High Courts
Removing Hospital From Residential Area Because It Increased Traffic Violates Fundamental Right To Trade: P&H High Court
The Punjab & Haryana High Court has said that the construction of the hospital cannot be challenged on the grounds that it has increased traffic influx in the area, especially when multi-level parking is planned by the State authority. Removing the hospital in this case would be violation of the fundamental right to trade and practice profession under Article 19(1)(g) of the Constitution...
"Farmers Cannot Be Made Debt-Ridden": Bombay High Court Quashes State Resolution Providing 'Delayed & Less' Fair Price To Sugarcane Farmers
In a major relief for sugarcane farmers in Maharashtra, the Bombay High Court on Monday (March 17) quashed and set aside a Government Resolution (GR) which provided for a 'delayed and less' Fair and Remunerative Price (FRP) to the farmers as it would affect them adversely. A division bench of Justices Girish Kulkarni and Advait Sethna held that the GR issued by the Maharashtra government...
Section 141 NI Act | Executive Director Can't Be Prosecuted For Cheque Dishonour If Company Isn't Made An Accused: Orissa HC Reaffirms
The Orissa High Court has reiterated that the Executive Director of a company is not vicariously liable and cannot be prosecuted under Section 138 of the Negotiable Instruments Act ('NI Act') for dishonour of cheque, issued by him in his official capacity on behalf of the company, if the company itself is not arraigned as an accused.Highlighting the non-compliance of the statutory mandate...
Punjab & Haryana HC Sets Aside Conviction In Corruption Case, Says Sanction Order Was Copied From Draft Provided By Vigilance Bureau
The Punjab & Haryana High Court set aside the conviction under Prevention of Corruption Act observing that the sanction order was invalid, rendering the entire prosecution as "void ab initio." Kamalpreet Singh Dhariwal, who was then posted as the District Manager, Market federation (Markfed), was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of...
UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC
The Allahabad High Court has quashed an order rejecting refund of stamp duty, holding that a retrospective amendment in 2021 to the state stamp act imposing a limitation period cannot extinguish a right based on the agreement entered into prior to the amendment.Petitioners had purchased stamp papers worth ₹4,37,000 in 2015 for executing a tripartite sale and sublease agreement with the...
"Would Change Rules Of Game": Madras HC Rejects Plea By Disabled Candidate Who Failed To Sign Answer Sheet Of Civil Services Exam
The Madras High Court recently refused to grant relief to a candidate with 60% locomotive disability who had failed to sign his answer sheet while attending the Combined Civil Services Examination-IV (Group-IV Services) examination conducted by the Tamil Nadu Public Service Commission. Justice CV Karthikeyan observed that the commission had provided clear instructions to...
No Killer Would Keep Leftover Poison For Police To Discover After Months: J&K High Court Overturns Conviction in 20-Yr-Old Murder Case
"A person who administers poison to kill a person will not keep the leftover poison, if any, with him for months together and wait for the police to come and recover it from him," observed the Jammu and Kashmir and Ladakh High Court, as it overturned the conviction of Mohd. Shafi in a two-decade-old murder case.The bench, comprising Justices Sanjeev Kumar and Moksha Khajuria Kazmi, thus set...
Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court
The Jammu and Kashmir High Court has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC to create pressure on the husband and his family members.The court held that no direct accusations were made against the petitioner's relative regarding acts of cruelty or cheating by him. The court added that it appears the petitioner...
Prescribing Minimum Marks In Judiciary Exam Necessary, Otherwise Standards Will Be Diluted: Punjab & Haryana High Court
The Punjab and Haryana High Court today said that that minimum marks prescribed for qualifying district judiciary exam is "is permissible for adjudging the qualities and capacities of the candidate seeking an appointment to judiciary."The candidates in the Haryana District judiciary exam were required to secure at least 50% i.e 500 marks out of the 1000 aggregate marks in the written test...
Failure To Follow Retrenchment Procedure, Employee Crossing Retirement Age, Bombay HC Directs Lumpsum Compensation
Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne partially allowed a writ petition challenging a Labour Court order. The court held that an employee who had already crossed retirement age could not be reinstated, but was entitled to lumpsum compensation for the period between illegal termination and retirement. The court observed that while the employer had...
Kerala High Court Extends Restrictions On Construction Activities In Munnar To Parunthumpara, Manjumala Villages Of Idukki District
The Kerala High Court has barred construction activities in Manjummala and Parunthampara villages of State's Idukki district, without first obtaining a No Objection Certificate from the Revenue Department and building permit from the concerned Local Self Government Institution. The direction will not be applicable to cases in which orders have already been passed by the High Court or...
Setting Aside Of Arbitral Award Leaves It Open To Parties To Choose To Arbitrate Again: Bombay High Court
The Bombay High Court Bench of Justice Somsekhar Sundaresan has observed that once an arbitral award has been set aside by the court in the exercise of its powers under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, the parties would be restored to the original position and a fresh arbitration in such circumstances would not amount to the proverbial “second bite at...