All High Courts
UAPA Is A 'Deterrent' To Unlawful Activities, Cannot Be Equated With Preventive Detention Due To Its Title: Bombay High Court
While upholding the constitutional validity of the Unlawful Activities (Prevention) Act (UAPA), the Bombay High Court on Thursday held that the Act can be construed to be 'deterrent' to the commission of unlawful activities, but by no stretch of imagination can it be equated with 'preventive detention.'A division bench of Justices Ajay Gadkari and Dr Neela Gokhale rejected the petition filed by one Anil Baburao Baile, an alleged witness in the Bhima-Koregaon Elgar Parishad case, who had...
Kerala High Court Quashes Defamation Case Against Dancers RLV Ramakrishnan, Ullas
The Kerala High Court recently quashed the criminal proceedings taken against Mohiniyattom dancers RLV Ramakrishnan and Ullas U. (accused persons/petitioner). The proceedings were initiated on the basis of a private complaint filed by Kalamandalam Sathyabhama before the Magistrate in 2018 alleging defamation.In the private complaint, it was alleged that the 1st accused Ramakrishnan secretly recorded a telephone conversation between him and the complainant and thereafter, the accused persons...
'Notice Must Be Issued To Accused Before Conducting Pre-Cognizance Hearing U/S 223 Of BNSS': Calcutta High Court Frames Guidelines
The Calcutta High Court has highlighted the scope of, and framed guidelines for conducting pre-cognisance hearings under Section 223 of the Bharatiya Nyaya Suraksha Sanhita (BNSS).Justice Dr Ajoy Kumar Mukherjee held: “Therefore, the procedure that needs to be followed on receipt of a complaint, in view of section 223 and concerned relevant provisions under the BNSS, would be as follows:-(a) Once, a complaint is filed, after registering the same, the court has to issue a...
'What's Divine To One Is Nuisance To Another': Madras High Court Bars 'Nama Sankeerthanam' In Houses Without Collector's Nod
The Madras High Court recently observed that Nama Sankeerthanam, devotees chanting the names of god in a religious gathering, cannot be permitted at a residential premises without the approval of the District Collector. Justice Anand Venkatesh thus restrained an individual from converting his residential house into a prayer hall and conducting nama sankeerthanam without the permission of the District Collector. The court added that if at all any prayer was to be conducted, it should be...
Allahabad HC Stays Govt Order Suspending Fair Price Shop License, Allegedly Issued At Behest Of RSS
The Allahabad High Court earlier this week stayed an order suspending a Fair Price Shop (FPS) license in Gonda district, by noting the submission of the petitioner that the decision was taken allegedly on the directions of the Rashtriya Swayamsevak Sangh (RSS) headquarters at Nagpur."Prima facie, in the manner in which the directions have been given, which has led to passing of the impugned order requires consideration", Justice Pankaj Bhatia observed while granting interim relief to the...
Mortgagor's Right To Redeem Usufructuary Mortgage Not Time-Barred, Continues Till Decree Of Sale Is Passed During Foreclosure: Kerala HC
Kerala High Court reaffirmed the statutory sanctity of a mortgagor's right to redemption under a usufructuary mortgage, and provided clarification on several crucial provisions of property and civil law.Justice Easwaran S, delivered the judgment in a civil dispute between family members over property rights, mortgage redemption and partition. The Court examined the redemption of usufructuary mortgage, Co Mortgagor's redemption and subrogation under section 92 of the Property Act, whether the...
Local Body Directly Paying Daily Wagers Hired By Outsourcing Firm Doesn't Establish Employer-Employee Relationship: MP High Court
The Madhya Pradesh High Court upheld an order setting aside a labour court's decision directing reinstatement of a group of daily wagers hired by a private outsourcing agency but deputed to work at Ujjain Municipal Corporation, ruling that direct payment of wages to the workmen by the local body doesn't amount to an employer-employee relationship. Concurring with the reasoning of the single judge bench, the division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi...
Infrastructure Location Of University Cannot Be Dictated By Students: Himachal Pradesh High Court
The Himachal Pradesh High Court has dismissed a petition filed by students of Sardar Patel University, Mandi, holding that the decision regarding the infrastructure location of the University is to be taken by the State Higher Education Council, Department of Higher Education, along with the Government of Himachal Pradesh, and cannot be dictated by the students.Justice Ajay Mohan Goel said: “This Court again reiterates that where the infrastructure of the Cluster University is to come up is the...
Duty Of Kochi Corporation To Make Commuters Comfortable: High Court Upholds Interim Direction To Construct Temporary Waiting Shed At Ro-Ro Jetty
The Kerala High Court recently dismissed a writ appeal challenging a single judge's interim order directing construction of a temporary waiting shed at the Roll-on Roll-of (Ro-Ro) Jetty at Fort Kochi.For context, the single judge had in its June 2 interim order directed the Kochi Municipal Corporation erect a temporary waiting shed at the Fort Kochi Ro-Ro Jetty, to accommodate at least 50 commuters at a given time, at their expenses, within one week from the date of the order.Rejecting the...
Bombay HC Takes Suo Moto Cognisance Of News Report Claiming 300 Colleges Across State Had No Students, But Staff Were 'Pocketing Crores'
The Nagpur bench of the Bombay High Court recently expressed shock over the fact that there were around 300 colleges across Maharashtra which did not have a single student but yet their staff are getting paid hefty salaries.A division bench of Justices Nitin Sambre and Sachin Deshmukh took Suo Motu cognisance of the news item published on July 12, in the Times of India, which read, "No Students in 300 Maha Colleges, but staff pocket crores in salaries.""The news item speaks of 300 colleges in...
AP High Court Grants ₹25K Cost To Anganwadi Worker Wrongfully Terminated By State, Directs Reinstatement
The Andhra Pradesh High Court has set aside the termination of an Anganwadi Worker posted in Poonampeta Village who was removed from service on the allegation of surpassing the required age of 35 years and for not being resident of Poonampeta Village where the Anganwadi post had been notified.Regarding the issue of 'exceeding' the prescribed age limit, Justice Tarlada Rajasekhar Rao said,“If the notification specifies the age limit as "not exceeding 35 years" on a particular date, it means...
Judges Work Under Tremendous Pressure, Taking Steps To Address All Concerns Of Bar: MP High Court Chief Justice Sanjeev Sachdeva
Justice Sanjeev Sachdeva who recently took oath of the Chief Justice's office at the Madhya Pradesh High Court, on Friday (July 16) set the tone for his tenure by underlining a collective vision rooted in institutional legacy, judicial accountability and Bar-Bench collaboration.His address at the Ovation ceremony underscored not only the immediate challenges confronting the judiciary but also long-term reforms necessary to build a more resilient and responsive legal system. Acknowledging...