Bombay High Court Takes Exception To Lawyers Coming To Court 'Unprepared'

The Bombay High Court on Tuesday (January 28) orally took exception to advocates not coming prepared for their matters, despite the same being listed for hearing.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale said by not coming properly prepared, these advocates were doing injustice to their own clients along with litigants, whose matters are listed but aren't heard...

Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court

The Delhi High Court has ruled that the recommendations of the State or National Human Rights Commissions are binding in nature and the purpose of enactment of the Human Rights Act would be nullified if they are held to be mere recommendatory bodies.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that holding that Human Rights Commissions can only...

Ex-Gratia Relief Cannot Replace Court Ordered Compensation: J&K High Court Upholds ₹20 Lakh Compensation For Electrocution Victim

Upholding a writ court judgment directing the Power Development department (PDD) to pay Rs. 20 lakh as compensation to a young electrocution victim the Jammu and Kashmir and Ladakh High Court has reaffirmed that the policy of granting ex-gratia relief cannot preclude courts from awarding appropriate compensation to victims of electrocution.Dismissing an appeal by PDD Justices Rajnesh Oswal...

[SC/ST Act] Courts Duty To Ensure Social Welfare Legislations Are Not Misused & False Complaints Are Not Perpetuated: Delhi High Court

While quashing a First Information Report (FIR) under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('PoA Act'), the Delhi High Court remarked that such welfare legislations should not be misused for ulterior motives and that the court has to ensure that false complaints are not allowed to continue.Justice Dinesh Kumar Sharma commented, “The Scheduled Castes...

Delhi High Court Closes PIL Seeking Time Bound Scrutiny, Curing Defects Of Fresh Matters For Listing

The Delhi High Court has recently closed a public interest litigation seeking a time bound scrutiny and raising of defects of fresh matters for listing before the Court.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela said that the issues, if found to be relevant, would be taken up on the administrative side of this Court.“We do not find...

Denying Medical Reimbursement For Chronic Illness On Ground That Treatment Was Taken In OPD Is 'Unreasonable Classification': Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that denying medical re-imbursement to an employee of the State Government for the treatment of wife's chronic illness on the ground that the same was done in Outpatient Department (OPD) is based on "unreasonable classification."Chief Justice Sheel Nagu and Justice Sudhir Singh said, "the wife of respondent No. 1-writ petitioner was...

Ventilating That A Particular Religion Is Treated In A Particular Manner Doesn't Promote Hatred Between Classes U/S 505(2) IPC: Madras HC

The Madras High Court has observed that merely ventilating about the manner in which a particular religion is treated would not constitute an offence under Section 505 of the IPC. Section 505(2) pertains to statements creating or promoting enmity, hatred or ill-will between classes. It stats that whoever makes, publishes or circulates any statement or report containing rumour or alarming...

'While Public Going Wild On Social Media Over Court Delays...' : Allahabad HC Slams Litigant Objecting To Speedy Court Proceedings

In a scathing observation, the Allahabad High Court recently slammed a litigant (petitioner) who moved the court against the swift proceedings in a case under the UP Consolidation of Holdings Act, 1953.A bench of Justice JJ Munir observed that it was ironic that while social media and public platforms often criticize the judiciary for prolonged court proceedings and frequent adjournments,...

Organ Transplantation Plea Cannot Be Rejected Due To Perception Of Existence Of Large-Scale Commercial Transactions: Kerala HC

The Kerala High Court held that a person's request for kidney transplantation cannot be rejected in a routine and pedantic manner since it directly affects their right to life and health.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu stated that the Authorisation Committee while rejecting application for kidney transplantation must consider each application on its merits...

Money In Bank Account Is 'Property', Liable For Provisional Attachment U/S 281B Of Income Tax Act: Kerala High Court

The Kerala High Court held that cash in bank account is a 'property' liable for provisional attachment under section 281B of the Income Tax Act. The Division Bench of Justices Sathish Ninan and Shoba Annamma Eapen observed that “mere fact that Bank account is not explicitly provided under Section 281B of the Income Tax Act, unlike the GST Act, 2017 which specifically mentions the...

Cheque Bounce | Signature Of Both Parties Required If Cheque Is Drawn On Joint Account: Punjab & Haryana High Court

The Punjab & Haryana High Court quashed a cheque bounce complaint under Section 138 Negotiable Instrument Act (NI Act) observing that the disputed cheque was not signed by both the holders of the bank account.Justice Harpreet Singh Brar noted that the disputed cheque was drawn on the account jointly held by the petitioner and his wife. However, the same was only signed by Jasbir Kaur and...

Punjab & Haryana High Court Upholds Constitutional Validity Of Notification Establishing Greater Mohali Area Development Authority

The Punjab and Haryana High Court dismissed the plea challenging the constitutional validity of the notification issued in 2006 under Section 29 of the Punjab Regional and Town Planning and Development Act 1995 (the Act of 1955), constituting and establishing a special Authority under the name of Greater Mohali Area Development Authority (GMADA).The Court rejected the contention that the...