High Courts
Man Accused Of Taking ₹2 Crore Dowry Seeks Income Tax Dept Probe Into Wife's Family, Delhi High Court Rejects Plea
The Delhi High Court has rejected the writ petition filed by a man, seeking an inquiry into the finances of his wife and her family who claimed to have paid him ₹2 crores dowry, in addition to spending crores of rupees on their wedding.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the complaint stemmed from a matrimonial feud and the...
Gujarat HC Paves Way For Two Law Graduates From Unrecognized College To Apply For Civil Judge Post, State Bar Body To Issue Provisional Certificate
The Gujarat High Court on Monday (February 24) directed the State Bar Council to issue provisional certificate of practice to two law graduates, who completed their LL.B. from an unrecognized institution, so as to enable them to participate in the recruitment process to the post of civil judge. Issuing notice to the respondents, Justice Nirzar S Desai in his order said, "In the meantime,...
Judicial Officer Bound To Obey Circulars/Orders Issued By High Court: Madras HC Upholds Compulsory Retirement Of District Judge
The Madras High Court recently upheld the compulsory retirement of a District Judge noting that the Administrative Committee of the High Court had assessed the materials and concluded that his continued service was not in the public interest. The bench of Justice R Subramanian and Justice G Arul Murugan noted that unless the material relied on by the administrative committee is shown...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 17 - February 23, 2025
Nominal Index:Ghulam Nabi Sofi VS State of J&K 2025 LiveLaw (JKL) 41Union Territory of J&K vs Arsam Imtiyaz Malik 2025 LiveLaw (JKL) 42Chairman, Building Operation Controlling Authority, Srinagar & Ors vs Jameel Hussain Farooqi & Ors 2025 LiveLaw (JKL) 43Bashir Ahmad Mir Vs State Through P/s Safa Kadal 2025 LiveLaw (JKL) 44Mohammad Abass Lone Vs Union Of India And Ors 2025...
Unfair To Collect Toll If Highway Is In Bad Shape: J&K High Court Orders Reduction In Toll Fees
The Jammu and Kashmir High Court directed 80% reduction in the toll fee at two toll plazas on the National highway-44 until the completion of construction. The court said that the National Highway was in a deteriorated state, making toll collection unfair and unreasonable.“This is based on the principle that tolls are collected to provide users with the benefit of well...
Toll Plazas Should Not Serve Merely As Revenue Generating Mechanism With Sole Purpose Of Minting Money From Public: J&K High Court
The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, on Tuesday, underscored that toll plaza should not merely function as revenue-generating mechanisms to mint money from the public and directed the authorities not to establish any toll within 60 kilometres of the National Highway-44.“Respondents are directed not to establish any...
MSMED Act Will Prevail Over Arbitration Act In Disputes Pertaining To A Party Which Is An MSME: Delhi High Court
The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the Arbitration and Conciliation Act, 1996 is a general law governing the field of arbitration whereas the MSMED Act, 2006 governing a very specific nature of disputes concerning MSMEs, is a specific law and being a specific law would prevail over Arbitration and Conciliation Act, 1996. Background...
Not Mandatory To Obtain Sanction To Prosecute Public Servant For Failing To Report POCSO Offences, S. 19 Contains Non-Obstante Clause: Kerala HC
The Kerala High Court has held that it is not mandatory to obtain sanction under Section 197 of CrPC or Section 218 of the BNSS to prosecute a public servant under Sections 19 and 21 of the POCSO Act for failing to report POCSO OffencesThe Court made this ruling on noting that Section 19 which mandates reporting of POCSO offences begins with a non-obstante clause, 'Notwithstanding...
Recovery Of Drugs On Disclosure Statement Does Not Prima Facie Show Conscious Possession Of Contraband: J&K High Court
The Jammu and Kashmir High Court held that a statement leading to the discovery of contraband is not sufficient to prima facie show conscious possession with respect to the concealed material. The court said that mere possession will not be considered as an offence unless it was coupled with the knowledge of what was being possessed.The court held that the statement of an accused under Section...
“Failure To Issue Notice, Denied Fair Hearing”: J&K High Court Quashes Recovery Order Of ₹4 Lakh Against Fair Price Shop Dealer
The Jammu and Kashmir and Ladakh High Court has quashed an order directing the recovery of excess carriage charges amounting to Rupees over 4 Lakhs from a Fair Price Shop dealer, highlighting the violation of natural justice principles.A bench of Justice Wasim Sadiq Nargal observed that the failure to issue notice was an attempt to prevent the petitioner from having an opportunity to present...
Govt Must Be Able To Determine Strength Of Local Bodies In Interest Of Effective Governance: Kerala HC Affirms State's Delimitation Exercise
The Kerala High Court on Monday (24th February) overturned the decision of a Single Bench invalidating the delimitation exercise for 8 municipalities and one panchayat.Background of the CaseThe Kerala Government by virtue of Kerala Municipality (Second Amendment) Act, 2024 and Kerala Panchayat Raj (Second Amendment) Act, 2024 increased the ratio of number of counsellors/ panchayat members to...
Drugs & Cosmetics Act | Only Sessions Court Can Try Offences Punishable Under Chapter IV On Manufacture, Sale And Distribution: Karnataka HC
The Karnataka High Court has held that trial in a case registered for offences pertaining to manufacture, sale and distribution of drugs and cosmetics under Chapter IV of the Drugs and Cosmetics Act is triable only by a sessions court and the magistrate court is required to commit the case to the Sessions Judge for trial.Justice S Vishwajith Shetty held thus while allowing a petition filed...