All High Courts
'If True, A Shocking Testimony Of Society': Allahabad High Court Flags 51-Yr Delay In Allotting Land Due To 1971 War Martyr's Widow
The Allahabad High Court on Wednesday expressed strong concern over the plight of a widow of a 1971 war martyr who moved the HC claiming that she had been allotted only 2.5 bighas of land against her entitlement of 5 bighas and has been struggling since 1974 to receive what is due to her. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta remarked that if the claims...
Differently Abled Child Entitled To Care Of Both Parents: Gauhati High Court Orders Reconsideration Of Army Major's Joint Posting Request
In a matter where an Indian Army officer sought reconsideration of his transfer on account of his minor son having autism, the Gauhati High Court held that a differently abled child is entitled, as a matter of legal right, to have caregiving parents near him, and directed the authorities to reconsider the request for joint posting of the parents.The ruling was delivered by Justice Kardak Ete,...
Kerala High Court Directs Calicut University To Convene Senate Within 30 Days To Replace Recused Member In VC Search Committee
The Kerala High Court on Wednesday (November 26) directed the University of Calicut to convene a Senate meeting within 30 days to find a replacement for Prof. Sabu A., who has expressed his unwillingness to be a member of the Search-Cum-Selection committee that has the duty to select a vice-chancellor for the varsity.Justice V.G. Arun was considering the State's plea that had challenged...
Compelling Wife To Undergo Trial For Inevitable Acquittal Is 'Instrument Of Harassment': Allahabad High Court Quashes POCSO Case Against Husband
The Allahabad High Court recently quashed criminal proceedings under the POCSO Act against a man who married the alleged victim, who also favoured quashing. as it observed that forcing a happily married couple to face trial merely to record a hostile testimony would be an "irony of fate" and an "instrument of harassment”. A bench of Justice Kshitij Shailendra thus allowed the plea...
Adverse Police Report Calling Applicant 'Foreigner' Can't Override Statutory Citizenship By Birth, Passport Must Be Issued: Madras High Court
The Madras High Court recently observed that an adverse police report could not override the statutory right conferred under the Citizenship Act, when a person's citizenship by birth is proved by way of genuine documents. Justice PT Asha thus came to the rescue of a man, born to Sri Lankan parents, whose passport application was rejected by the authorities. The court noted that the...
BNSS | Police Report In Non-Cognizable Offence Is Deemed A 'Complaint'; Accused Must Be Heard Before Summons In Such Cases : Allahabad HC
The Allahabad High Court has recently observed that a police report (charge-sheet) filed for a non-cognizable offence must be treated as a 'complaint' by the Magistrate and not as a police case/state case. This is in conformity with the Explanation to Section 2(1)(h) of the Bharatiya Nagarik Surksha Sanhita, 2023 (BNSS). The Court further noted that in such cases, a Judicial...
Gujarat High Court Seeks Response Of State, Central Govts On PIL For Extending ESI Act Benefits To Industrial Workers In District Kutch
The Gujarat High Court sought response of the ESI Corporation, State and Central governments on a PIL for extending benefits under ESI Act to district Kutch so as to provide adequate medical facilities and benefits to the workers in various factories/industries especially those working in hazardous industries in the district. The division bench of Chief Justice Sunita Agarwal and Justice DN...
'Hospitals Must Display Rates, Mustn't Deny Emergency Care For Not Paying Advance' : Kerala High Court Upholds Clinical Establishments Act
The Kerala High Court on Wednesday (November 26) dismissed the appeals preferred by the Indian Medical Association (IMA) and the Kerala Private Hospitals Association against a Single Bench's order upholding the provisions of the Kerala Clinical Establishment Act and Rules.The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. upheld the law, which...
Crime Remaining Undetected Due To Police Lapse Violates Victim's Right Under Article 21, State Obligated To Compensate: Madras High Court
The Madras High Court recently observed that when a crime remains undetected due to the inaction of the investigating agency, it violates the victim's right under Article 21 of the Constitution. The court added that the State, as the guardian of fundamental rights, must step in and provide monetary relief to the victims in such cases. “When a crime remains “undetected” due to...
Employee Cannot Claim Wages Of Higher Post Merely Because He Is Qualified To Perform Such Tasks: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that an employee cannot claim wages of a higher category merely because he is qualified or capable of performing duties associated with that post.The Court clarified that wages are attached to the post held and not to the qualifications possessed by the employee.The Court was hearing a petition challenging the rejection of a claim for...
'Prima Facie Money Laundering Made Out': Kerala High Court Denies Pre-Arrest Bail To Businessman Accused In Cashew Import Scam
The Kerala High Court recently rejected the anticipatory bail plea of businessman/cashew dealer Aneesh Babu, who is accused of money laundering and cheating a total of around ₹25 crores from multiple persons promising to deliver them imported cashews.Babu is arraigned in five crimes for the offences under Sections 120B, 406, 408, 409, 420, 465, 468, 471 and 34 of the IPC, which...
Shilpa Shetty Moves Bombay High Court For Protection Of Her Personality Rights
Bollywood actor Shilpa Shetty has moved the Bombay High Court seeking protection of her personality rights from being illegally commercialised by several known and unknown platforms which are using Artificial Intelligence (AI) version of her voice, deepfake images etc and earning profits.Shetty has highlighted that she is one of the most celebrated and internationally recognised personalities...