All High Courts
Delhi High Court Asks LG To Consider Approving Rules On Appointment Of Local Commissioner In District Courts
The Delhi High Court has asked Lieutenant Governor (LG) Vinai Kumar Saxena to consider approving the Rules on appointment of local commissioners and receivers in the district courts in the national capital.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela disposed of a writ petition filed by Advocate Rajiv Khosla. The High Court's counsel said that the...
Uttarakhand High Court Orders Police Action Against BJP Leader For Alleged Role In Communal Violence
The Uttarakhand High Court last week directed the Nainital police to take action against a local BJP leader Madan Joshi for his alleged role in inciting communal violence in Ramnagar (District Nainital) and to submit an action taken report by November 6. A bench of Chief Justice G Narendar and Justice Subhash Upadhyay passed this order on a protection petition filed with by one...
Section 10 CPC Deals With Stay Of Subsequent Suits, Not Clubbing Or Consolidation Of Cases: Himachal Pradesh High Court
The Himachal Pradesh High Court held that Section 10 of the Civil Procedure Code has nothing to do with the connection with consolidation or clubbing of suits. It provides for the stay of subsequent suits filed between the same parties on the same cause of action.Justice Ajay Mohan Goel remarked that: “Section 10 of the Civil Procedure Code has got nothing to do with the issue of clubbing...
'Conscience Shaken': Uttarakhand High Court Transfers Probe Into Missing Mahant's Case To CBI After 8 Yrs Of Inaction
The Uttarakhand High Court last week ordered the transfer of investigation into the disappearance of a priest/mahant from Haridwar, who also happenes to be the national spokesperson of the Akhara Parishad, to the Central Bureau of Investigation (CBI). A bench of Justice Pankaj Purohit expressed strong displeasure over the State police's prolonged failure to trace him even after...
Delhi High Court Closes 'The Emergency' Author's Suit After Settlement With Netflix, Manikarnika Films
The Delhi High Court has closed a suit filed by Coomi Kapoor- senior journalist and author of the book “The Emergency: A Personal History”, against Manikarnika Films and Netflix over alleged breach of contract and damaging her reputation.Justice Purushaindra Kumar Kaurav noted that the parties settled their dispute amicably before the Delhi High Court Mediation and Conciliation Centre. As...
High Court Launches Online Complaint System 'SheBox', Accessibility Initiatives To Mark Kerala Piravi Day
On the occasion of Kerala Piravi Day and the 70th anniversary of the establishment of the Kerala High Court, the high court's IT directorate has launched a series of major initiatives with an aim to make justice more accessible to all.Chief Justice Nitin Jamdar launched a Legal Glossary containing around 6,375 legal terms prepared by the High Court with the objective of bringing about...
Industrial Disputes Act | Govt Can't Amend Industrial Dispute Reference Without Fresh Demand: HP High Court
The Himachal Pradesh High Court has held that in the absence of any demand or dispute regarding termination the government does not have any authority to refer the issue to the Labour Court.The Court clarified that such termination could only be taken up through a fresh industrial dispute or a direct application under Section 2A of the Industrial Disputes Act.Justice Ajay Mohan Goel...
Suit Filed Before SC's Patil Automation Judgment Can't Be Returned For Non-Compliance Of S.12-A Commercial Court Act: Allahabad High Court
Recently, the Allahabad High Court has held that a commercial court instituted prior to the Supreme Court's judgment in Patil Automation Private Limited and others Vs. Rakheja Engineers Private Limited cannot be returned for non-compliance of Section 12-A of the Commercial Court Act, 2015.It held that the mandate in the judgment regarding compulsory per-institution mediation and settlement as...
'Detention Based On 5-Year-Old FIR Suggests Lack Of Proximate Link': J&K&L High Court Quashes Preventive Detention Order Under Public Safety Act
The Jammu & Kashmir and Ladakh High Court has held that a preventive detention order cannot be sustained when it is based on a stale and remote incident, observing that a five-year gap between the alleged offence and the detention demonstrates the absence of a live and proximate link between the two.Justice Moksha Khajuria Kazmi was hearing a petition filed challenging the detention order...
Only Sessions Court Can Order Further Probe Upon Committal Of Case, Not Ilaqa Magistrate: Delhi High Court
The Delhi High Court has ruled that upon committal of a case, only the Court of Sessions can order further investigation and not an ilaqa magistrate. “After committal of the case by the Magistrate, it is the Court of Session that is trying the case. The proviso to Section 193(9) BNSS does not leave any doubt that after committal, the power to order further investigation is with the Court...
Interest Of Homebuyers Paramount In Insolvency Process Of Real Estate Company: Allahabad High Court
The Allahabad High Court has held that the interest of the homebuyers is paramount in an insolvency resolution process of a real estate company as it directly impacts their rights and interests.Justice Arun Kumar held“In an insolvency resolution process of a real estate company the primary concern is the interest of a homebuyer in the real estate project. The homebuyers are vital...
Delhi High Court Allows Couple To Proceed With Surrogacy Despite Husband Crossing Statutory Age Bar
The Delhi High Court has permitted an intending couple to move ahead with surrogacy procedure, despite the husband being above the maximum age limit prescribed under the Surrogacy (Regulation) Act, 2021.Justice Sachin Datta noted that since the couple initiated the surrogacy procedure prior to enforcement of the enactment, the age bar under Section 4(iii)(v)(c)(I) shall not be applicable to...