'Communal Politics Being Played Through Court': Delhi HC Rap On Appeal Against Installation Of 'Jhansi Rani' Statue Inside Shahi Idgah Park

The Delhi High Court on Wednesday pulled up the Shahi Idgah Managing Committee for making “scandalous pleadings” in its appeal against a single judge which rejected its plea against the installation of the statue of “Maharani of Jhansi” inside the Shahi Idgah Park situated at city's Sadar Bazar area.A division bench comprising of Chief Justice designate, Justice Manmohan and...

Advocates Can't Be Discourteous Or Use Intemperate Language Against Judges: Allahabad High Court

In suo moto contempt proceedings against a lawyer, the Allahabad High Court has held that Advocates, being officers of the court must be courteous towards the Judges.The Civil Judge (Junior Division/Fast Track Court (CAW)), Kanpur Nagar made a reference to the High Court regarding conduct of the contemnor advocate in proceedings before the Court on 03.02.2023. It was stated that the contemnor...

Imprisonment Does Not Restrict Individual's Right To Pursue Education: Bombay High Court

The Bombay High Court recently observed that imprisonment of an individual does not restrict his or her right to education.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale made the observation while ordering a Mumbai-based Law College, to admit Mahesh Raut, one of the accused in the Bhima-Koregaon case, as a student for the LLB course for the academic year 2024-2027....

Criminal Court Can't Deal With Allegations Of Misappropriation Of Investor's Money By Share Broker, SEBI Act Prevails: Allahabad High Court

The Allahabad High Court has held that that by virtue of Section 26 of Securities and Exchange Board of India Act, 1992, which bars Court from taking cognizance regarding offences under the Act, the Trial Court cannot take cognizance of a case where broker is alleged to have misappropriated money of the investor. It was held that the SEBI Act being a special act will override IPC and...

Judge's PSO Incident: Punjab & Haryana High Court Seeks Steps Taken On Investigation In Last 3-4 Days

The Punjab & Haryana High Court today sought report from Punjab Government on steps taken on investigating the matter wherein a man committed suicide by pulling out a gun from the Personal Security Officer (PSO) of a sitting judge at Golden Temple.Division bench of Chief Justice Sheel Nagu and Anil Kshetarpal said, “The State of Punjab is directed to place the steps taken on...

False Criminal Prosecution By Wife May Create Reasonable Apprehension Regarding Personal/ Family Safety, Constitutes Cruelty: Allahabad HC

The Allahabad High Court has held that false criminal prosecution case by wife against the husband and his family may create reasonable apprehension in mind of the husband regarding the safety of his family and himself if he were to stay in the matrimonial relationship. It was held that such false criminal prosecution is sufficient to constitute cruelty under Section 13 of the Hindu Marriage...

[Hindu Marriage Act] Children Born Out Of Void Marriage Also Have Right To Property Of Parents: Kerala High Court

The Kerala High Court recently granted terminal and pension benefits to three children born from a man's invalid second marriage, which he entered into without dissolution of the first marriage.Justice Harisankar V. Menon relying upon the Apex Court decision in Revanasiddappa v. Mallikarjun (2023) and amended Section 16 of the Hindu Marriage Act (legitimacy of children of void and...

Gujarat High Court Upholds Award Passed By Industrial Tribunal Based On Principle Of 'Equal Pay For Equal Work'

A division Bench of the Gujarat High Court comprising of Justices A S Supehia and Mauna M Bhat of the Gujarat has held that if employees who perform similar duties as their colleagues aren't given benefits such as allowances attached to a pay structure, it will be discriminatory and against the principle of 'equal pay for equal work'.Background:A settlement was entered into between...

Gujarat HC Pulls Up GST Authority Over “Cryptic” SCN For Cancelling Registration Despite 2022 Directions

The Gujarat High Court on Friday criticized the GST authorities over their failure to comply with two years old guidelines issued by it in Aggrawal Dyeing & Printing vs. State of Gujarat (2022) for issuance of reasoned show cause notices (SCN) for cancellation of GST registration.In that case, the HC had directed the authorities to include all necessary particulars in the SCN and...

Punjab & Haryana High Court Issues Guidelines On When Tribunals Can Order Fixed Deposits While Granting Compensation

The Punjab & Haryana High Court has laid down guidelines illustrating cases when Tribunals can order Fixed Deposits of compensation.Justice Pankaj Jain said, "The guidelines are not to be interpreted like statute but need to be followed in a more pragmatic manner. The Tribunals are right in ordering investment of compensation in Fixed Deposits in the case where a claimant is prone to...

[Land Revenue Act] Recovery Was Initiated Without Any Order Recalling Subsidy For Being Wrongly Granted: Rajasthan HC Sets Aside Proceedings

Rajasthan High Court set aside a recovery notice issued by the State Government under the Land Revenue Act to the petitioner for recovering the amount of wrongly issued subsidy observing that the recovery proceedings were initiated directly without there being any order passed for recalling the subsidy, solely based on the objection raised by the auditors towards granting of the subsidy.The...

Ensure No Other Surgery Takes Place Under Mobile Torchlight: Bombay High Court Tells BMC After Death Of Mother, Newborn

Observing that 'lives are precious' the Bombay High Court on Tuesday told the Brihanmumbai Municipal Corporation (BMC) and also the National Medical Commission (NMC) to play a 'proactive' role and ensure that no other surgery or delivery takes place in mobile torchlight in any of the civic or State-run hospitals.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan was hearing...