All High Courts
Mutual Respect Between Lawyers And Prison Authorities Paramount To Vindicate Grievances Of Prisoners: Madras High Court
The Madras High Court recently observed that mutual respect between lawyers and prison authorities was paramount to vindicating the grievances of the prisoners. The court added that both the lawyers and the prison authorities were working for the benefit of the prisoners and must ensure mutual respect through the process. The bench of Justice SM Subramaniam and Justice V Sivagnanam...
"Clogging Judicial System": Punjab & Haryana High Court Quashes Over 1000 FIRs Lodged During COVID-19 For Violating Lockdown Rules
The Punjab & Haryana High Court has quashed over 1000 FIRs filed during COVID-19 pandemic under Section 188 IPC for violation of lockdown rules across Punjab, Haryana and Chandigarh.Justice Anupinder Singh Grewal and Justice Lapita Banerji said, "it is apt to notice that investigations in some of these cases are still underway while other matters have been sent for trial. A large number...
Teachers Will Be Called For Poll Duty During Diwali Vacations; On Poll Day And Day Before Polls: ECI Tells Bombay High Court
The Bombay High Court on Monday disposed of a petition filed by the parents of school students, who challenged the 'full time' poll duties for teachers amid exams, arguing that it 'violates the right to education' of their children.This comes after the Election Commission of India (ECI) told a division bench of Justices Atul Chandurkar and Rajesh Patil that it has amended its earlier orders...
Expert Committee Formed To Tackle Wild Growth Of Cannabis: States And UT Admin To Punjab & Haryana High Court
The Governments of Punjab, Haryana and UT administration Chandigarh has informed the Punjab & Haryana High Court that to tackle with the problem of wild growth of cannabis in the towns, a committee of experts from the Horticulture Department, Agriculture Department and Agricultural University has been constituted, and advice of the experts has been sought to deal with the issue.Chief...
'Failed To Prove Any Hostile Discrimination': Punjab & Haryana High Court Declines To Release Gurudwara Acquired In 1991
The Punjab & Haryana High Court refused to release religious structure namely 'Gurudwara Sanjha Sahib' from acquisition, observing that no hostile discrimination was found in the acquisition.The plea was filed back in 1999, the acquisition of land was done for public purpose by the Land Acquisition Collector in 1991.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "The...
Bombay High Court Weekly Round-Up: 14 October - 20 October, 2024
Citation 2024 LiveLaw (Bom) 520 to 2024 LiveLaw (Bom) 542Nominal Index:Ganpat Bhagoji Kshirsagar & ors. vs. Anjana Krushna Jamdade & anr., 2024 LiveLaw (Bom) 520Bajaj Electricals Limited vs. Electronics Mart India Limited & Ors., 2024 LiveLaw (Bom) 521Simpy Bhardwaj vs Union of India, 2024 LiveLaw (Bom) 522Kher Nagar Sukhsadan Co-operative Housing Society Ltd. v. State of...
Judges May Commit Errors Sometimes, Doesn't Mean They Are Biased Or Fair Trial Is Compromised: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that if an order of a trial judge is found erroneous by a Superior Court, that does not by itself lead to an inference that the trial judge is biased or influenced. It further said that judicial officers may make errors sometimes–which can be corrected–due to "tremendous strain"; however to seek transfer of trial in such a situation, amounts...
'Stone' Would Come Within Purview Of Weapon Likely To Cause Death Depending On Nature, Size Or Sharpness And Manner Of Use: Kerala High Court
The Kerala High Court ruled that stone would also come within the purview of weapon of offence likely to cause death to attract an offence under Section 324 of the IPC depending upon its nature, size, sharpness and the manner in which it was used for causing injury.Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt by any instrument for shooting, stabbing...
POCSO Accused Can Get Unredacted Prosecution Records, Balance To Be Struck Between Their 'Right To Defend' And Minor's Privacy: Kerala HC
The Kerala High Court has recently observed that an accused in a POCSO case is entitled to get unmasked copies of the prosecution records to effectively defend his case, while emphasizing that in such matters a balance has to be struck by courts between the "privacy of the victims" and the accused's right to defend themselves. A single judge bench of Justice A. Badharudeen in its order...
Standard Is Higher For Post-Award Section 9 Relief, Order To Deposit Amount Not Passed In Routine Manner: Delhi HC
The Delhi High Court Bench of Justice Hari Shankar held that the standard required to be met by a post-award Section 9 relief is higher than that required by pre-award Section 9 reliefs. In this case, interim relief under section 9 of the Arbitration and Conciliation Act was sought to secure the awarded amount. Brief Facts This matter is between National Highways Authority of...
Similarity Of Functional Filters & Business Model Is Necessary For Including/ Excluding Comparable To Determine Arm's Length Price: Delhi HC
The Delhi High Court noted that the present appeal is confined only to inclusion/ exclusion of certain uncontrolled entities as comparable for purpose of determining arm's length price (ALP) of assessee company/ Appellant.Further, for purposes of benchmarking, there must be similarity of functional filters, product homogeneity and business model, in order to arrive at suitable comparable...
Details Contained In Delhi Police Special Branch Manual Confidential, Exempted From Disclosure Under RTI Act: High Court
The Delhi High Court has ruled that the details contained in Delhi Police's Special Branch Manual is confidential in nature and is exempted from disclosure under the Right to Information Act, 2005.Justice Sanjeev Narula said that by virtue of the confidential nature, the details cannot be brought into the public domain.“While the RTI Act is intended to promote transparency and...