All High Courts
Magistrate Can Take Cognisance Of Offence Based On Protest Petition Even If He Declined To Take Cognisance Of Police Report: Madras High Court
The Madras High Court recently observed that the Magistrate was empowered to take cognizance of an offense based on a complaint or a protest petition after filing the final report even if he had earlier declined to take cognizance based on the police report. Justice P Dhanabal observed that the Magistrate could take cognizance even if the accused persons were discharged. The...
Krishna Janmabhumi-Shahi Idgah Dispute | Allahabad HC Dismisses Recall Plea Against Its Order To Consolidate 15 Suits
The Allahabad High Court today dismissed a plea moved by the Shahi Eidgah Mosque side to recall the HC's January 11, 2024, order consolidating all suits filed in connection with the Shri Krishna Janmabhoomi-Shahi Eidgah dispute at Mathura,Justice Mayank Kumar Jain dismissed the plea at 3:50 pm today. A detailed order is awaited.It may be noted that in January this year, a single judge...
Delhi High Court Rules In Favour Of 'Dream 11' In Trademark Infringement Suit Against Replica Website
The Delhi High Court has recently ruled in favour of fantasy sports platform “Dream 11” in a trademark and copyright infringement suit against a “replica website” misleading the public by using the former's registered trademark, logo and tagline. Justice Amit Bansal permanently injuncted the defendant website from using Dream 11's trademark, logo or tagline or any deceptively...
State Adding Seats Few Months After Onset Of Recruitment Process But Not Revising Eligibility Cut-Off Date Against 'Equal Opportunity': Rajasthan HC
In a matter concerning recruitment of compounders/ nurses in the AYUSH department, the Rajasthan High Court said that splitting the additional vacancies arising after commencement of the process, into "two fractions" in the guise of the relevant service rules, is illegal and violates the candidates fundamental rights. The high court further said that Rule 16 of Rajasthan Ayurvedic,...
Delhi High Court Summons DUSU Candidates Over Defacement Of Property, Orders Removal Of Posters & Banners
The Delhi High Court has recently summoned 16 candidates who contested the Delhi University Students' Union (DUSU) elections over defacement of public property and directed them to appear before it on October 28.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela directed the candidates to remove the balance posters, banners, hoardings, graffiti and to repaint...
Kerala High Court Dismisses Daughter's Plea Challenging Donation Of CPI(M) Leader MM Lawrence's Body
The Kerala High Court has dismissed the petition moved by Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence, challenging the decision of Ernakulam Government Medical College Principal to donate her father's body to the medical college. Justice V G Arun, pronouncing the verdict in open Court today said, "For the aforementioned reasons, the writ petition is dismissed."A detailed...
Criminal Acquittal Does Not Invalidate Disciplinary Proceedings Conducted Under Different Evidentiary Standards: Kerala HC
Kerala High Court: A single judge bench consisting Justice Harisankar V. Menon quashed an arbitration award reinstating a terminated bank employee, holding that acquittal in criminal proceedings does not automatically invalidate findings of a domestic enquiry conducted under different standards of proof. The court emphasized that disciplinary proceedings operate independently of criminal...
S.107(4) CGST Act | Appellate Authority Can't Condone Delay Beyond 30 Days In Filing Appeal But HC May Consider Exceptional Cases: J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that the Appellate Authority under the Central Goods and Services Tax Act/ J&K Goods and Services Tax Act cannot condone the delay in filing appeal beyond 30 days. Section 107(1) prescribes a three months limitation period for presenting appeals. Section 107(4) of the Act confines the appellate authority's power to condone...
Kambala Race Is Karnataka's Culture, Can't Be Limited To One Particular Region: State Opposes PETA's Plea In High Court
The Karnataka government on Wednesday (October 23) told the High Court that 'Kambala' is a cultural bull race of the entire State and any argument to limit the same to any particular region should be nipped in the bud.The submission was made in response to a PIL moved by People for the Ethical Treatment of Animals India's (PETA), arguing that the bull race is a culture of Udupi district...
Authority Must Dispose Of Applications To Renew Registration Of Clinical Labs Within 1 Month, Failing Which Labs Can't Be Held Liable: Karnataka HC
The Karnataka High Court has set a deadline of one month for the competent authority to dispose of the application filed seeking renewal of a clinical laboratory under the Karnataka Private Medical Establishments Act, 2007 failing which registration of crime for the offence of non-registration cannot become an offence, against those clinics.A single judge bench of Justice M Nagaprasanna held...
No Compensation Can Be Awarded As Consequence Of Breach In Absence Of Any Legal Injury: Delhi HC Dismisses Plea U/S 34 Of Arbitration Act
The Delhi High Court Bench of Justice Mr. Prateek Jalan held that no compensation can be awarded as a consequence of breach of a contract, in the absence of any resulting legal injury. Although the extent of loss or damage is not required to be proven, the fact that loss or damage has been suffered must be established, even to claim liquidated damages or...
Concurrent Finding Of Fact Can't Be Overturned In Second Appeal U/S 100 CPC Merely Because 'Alternative View' Is Possible: Patna HC Reiterates
The Patna High Court, while dismissing an appeal under Section 100 of the Code of Civil Procedure challenging the judgement of the Additional District Judge which had upheld the decision of the Munsif in a title suit, held that a concurrent finding of fact based on evidence cannot be overturned in a second appeal merely because an alternative view could be drawn from the same...