All High Courts
S. 447 BNSS| High Court Can Be Directly Approached To Transfer Case From One Special Court To Another: Kerala High Court
The Kerala High Court, in a recent decision, held that a person seeking to transfer a case from one Special Court to another Special Court can directly approach the High Court without first approaching the Sessions Court.Justice A. Badharudeen held:“it is not safe to say that, when a person wants to transfer a case pending before the Special Court under the PC [Prevention of Corruption ]Act...
“Job Aspirants Cannot Dictate Recruitment Conditions”: Calcutta High Court Refuses Relaxation In EWS Certificate Requirement
The Calcutta High Court has dismissed a writ petition challenging cancellation of candidature in an Airports Authority of India recruitment process after the candidate failed to submit the Economically Weaker Sections (EWS) certificate for the financial year specified in the recruitment notification.Justice Amrita Sinha held that a recruiting authority cannot be compelled to accept...
HC Can Permit Compromise Even After Final Judgment If Offence Subsequently Becomes Compoundable: Calcutta High Court
The Calcutta High Court has held that even after a criminal revision is finally disposed of, the High Court can invoke its inherent powers under Section 482 CrPC to permit compounding of an offence where a subsequent change in circumstances creates a statutory right to compound the offence.Justice Dr. Ajoy Kumar Mukherjee observed that although courts ordinarily become functus officio...
Calcutta High Court Restrains Further Demolition Of Fire-Hit Tiljala Building, Bars Leather Business From Premises
The Calcutta High Court on Thursday restrained further demolition of a Tiljala building where a fire in a leather goods manufacturing unit claimed two workers' lives earlier this week, while simultaneously prohibiting any business activity from the premises until further orders.Justice Raja Basu Chowdhury passed the interim order in a writ petition filed by residents of the premises at...
Bombay High Court Upholds Goa Law Giving Surviving Spouse Priority Over Parents In Intestate Succession
The Bombay High Court at Goa has upheld the constitutional validity of the Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Acts of 2022 and 2023, which altered the order of legal succession by placing the surviving spouse above ascendants in cases of intestate succession. The Court observed that according precedence to the surviving spouse over parents or other...
Karnataka High Court Dismisses Plea Against Additional Haj Airfare Charge Amid Rising Fuel Prices, Says Non-Pilgrim Has No Locus
The Karnataka High Court on May 7 dismissed as not maintainable a writ petition challenging a circular issued by the Haj Committee of India demanding an additional ₹10,000/- towards differential airfare from Hajj pilgrims on account of the rising air fuel prices.The single-judge bench of Justice S Vishwajith Shetty pointed out in the order that the petitioner had not registered himself as a...
MP High Court Orders CBI Probe Into Liquor Trader's Suicide Alleging Bribe Demands By Excise Officer, Slams Police For Delaying FIR
The Madhya Pradesh High Court directed the CBI to register an FIR and investigate the alleged role of an excise officer in the suicide of a liquor contractor, observing that the concerned police station and higher officers had shown desperation to delay lodging of the FIR and appeared to be acting under the influence of the officer.As per the facts, the deceased had allegedly left a video...
Allahabad HC Directs MHA To Decide In 3 Weeks Application By Karnataka BJP Worker Seeking Z+ Security Cover
The Allahabad High Court has directed the Union of India to take a reasoned decision in 3 weeks on an application moved by a Karnataka-based BJP worker, S Vignesh Shishir, who has been filing petitions against Rahul Gandhi, seeking all-India Z-Plus security cover. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order while disposing of Shishir's...
To Protect Octogenarian Parents, Rajasthan High Court Upholds Eviction Of Their Senior Citizen Son And Daughter-In-Law
While underscoring the mandate and object of the Maintenance and Welfare of Parents and senior Citizens Act 2007, Rajasthan High Court dismissed a petition filed by a senior-citizen couple (petitioner no. 1 & 2) against their eviction from the property of their octogenarian parents (respondents).The bench of Justice Sameer Jain considered that the respondents were octogenarians, who...
S.480 BNSS | Merely Being A Woman Is No Ground For Bail In Serious Offences Like Murder: Rajasthan High Court
The Rajasthan High Court recently denied bail to a mother-in-law accused along with her son and husband of murdering her daughter-in-law (deceased) by strangulation. The bench of Justice Baljinder Singh Sandhu rejected the contention raised by the counsel that being a woman, the applicant deserved to be given the benefit of bail as per the provision under Section 480, BNSS. The Court made...
State Waqf Board Orders Must Be Challenged Before Waqf Tribunal; High Court Can Be Approached Only If Tribunal Non-Functional: Kerala High Court
The Kerala High Court recently clarified that once a Waqf Tribunal is established by the State, a Muttawalli interest in a waqf or any person aggrieved by an order made under the Waqf Act must approach the Tribunal instead of the High Court.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. added that writ jurisdiction of High Court can be invoked only in cases...