Third Party Using Land With Owner's Consent Cannot Be Prosecuted For Encroachment: J&K&L High Court

The Jammu & Kashmir High Court has held that coercive action cannot be taken against a third party who merely used land with the permission of its recorded owner, especially when the statute invoked is inapplicable.The petitioner had challenged an order directing seizure of his building material and registration of an FIR for alleged encroachment of common land under the J&K Common Lands (Regulation) Act, 1956, relying on the Supreme Court's ruling in Jagpal Singh v. State of Punjab. A...

High Court Refuses To Entertain Plea Seeking NEET UG 2025 Re-Examination At Patna's Bapu Pariksha Parisar Centre

The Patna High Court has refused to entertain a plea seeking re-examination of NEET (UG) 2025 at Bapu Pariksha Parisar, Patna, on allegations of mismanagement and loss of examination time.A Single Judge Bench of the Patna High Court comprising Justice Harish Kumar was hearing the writ petition filed by a NEET UG candidate, limited to the extent of seeking a re-test only for the particular centre where he appeared for the examination held on 04.05.2025.Background:The Petitioner contended that due...

Centre Clears Appointment Of Justice Sujoy Paul As Chief Justice Of Calcutta High Court

The Central Government on Wednesday (January 14) notified the appointment of Justice Sujoy Paul as the Chief Justice of the Calcutta High Court.The notification reads as follows:"In exercise of the powers conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Sujoy Paul, Judge, Calcutta High Court, to be the Chief Justice of the Calcutta High Court with effect from the date he assumes charge of his office".Justice Paul, whose parent...

General, Vague Allegations Of Dowry Harassment Insufficient To Prove Cruelty Or Abetment Of Suicide: HP High Court

The Himachal Pradesh High Court has set aside the conviction of a husband, his mother, and his brother for offences under Sections 498A and 306 read with Section 34 of the Indian Penal Code, on the ground that general, vague and non-specific allegations of dowry harassment are insufficient to establish cruelty or abetment of suicide. The Court further remarked that prosecution in matrimonial disputes must be based on clear particulars, acts, and proof of mens rea, failing which continuation...

Himachal Pradesh High Court Stays Shifting Of Backward Classes Commission Office From Shimla To Dharamshala

The Himachal Pradesh High Court has stayed the State Government's decision to shift the office of the H.P. State Commission for Backward Classes from Shimla to Dharamshala, holding that the decision required closer examination in light of administrative and financial implications. A Division Bench of Chief Justice G.S. Sandhawlia and Justice Jiya Lal Bhardwaj while hearing a public interest litigation, passed an interim order. The Court noted that the Chairman of the Commission was...

Courts Cannot Be Turned Into Platforms For Political Campaigns: J&K&L High Court Dismisses PIL On Undertrial Transfers

The Jammu & Kashmir High Court dismissed a Public Interest Litigation seeking directions for detention of undertrial prisoners of the Union Territory within prisons located in Jammu & Kashmir, holding that Public Interest Litigation cannot be used as a political platform or as a tool to gain electoral advantage.A Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal observed that the petition was founded on vague and general averments, unsupported by material particulars or...

'Gravity Of Offence Cannot Be Sole Ground To Deny Bail': Chhattisgarh High Court Grants Bail To Anwar Dhebar In Rice Custom Milling Case

The Chhattisgarh High Court has granted regular bail to businessman Anwar Dhebar in connection with the alleged rice custom milling scam being probed by the State EOW/ACB. The Court observed that the material presently relied upon by the prosecution does not justify continued detention, especially when the investigation qua the applicant stands completed.Justice Arvind Kumar Verma heard the bail plea under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to offences under...

'Exploitative': Tripura High Court Holds State's Fixed-Pay Policy For Teachers Appointed To Regular Post As Unconstitutional

The Tripura High Court has held that the State Government's policy of appointing teachers against sanctioned permanent posts on a fixed-pay basis for five years is arbitrary, unconstitutional, and violative of Articles 14 and 16 of the Constitution. The Court ruled that once appointments are made through a regular selection process to permanent posts, denial of regular pay amounts to impermissible "discrimination" and "exploitation". It further imposed cost of Rs. 2000 on the State. A...

Advocate's Office In Residential Building Not 'Commercial Activity': MP High Court

The Madhya Pradesh High Court on Tuesday (January 13) held that the office of an advocate located in a residential building cannot be treated as a commercial activity.The bench of Justice GS Ahluwalia observed; "As already pointed out, the suit room is not situated in any commercial building but is situated in a residential building, and therefore, by no stretch of imagination, it can be...

Petrol Pump Licence Automatically Stands Cancelled On Expiry Of Lease, No Hearing Required: Kerala High Court

The Kerala High Court recently clarified that as per the Petroleum Rules, 2002, when the licensee of a petroleum outlet loses the right to the site for storing petroleum due to expiry of lease period, the license gets automatically cancelled without any need for a formal order.Justice M.A. Abdul Hakhim observed that in such cases, license can be cancelled without granting an opportunity of hearing to the licensee. “Rule 152 of the Petroleum Rules provides that every license granted under the...

Frame Rules To Ensure Execution Of Delhi School Tribunal Orders: High Court To Delhi Govt

The Delhi High Court on Wednesday asked the Delhi Government to take steps and frame appropriate Rules to ensure that the Delhi School Tribunal is vested with appropriate legal authority to get its orders executed. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that in case any such proposal is made or amendment is suggested, the Central Government shall attend yo the same and consider approving it at the earliest. “We hope and expect that the need for having...

'Delhi Govt Can't Shirk Responsibility': High Court Orders Emergency Shelter Measures For Homeless Sleeping Outside Hospitals In Winter Cold

The Delhi High Court on Wednesday said that the Delhi Government or its agencies cannot shirk away from their responsibility to provide shelter to patients, attendants and their family members forced to sleep outside city hospitals in the biting winter cold due to lack of shelter.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued urgent short term directions, after it recently took suo motu cognizance of the situation. The Court said that it is the bounden duty...