All High Courts
“Soon Even BMC Commissioner Will Have To Ride Horse To Work”: Bombay High Court Slams Civic Body Over Illegal Encroachments
While pulling up the Brihanmumbai Municipal Corporation (BMC) over its failure to act against illegal encroachers on public roads, theBombay High Court on Wednesday orally remarked that if such an approach of the civic body continues, then in the coming decade, people will switch to bicycles and horses and even the civic chief would ride a horse to reach his office. The sarcastic comment was...
Vedanta Ltd Moves Madras High Court Against TNPCB's Refusal To Permit Green Copper Manufacturing Unit At Thoothukudi
Vedanta Limited has approached the Madras High Court challenging an order of the Tamil Nadu Pollution Control Board (TNPCB) refusing to permit its “Green Copper” manufacturing unit at the Sterlite Copper unit in Thoothukudi. The bench of Chief Justice Manindra Mohan Srivastava and Justice G Arul Murugan has directed the state government to respond to the plea. The court has also...
Caste Determined By Birth Remains Unchanged Despite Conversion Or Inter-Caste Marriage: Allahabad High Court
The Allahabad High Court has observed that the caste of a person assigned at the time of his birth remains the same even if he changes his religion. The Court added that even the marriage of a woman does not change her caste.A bench of Justice Anil Kumar-X thus DISMISSED a criminal appeal filed by Dinesh and 8 others challenging an order passed by the Special Judge, SC/ST Act, Aligarh,...
Writ Not Maintainable For Enforcement Of Private Service Contract Against Unaided School: J&K&L High Court
The Jammu & Kashmir High Court held that a writ petition under Article 226 of the Constitution is not maintainable for enforcement of service-related rights arising out of a private contract between a teacher and a private unaided school.A bench of Justice Sanjay Dhar reiterated that though private educational institutions may, in certain circumstances, be amenable to writ...
Positive Action Of Accused Needed Around Time Of Suicide: P&H High Court Grants Bail To Woman Accused Of Abetting Husband's Suicide
The Punjab and Haryana High Court has granted regular bail to a woman accused of abetting her husband's suicide, observing that the accused must have done some positive act at the time proximate to the occurrence of event.Justice Manisha Batra explained, "in order to bring a case within the provisions of Section 108 of BNS, undoubtedly, there must be a case of suicide and in the commission of...
P&H High Court Directs Haryana DGP To Examine Videos Of Parade Test Amid Allegations Of Bias In Police Promotion Process
The Punjab and Haryana High Court has directed the Director General of Police (DGP), Haryana, to examine whether the parade test conducted for promotion to Head Constable was videographed and to scrutinise the footage to determine if any irregularity occurred in the evaluation process.It was alleged that two selected candidates were in advanced stages of pregnancy at the time of the parade...
Husband's Girlfriend Cannot Be Treated As 'Relative' U/S 498A IPC: Telangana High Court Quashes Case Against Woman
The Telangana High Court, in a recent judgment, has quashed criminal proceedings against a woman arrayed as Accused No.2 in a criminal complaint, reiterating that a girlfriend cannot be construed as a “relative” of the man within the meaning of Section 498A of the Indian Penal Code. Justice Tirumala Devi Eada, while considering a petition seeking quashing of proceedings in a complaint...
Gold Loan Company Can't Keep Stolen Gold Pledged To It, Security Interest No Defence: Karnataka High Court
The Karnataka High Court has observed that a financial company offering loan based on pledged stolen gold cannot defeat the lawful title of the owner whose gold is stolen or impede investigation into FIR pertaining to such alleged acts. The court was hearing a plea by IIFL Finance Limited seeking to quash a notice issued under Section 94 (Summons to produce document or other thing) BNSS by...
Right To Travel Abroad | Mere Pendency Of FIR Or Investigation Can't Justify Prolonged Operation Of LOC: Delhi High Court
The Delhi High Court has observed that mere pendency of investigation or registration of a criminal case cannot justify the prolonged operation of a look out circular against an accused.While quashing an LOC issued against a woman accused in a Rs. 22.5 crore real estate investment dispute, Justice Purushaindra Kumar Kaurav said that mere pendency of investigation cannot justify...
Chhattisgarh High Court Raps Police For Illegal Arrest, Alleged Custodial Violence; Awards ₹1 Lakh Compensation To Arrestee
The Chhattisgarh High Court has come down heavily on police officials for the illegal arrest, alleged custodial violence, and continuous harassment and humiliation meted out to a hotel owner, holding that the unwarranted incarceration resulted in a “serious infringement” of fundamental rights of personal liberty and dignity.While the petitioner was lawfully running his licensed hotel, it...
Just Compensation Paramount: J&K&L High Court Enhances MACT Award Despite No Cross-Appeal By Claimants
The Jammu & Kashmir and Ladakh High Court held that an appellate court can enhance compensation in a motor accident case even in the absence of a cross-appeal or cross-objections by the claimants, if the compensation awarded by the Tribunal is found to be inadequate.A bench of Justice Sindhu Sharma made the observation while dismissing an appeal filed by the Union of India challenging...
Delhi High Court Denies Furlough To Convict Vikas Yadav In Nitish Katara Murder Case, Cites Ineligibility Under Prison Rules
The Delhi High Court today dismissed a petition moved by Vikas Yadav, serving a 25-year jail term without remission for the murder of business executive Nitish Katara in 2002, seeking release on furlough.Justice Ravinder Dudeja reiterated that furlough is a discretionary relief and not an enforceable right.The Court dismissed Yadav's plea challenging the rejection of his application for...