All High Courts
Right To Worship At Temple Cannot Be Curtailed; State Must Balance Faith And Public Order: HP High Court
The Himachal Pradesh High Court has held that prohibiting entire communities from worshipping at their deity's temple violates their constitutional right to freedom of religion under Articles 25 and 26.The Court stated that such rights can only be restricted on grounds of public order, morality, or health, and that too through reasonable and proportionate measures.The Court remarked...
'School Teacher Can Enforce Discipline, Correct Pupil': Kerala High Court Quashes Case Against Teacher For Caning Student
In a recent judgment, the Kerala High Court quashed the criminal proceedings initiated against a school teacher for beating his students with a cane.Justice C. Pratheep Kumar referred to various precedents, which discussed the extent of corporal punishment that can be inflicted on a child by a teacher. It was observed: “From the above decisions it is clear that the school teacher, in view...
Madras High Court Notes Centre's SOP To Curtail Dissemination Of Non-Consensual Intimate Images, Closes Woman Lawyer's Plea
The Madras High Court, on Wednesday, closed a plea filed by a young woman lawyer to take down her intimate photos and videos that her former partner had posted without her consent. Justice M Dhandapani took note of the Standard Operating Procedure that was submitted by the Ministry of Electronics and Information Technology for curtailing the dissemination of Non-Consensual...
Reconstitute Advocates' Welfare Fund Trust Committee Expeditiously: High Court To Delhi Govt
The Delhi High Court has directed the Delhi Government to take steps to reconstitute the Committee of the Advocates' Welfare Fund Trust expeditiously. Justice Sachin Datta issued notice on a plea filed by wife of a lawyer seeking directions on the Bar Council of Delhi to forthwith release ex-gratia financial assistance from the Advocates' Welfare Fund to her husband to undergo...
Initiating Officer Under Benami Property Act Must Call For Beneficial Owner's Reply In Notice: Karnataka High Court
The Karnataka High Court recently directed that Initiating Officers appointed under the Prohibition of Benami Property Transaction Act, 1988, to henceforth, in any notice issued under sub-Section (1) of Section 24 of the Act to a Benamidar and marked to the beneficial owner categorically state that the beneficial owner is also required to reply, submit explanation or submission within the...
Insurer Not Necessary Party To Claim Compensation For Medical Negligence Under Consumer Protection Act: AP High Court
The Andhra Pradesh High Court has said that in an accident claim under the Motor Vehicles Act the insurance company is a necessary and property party, however in a compensation claim for medical negligence under the Consumer Protection Act the insurance company is not a necessary party. The petitioner had claimed that under MV Act, in claim petitions filed for compensation either due to death...
Kerala High Court Seeks State's Reply In Rapper Vedan's Plea To Modify Bail Conditions In Sexual Harassment Case For Performing Shows Abroad
The Kerala High Court on Thursday (October 23) sought the State's stand on a plea by Rapper Vedan seeking to modify two conditions imposed by the Sessions Court while granting him pre-arrest bail in a sexual harassment case.Justice C. Pratheep Kumar, granted time to the prosecutor to get instructions and posted the matter to next week.The prosecution has alleged that in December 2022,...
Balasore Self-Immolation Case | Orissa High Court Rejects Bail Pleas Of HOD & Principal Of FM College, Grants Bail To Two Student Accused
The Orissa High Court on Wednesday (October 22) rejected the bail pleas of the Head of the Department ('HOD') of Teacher's Education and Principal of the Fakir Mohan Autonomous College, Balasore ('FMAC') for their alleged involvement in unfortunate death of an under-graduate female student, who set herself ablaze by pouring petrol on the college campus in July.Acknowledging the gravity of...
Bombay High Court Allows Tata AIG Insurance's Appeal Against Compensation Award To Claimant With Income Exceeding ₹40,000
The Bombay High Court has held that an application for compensation under Section 163A of the Motor Vehicles Act, 1988, cannot be entertained without verifying that the annual income of the claimant does not exceed Rs. 40,000. The Court observed that the benefit of the structured formula under Section 163A is restricted to a specific class of victims and cannot be claimed by persons whose...
Bank Can't Unilaterally Deduct Money From Pension Account Of Retired Employee To Recover Guaranteed Amount: Orissa High Court
The Orissa High Court has held that a Bank has no legal authority to unilaterally deduct/debit money from the pension account of a retired employee/pensioner merely on the ground that such employee stood as guarantor in a loan which could not be repaid.While asking the Bank to refund the deducted amount to the petitioner, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi remarked –“The...
Housewife Landlady Can Require Tenanted Premises For Husband's Welfare, Familial Duties: Delhi High Court
The Delhi High Court has observed that a landlord being the “housewife landlady” can require the tenanted premises from the tenant for husband's welfare and family duties, which would qualified as “bona fide requirement.”While dealing with an eviction plea matter, Justice Saurabh Banerjee said that the fact that the husband was elder and dependent on the landlady wife was sufficient...
Unsaid Words Can Also 'Promote Enmity' Under BNS: Allahabad High Court On 'Subtle' Religious Undertones In WhatsApp Message
The Allahabad High Court has observed that even a WhatsApp message not explicitly referring to religion may, through its 'unsaid' words and 'subtle' message, promote enmity, hatred or ill-will between communities. A Bench of Justice JJ Munir and Justice Pramod Kumar Srivastava observed thus while refusing to quash an FIR lodged against petitioner (Afaq Ahmad) who had allegedly...