Delhi High Court Reserves Verdict On Ashok Swain's Plea Against Cancellation Of OCI Card

The Delhi High Court has recently reserved judgment on the plea moved by academic and writer Ashok Swain challenging an order issued by the Central government cancelling his OCI card. Justice Sachin Datta reserved verdict in the plea which contends that Swain cannot be witch-hunted for his views on current government or its policies.The impugned order was passed on July 30, 2023, after...

Rajasthan HC Directs Medical Reimbursement To Retired Govt Lecturer, Earlier Denied Due To Treatment At Unrecognized Private Hospital

The Jodhpur bench of the Rajasthan High Court recently granted relief to retired government lecturer who was denied medical reimbursement by the State in 2008, for his heart surgery pursuant to suffering a heart attack, on the ground that he had received treatment from a non-recognized private hospital.Justice Arun Monga referred to a decision of a coordinate bench in Kanhaiya Lal Dave...

Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC

The Kerala High Court observed that reservation provided under Section 34 of the Rights of Persons with Disabilities Act is confined to the posts which are identified by the government for persons with benchmark disabilities under Section 33. As per Section 33, the appropriate Government shall identify posts in the establishments which can be held by respective category of persons with...

Bank Seeking Judicial Declaration Of Sale Deed's Validity Before Sanctioning Loan On Minor's Property Sold Without Prior Approval Not Arbitrary: Kerala HC

The Kerala High Court has held that the bank's insistence for a court declaration on the validity of a sale deed before sanctioning a loan on the property of a minor, sold without approval from the District Court as mandated under the Hindu Minority and Guardianship Act, is not arbitrary or unreasonable.Justice C S Dias noted that Section 8 (2) of the Act mandates that minor's property shall...

'Depicts Public Perception Of Money Power': P&H HC Rejects Pre-Arrest Bail Of Man Accused Of Taking ₹10 Cr For Providing Governor Post

The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of taking 10 crore with other co-accused for securing the post of Lieutenant Governor in Andaman and Nicobar, observing that granting relief when there is prima facie sufficient evidence would send a "very negative message" to the public.The Court said, "The Governor's post is the highest post under...

Kerala High Court Asks State If Any Guidelines Have Been Issued In View Of Its 2010 Direction Prohibiting Public Meetings On Roads

The Kerala High Court on Friday (January 17) asked the State to inform if any guidelines have been issued by it pursuant to the court's earlier judgment prohibiting public meeting on roads. The court was hearing a petition filed by an advocate complaining about an event reportedly organized by the Balaramapuram Panchayat on January 3, erecting a stage and arranging seats on...

Rajasthan HC Permits Law Students To Sit For Exam To Govt Post, Who Were Barred Earlier After Change In Eligibility Criteria Mid Process

The Jodhpur bench of the Rajasthan High Court granted relief to certain candidates who had applied for the post of Assistant Prosecution Officer, directing the State to allow these candidates to appear for the examination to the Post even though at the time of filling the application form they had not passed their law degree.The Court was hearing a petition filed by the candidates....

Accused's Right To Fair Trial To Seek Call Detail Record U/S 91 CrPC In Trap Case Prevails Over Police's Right To Privacy: Rajasthan HC

In case concerning trap proceedings, the Jaipur bench of the Rajasthan High Court has reiterated that the right of an accused to a free and fair probe/trial under Article 21 in seeking call/tower location details under Section 91 CrPC would prevail over the right to privacy of the police officials. The court added that this right of privacy can be breached to some extent for production of...

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once the “seat” of arbitration is designated in an agreement, it is to be treated as the exclusive jurisdiction for all arbitration proceedings. The Court referred to the 'Shashoua Principle', which propounds that when there is an express designation of a "venue" and no alternative seat...

Bombay High Court Annual Digest 2024 [Part III]

Citations 2024 LiveLaw (Bom) 436 – 2024 LiveLaw (Bom) 654:Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High CourtCase Title: Mituram Udayram Dhurve vs State of Maharashtra (Criminal Appeal 201 of 2021)Citation: 2024 LiveLaw (Bom) 436In a significant ruling, the Nagpur bench of the Bombay High Court held that...

Procedural Delays In Reporting Seizures To Designated Authority Under UAPA Will Not Invalidate Proceedings: J&K High Court

The Jammu & Kashmir and Ladakh High Court has clarified that procedural delays in informing the Designated Authority about seizures under the stringent provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) do not render the proceedings invalid.“The information though required to be communicated within 48 hours of the seizure, the delay, if any, caused will not by itself...

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court

The Delhi High Court has held that Section 129 of the Central Goods & Services Tax Act, 2017 which pertains to detention, seizure and release of goods while in transit cannot be invoked for imposing penalties for minor breaches, like incomplete e-way bill.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar further held that Section 129 cannot, merely by virtue of...