All High Courts
University Cannot Reject Candidate's Degree For Recruitment After Accepting Him For PhD Based On Same Qualification: HP High Court
The Himachal Pradesh High Court held that a university can't apply inconsistent standards by treating a candidate's Master's degree as an eligible subject for PhD admission but ignoring the same qualification during selection for the post of Assistant Professor.Justice Sandeep Sharma remarked that: “...respondents are estopped from adopting different yardsticks while considering M.Sc....
Civil Courts Cannot Interfere In Agrarian Resumption Cases, Only Revenue Authorities Have Jurisdiction: J&K&L High Court
“Matters arising out of the Agrarian Reforms Act especially resumption proceedings fall exclusively within the domain of Revenue Authorities, and civil courts lack jurisdiction to interfere, even at the injunction stage,” held the High Court of Jammu & Kashmir and Ladakh while dismissing a petition filed by two litigants challenging concurrent findings of the courts below.Reaffirming...
'Used Excessive Speed': Gujarat High Court Declines To Discharge Accused In Iskcon Bridge 'Hit & Run' Case
The Gujarat High Court refused to discharge Tathya Patel for culpable homicide not amounting to murder (IPC Section 304 part 2) accused in the 2023 Iskcon Bridge hit and run case which claimed nine lives in Ahmedabad, observing that there was a strong prima facie case against him. The court said that this was not a simple case of rash and negligent driving, wherein the applicant was under...
Interpreting Property's 'Built-Up Area Wall-To-Wall' As Carpet Area Is Commercially Sound: Bombay High Court
The Bombay High Court has dismissed a petition under section 34 Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by the Developer-partners of Lukhi Associates challenging a 2020 arbitral award arising out of disputes under a 2010 Development Agreement with the Saini family. Justice Somasekhar Sundaresan upheld the award, holding that “what the Learned Arbitral Tribunal...
Caregiver Of Disabled Dependent Entitled To Transfer Exemption; Interests Of PwD Prevail Over Administrative Convenience : Delhi HC
A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that the interests of a disabled dependent prevail over administrative convenience, and caregivers of persons with disabilities are entitled to exemption from routine transfers, and reasonable accommodation is mandatory. Background Facts The petitioner is an...
'Implementation Is Executive's Domain': Allahabad High Court Disposes PIL Claiming Laws Against Denigration Of Hindu Deities Are 'Ineffective'
The Allahabad High Court (Lucknow Bench) on Thursday disposed of a Public Interest Litigation (PIL) plea seeking a review of the effectiveness of the current legal framework regarding the protection of Hindu deities and religious books from denigration. A bench of Justice Rajan Roy and Justice Indrajeet Shukla observed that while the making or amending of laws lies strictly within...
Karnataka High Court Upholds Order Asking GoBoult To Add 'Formerly BOULT' Disclaimer In Rebranded Products
The Karnataka High Court has upheld an order directing a consumer electronics brand to prominently display the disclaimer “formerly BOULT” on all products sold under its new name “GoBoult,” saying the step was necessary to prevent confusion with rival brand “GoBold.”A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha delivered the order on November 24,...
Electricity Ombudsman Can't Decide Review Petition In Absence Of Both Parties: HP High Court
The Himachal Pradesh High Court held that the Ombudsman while deciding a review petition cannot act contrary to Regulation 37(8) Himachal Pradesh Electricity Regulatory Commission Consumer Grievances Redressal Forum and Ombudsman Regulations and decide in complete absence of both parties.The Court further observed that there was nothing on record to show that the petitioner was ever...
Calcutta High Court Denies Interim Relief To Indian Importer In 'PL SUPREME' Trademark Row With Chinese Manufacturer
The Calcutta High Court has refused an interim injunction to Kolkata-based torch importer Parul Ruparelia and an associated entity in their trademark infringement and passing-off suit over the mark “PL SUPREME” against the Chinese manufacturers of the torch.It held that Chinese manufacturer Camme Wang and its associated entity are the prior adopters and owners of the...
Catching Hold Of Child's Hand & Offering Money For Sexual Favours Amounts To 'Sexual Assault' Under POCSO Act : Bombay High Court
The Bombay High Court (Nagpur Bench) has held that the act of catching hold of a minor girl's hand, when accompanied by an offer of money in exchange of sexual favours, squarely falls within the definition of 'Sexual Assault' under Section 7 POCSO Act which is punishable under Section 8. A bench of Justice Nivedita P Mehta thus dismissed an appeal filed by a 25-year-old man...
Allotment Of Evacuee Property Confers Only Temporary Licence, Not Leasehold Rights: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that an allotment under the J&K Evacuees (Administration of Property) Act merely creates a temporary licence, terminable in accordance with statutory provisions.Such an allotment, the High Court clarified, does not confer any proprietary or leasehold interest in the property, while stating that a subsequent instrument calling...
Insurer Cannot Rely On Hidden Exclusions To Defeat Consumer's Legitimate Expectations Under Insurance Policy: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that an insurer cannot deny coverage for Storm, Tempest, Flood and Inundation (STFI) perils on the ground that no separate premium was paid, when the policy issued is styled as a comprehensive cover including special perils.The High Court observed that the insurer's reliance on a concealed exclusion clause cannot defeat the...