradeepkumar A.V, 2025 LiveLaw (Ker) 75Biju Abraham and Another v State of Kerala, 2025 LiveLaw (Ker) 76Ciby George v District Collector & Connected Cases, 2025 LiveLaw (Ker) 77Shuaib A. S. v State of Kerala and Another, 2025 LiveLaw (Ker) 78Sooryanarayanan v State...

Allahabad High Court Extends Stay On Mohammed Zubair's Arrest Till February 17 In Yati Narsinghanand 'X' Post Case

Today, the Allahabad High Court extended the stay on the arrest of Alt News co-founder Mohammed Zubair until February 17 in connection with an FIR against him over his alleged X Post 'X' (formerly Twitter) on Yati Narsinghanand.A bench of Justice Siddhartha Varma and Justice Yogendra Kumar Srivastava extended the relief.On January 16, the State Government sought time to verify the averments...

Ratan Tata Is Well-Known Personal Name, Needs To Be Protected From Unauthorised Use By Third Party: Delhi High Court

The Delhi High Court has said that the name of industrialist Ratan Tata is a “well- known personal name or trademark” which needs to be protected from any unauthorised use by any third party.Justice Mini Pushkarna ruled in favour of Ratan Tata Trust in a suit filed against a journalist- Dr. Rajat Srivastava, alleging that the latter was unauthorisedly using Ratan Tata's name to host an...

Govt Can't Impose Compulsory Service Bond On Students Midway Through Course, 'Legal Certainty' Proscribes Unforeseen Obligations: Kerala HC

The Kerala High Court has ruled that government cannot insist students to execute bonds for compulsory service midway through their course. The Court further stated that the government should have informed the students about the compulsory service before admitting them to the program and cannot impose the execution of such bond agreements midway through their studies.The Court passed the...

Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC

In a plea challenging the imposition of Rs. 25,000 cost by the trial court in rejecting a litigant's review plea, the Gujarat High Court observed the trial court had not concluded that the review plea was "vexatious or false", underscoring that courts have power to impose costs for frivolous litigation but it should be reasonable. Taking note of the fact that the district court's registry...

Bald Allegations Against Investigating Officer Not Sufficient To Transfer Probe To Another Agency: Delhi High Court

The Delhi High Court has observed that transfer of investigation to another agency is only done in rare and exceptional cases where high officials of State authorities are involved.“Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that the investigating officer is mixed up with the accused....

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – January 2025

Supreme Court:Plea In Supreme Court Challenges BSA's Electronic Evidence & Confession Provisions And BNS SectionsCase Title: Vinod Kumar Boinapally Versus Union Of India And Ors., W.P.(Crl.) No. 40/2025 (and connected case)Former MP Vinod Kumar Boinapally has moved the Supreme Court challenging certain provisions of the BNS and the BSA, which replaced the erstwhile penal laws viz. the IPC...

AMU Student Moves Allahabad High Court Challenging FIR Over 'Objectionable' Speech Against University Administration

A Student of the Aligarh Muslim University (AMU) has moved the Allahabad High Court challenging an FIR lodged for rioting, wrongful restraint and other charges over alleged indiscipline and misconduct during demonstrations to restore students' union polls. The petitioner, Misbah Qaiser, a B.Arch. Student at the university has been accused of delivering objectionable speeches against...

Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate

Reaffirming the guidelines of a circular issued by the Ministry of Home that a woman's caste is determined by birth and not by marriage the Jammu and Kashmir and Ladakh High Court on Friday directed the authorities to take a decision on issuing a Scheduled Tribe (ST) category certificate to a woman who belongs to the Padri Tribe but had married a non-ST individual.Taking note of the...

Provisions Against Arrest Of Women At Night Are Directory, Not Mandatory: Madras HC Sets Aside Departmental Proceedings Against Police Officers

The Madras High Court recently observed that Section 46(4) of CrPC and Section 43(5) of the BNSS Act which prevents the arrest of a woman after sunset and before sunrise is directory and not mandatory. The bench of Justice GR Swaminathan and Justice M Jothiraman explained that the provisions did not provide the consequences of non-compliance of the requirement. The court observed that...

Arbitral Award Can't Have Specific Format; Reasoning Must Be 'Proper', 'Intelligible' And 'Adequate' : Madras High Court

The Madras High Court bench comprising Justice K. .R. Shriram (Chief Justice) and Justice Senthilkumar Ramamoorthy have observed that an arbitral award does not have to follow any specific format; just as every judge writes their judgment in a particular style, arbitrators also write in different styles. The court also held that any ground which was not raised in a petition under...