All High Courts
Unfavourable Order No Ground To Allege Bias Against Judge, Seek Case Transfer: Delhi High Court
The Delhi High Court has observed that mere passing of an unfavourable order cannot, by itself, be a ground to allege prejudice and bias against a judge and seek transfer of the case. Justice Saurabh Banerjee dismissed a petition filed by a woman seeking transfer of a criminal matrimonial case from a Mahila Court to another court on allegations of bias against the judge. At the outset, the...
Certified Copy Of Decree Sufficient For Sub-Registrar To Record Cancellation Of Registered Documents: Karnataka HC Issues Guidelines
The Karnataka High Court has recently held that if a party produces a certified copy of the jurisdictional court's decree and judgment before the registering authority, the latter would be duty-bound to act upon it for cancelling registered deeds even without a formal communication of the order [contemplated under Section 31(2) of the Specific Relief Act] from the court.The single-judge bench...
Being A Student Doesn't Absolve Husband From Maintaining Wife: P&H High Court Denies Relief To 22 Y/O Engineering Student
The Punjab and Haryana High Court recently observed that a husband has a legal duty to maintain his wife and he can't be absolved of this responsibility merely on the ground that he is a student. "(husband) cannot be permitted to plead that he is unable to maintain his wife due to financial constraints as long as he is capable of earning. Nor can he be absolved on the ground that he is...
Mere Non-Wearing Of Helmet Doesn't Enable Plea Of Contributory Negligence Without Direct Nexus To Accident: Madras High Court
The Madras High Court recently upheld an order of the Motor Accident Claims Tribunal, fixing a contributory negligence of 7% on a deceased man who was not wearing a helmet at the time of the accident. Though the Tamil Nadu State Transport Corporation argued that it was the percentage of contributory negligence should have been enhanced on account of non-wearing of helmet, the bench...
Follow Temple Norms Barring Foreign-Returned Priests From Worshipping At Sringeri Sharada Peetham: AP High Court To State
The Andhra Pradesh High Court has directed the State to follow endowment departments 2010 Circular and directions issued by Jagadguru Shankaracharya of Sringeri Sharada Peetham in 2024 wherein priests who have travelled abroad cannot enter the temple's sanctum sanctorum and worship the deity. The petitioner, a priest, alleged that the State was not following a 2010 notification issued by the...
Appeal Moved Before Kerala High Court To Stall Release Of Movie Inspired By Venjaramoodu Mass Murder Case
An appeal has been moved before the Kerala High Court challenging a judgment of the Single Bench, which had dismissed a plea to stall the movie 'Kaalam Paranja Kadha' that is allegedly inspired by the Venjaramoodu Mass Murder case.Last week, the Single Judge had dismissed the writ petition filed by the father of the accused, who had stated that the movie would prejudicially affect the trial...
Tender Lapses Automatically If Not Extended; Repeated Representations Can't Cure Delay: Patna High Court
The Patna High Court has held that mere filing of repeated representations cannot cure delay or extend limitation, and that once a tender period lapses without extension, the contract stands naturally terminated, allowing the State to issue a fresh tender in public interest.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent...
TDR Bonds Not Mandatory Under 2013 Land Acquisition Law; State Must Follow Statutory Compensation Scheme If Acquisition Refused: AP High Court
The Andhra Pradesh High Court has reiterated that Transferable Development Rights (TDR) bonds are not mandatory to be accepted by claimants under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and upon refusal the State is bound to initiate compensatory proceedings in accordance with the provisions of the 2013 Act.Justice...
Mere Discrepancy In DOB Without Intent To Deceive Isn't Fraud: Allahabad High Court Quashes Govt School Teacher's Dismissal
The Allahabad High Court has ruled that a mere discrepancy in the dates of birth in different educational records of a government servant, bereft of any element of fraud, misrepresentation, or deliberate concealment, won't be 'fraud or wilful misrepresentation' so as to nullify his appointment. A bench of Justice Manju Rani Chauhan thus quashed the June 2019 dismissal order passed against...
Debarment Must Have Express Tender Backing; Cannot Be Imposed by Implication: Patna High Court Quashes Blacklisting Of Contractor
The Patna High Court has held that debarment of a bidder, which entails serious civil consequences, must be founded on an express provision in the tender conditions or applicable statutory framework, setting aside a three-year debarment imposed on a contractor.A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a writ petition challenging the Office Order...