All High Courts
"How Are You Prejudiced?": Madras HC Rejects Former IPS' Plea Against Advocate Commissioner Recording Dhoni's Evidence In Defamation Case
The Madras High Court on Monday dismissed an appeal filed by retired IPS Officer G Sampath Kumar, challenging an order of the court appointing an advocate commissioner for recording the evidence of cricketer MS Dhoni in connection with a defamation suit filed by him against the former. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq remarked that Dhoni is a...
Karnataka High Court Directs Centre To Frame Separate Food Safety Guidelines For Small, Medium And Large Restaurants
The Karnataka High Court recently directed Central government to enact law or guidelines specifically and separately for restaurant businesses bifurcating them into small, medium and large businesses so that standards of food and health are maintained at every rung of consumption. For Context, under the Licensing and Registration of Food Businesses Regulations, 2011 at present lines...
Provisional Attachment Order Can't Be Challenged In Writ Jurisdiction When Alternative Remedy Under PMLA Exists: Delhi High Court
The Delhi High Court has observed that the provisional attachment order (PAO) cannot be challenged in the writ jurisdiction when an alternative remedy is available under the Prevention of Money Laundering Act, 2002.Justice Sachin Datta rejected a batch of petitions filed by Ms Krrish Realtech Pvt Ltd and its affiliates, including director Amit Katyal, challenging the Enforcement...
Delhi High Court Quashes Defamation Case Against Arnab Goswami Over Remarks Against Lawyer Who 'Attacked' Kanhaiya Kumar In 2016
The Delhi High Court on Tuesday (November 4) quashed summons issued against journalist Arnab Goswami in a criminal defamation case filed against him.The lawyer, Vikram Singh Chauhan, alleged that defamatory remarks were made against him on Times Now channel by Goswami in 2016 during the broadcast of his show The NewsHour. The broadcast pertained to the incident alleging assault of former...
Words Need Not Compel Victim To Commit Suicide; Suggestive 'Instigation' Sufficient For Abetment: Kerala High Court
The Kerala High Court recently held that to satisfy the requirement of 'instigation' leading to the offence of abetment of suicide, the words of the accused need not be such as to compel the victim to commit suicide and it would be sufficient if the same is suggestive of the consequence.Justice V.G. Arun was considering a plea to quash the criminal proceedings initiated against the petitioner...
Karnataka High Court Closes PIL For Banning Websites, Apps Showing Nudity & Pornography In View Of Pending Pleas Before Supreme Court
The Karnataka High Court on Tuesday (November 4) disposed of a public interest litigation seeking directions to the Central Government to ban certain websites and applications (Apps) allegedly displaying nudity and pornography.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha disposed of the petition filed by the Legal Attorneys and Barristers Law Firm, after it was...
Court Can't Allow Intervenors Sans Reason, Plaintiff Can't Be Forced To Implead Party Against Whom No Relief Is Sought: Orissa High Court
The Orissa High Court has reiterated that plaintiff being the 'dominus litis' cannot be compelled to implead someone, against whom he seeks no relief, as a defendant in his suit. The Bench of Justice Sashikanta Mishra, however, clarified that if the plaintiff chooses not to add someone as defendant, he does so at his own risk. In the words of the Court –“Court below has not cited any...
Delhi High Court Upholds JNU's Rule Allowing Cross Constituency Voting In Internal Complaints Committee Polls
The Delhi High Court has upheld Jawaharlal Nehru University's decision permitting students to vote across all constituencies- undergraduate, postgraduate and research scholar, in elections for student representatives to the Internal Committee (IC) dealing with sexual-harassment matters. Justice Mini Pushkarna said that election disputes require clear, cogent and credible evidence of illegality...
Section 498A IPC Applicable Even If Marriage Is Declared Invalid Subsequently: Delhi High Court
The Delhi High Court yesterday ruled that Section 498A of Indian Penal Code, 1860, which criminalises cruelty by a husband or his relatives toward a married woman, will be applicable even if marriage between the parties is subsequently declared invalid. “Considering the purposive interpretation of the definition of the Husband to cover persons who enter into marital relationships, even if...
Karnataka High Court Reserves Verdict On State's Appeal Challenging Stay Of GO Restricting Gatherings In Public Places
The Karnataka High Court on Tuesday (November 4) reserved its verdict on State government's appeal challenging single judge's interim order staying the Home Department's GO prohibiting gathering of ten or more persons for peaceful civic, social, or cultural activities in public places. On October 28 the single judge while staying the GO had remarked that it prima facie infringed...
State Can't Claim Financial Incapacity To Withhold Gratuity, Not Giving Benefits To Retired Employees Violates Article 21: AP High Court
The Andhra Pradesh High Court has held that financial incapacity cannot be used as a defence by the State institutions for non-fulfilment of statutory obligation to provide terminal benefits to its employees, and shirking of the responsibility to release the same amounts to violation of Article 21 of the Constitution.The Court was dealing with a case where terminal benefits were denied to...