All High Courts
Bidder Has No Enforceable Right To Challenge Tender Disqualification After Expiry Of Bid Validity Period: Patna High Court
The Patna High Court has held that once the validity period of a tender bid expires, no enforceable or workable relief can be granted to a bidder in a challenge to technical disqualification, even if allegations of wrongful rejection are raised. The Court observed that after expiry of the bid validity period, adjudication on the merits of the disqualification becomes “largely academic.”...
'Can't Stay Silent': Justice Swarana Kanta Sharma To Initiate Contempt Action Over 'Defamatory' Online Content Posted Against Her
Justice Swarana Kanta Sharma of the Delhi High Court on Thursday said that she will initiate contempt proceedings against certain individuals and respondents in the excise policy case after defamatory, contemptuous and extremely vilifying things were posted against her. The judge said so as she was about to hear CBI's petition challenging the discharge of all accused persons in the...
Biker Can't Be Blamed For Hitting Truck Parked Half On Highway Without Warning Signals At Night: Gujarat High Court
The Gujarat High Court overturned the finding of Motor Accidents Claims Tribunal attributing contributory negligence to the driver of a two-wheeler who had met with an accident with a stationary truck at night time parked without any indicator, parking signal or obstruction. In doing so the court held that the driver of the truck was solely negligent for the accident and also enhanced...
Land Conservancy Act Can't Be Invoked To Evict Alleged Encroachers From Private Temples Properties: Kerala High Court
The Kerala High Court, in a recent decision, held that the provisions of the Kerala Land Conservancy Act cannot be invoked to evict alleged encroachers of private temples, which are not coming under the control of the Devaswom Board.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar dismissed a batch of writ petitions that prayed for a direction to the State to...
Courts Cannot Direct Regularisation Of Seasonal Labourers Amid Govt's Blanket Ban On Such Engagements: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that judicial review under Article 226 of the Constitution is confined to examining the decision-making process and not the decision itself.The Court emphasised that courts must refrain from issuing directions for permanent absorption or regularization when there exists a blanket ban on engagements imposed by the Government and over...
Karnataka High Court Upholds Tender Clause Mandating In-State Recycling Facility For EVM Disposal, Says 'Sensitivity' Of EVMs Justify Condition
The Karnataka High Court has recently held that a tender condition requiring the participating e-waste companies to have a recycling facility within the State cannot be deemed as 'discriminatory' when the concerned items to be processed are 'sensitive' electoral equipment like EVMs and VVPAT units that are decommissioned. The single-judge bench of Justice Sachin Shankar Magadum opined that such...
POCSO Act | AP High Court Criticizes Trial Court For Making Observations On Mental Condition Of Autistic Victim, Doubting Her Testimony
The Andhra Pradesh High Court cancelled the bail granted to a school principal accused of sexual misconduct involving a minor autistic girl, holding that successive bail applications in serious offences cannot be entertained in a “routine or mechanical manner” without any substantial change in circumstances.In doing so the court said that the trial court failed to assign reasons...
Delhi High Court Acquits Man Convicted For Adultery, Says Section 497 IPC Unconstitutional With Retrospective Effect
The Delhi High Court has acquitted a man convicted for adultery, holding that the conviction could not survive after Section 497 of the Indian Penal Code was declared unconstitutional by the Supreme Court in Joseph Shine v. Union of India judgment.Justice Vimal Kumar Yadav observed that the case reflected a “modern avatar” of the Mahabharata-era “Niyog Pratha”, while dealing...
Court Can't Protect Live-In Relationships Where Male Partner Is Below Marriageable Age Of 21 Yrs: Allahabad High Court
The Allahabad High Court has held that live-in relationships cannot be protected in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, if one of the partners is below the statutorily prescribed marriageable age. Justice Garima Prashad however clarified that the parties would still be entitled to protection against harm, in view of their rights under Article...
'File Petition First': Calcutta High Court Declines Urgent Relief Against "Bulldozer Action" On Fire-Hit 'Illegal' Tiljala Factory
An urgent mentioning was made before the Calcutta High Court on Thursday (May 14) challenging an order passed by the Chief Minister Suvendu Adhikari to demolish Tiljala Factory, where two persons were killed in a fire just days ago.The lawyer made the mentioning before the Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, alleging that the "bulldozer action" was illegal.It...
'Why Should I Suffer If Arrest Is Illegal?' Gameskraft Founder Tells Karnataka High Court; ED Gets Time Till Tuesday To Respond
The Karnataka High Court on Thursday [May 14] granted Enforcement Directorate (ED) time until next Tuesday to file its objections to a plea moved by the founders of online gaming company Gameskraft, who have challenged their arrest and remand in a money laundering case.A single-judge bench of Justice M.G.S. Kamal was hearing the petitions filed by Deepak Singh, Prithvi Raj Singh, and...