Access To Justice | Courts Can't Conduct 'Mini Trial' At Stage Of Numbering Claim Petition: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that there cannot be a "mini trial" over registration and numbering of a claim petition under Order 21 Rule 58 CPC raising objections, claims to attachement of property in execution proceedings.In doing so the court said that at the time of registration of such claim petitions, petitioner cannot be insisted upon to prove title, entitlement or merits of...

Multiple FIRs Alone Not Enough To Invoke 'Organised Crime' Charge Under BNS: MP High Court

The Madhya Pradesh High Court has said mutiple cases against a person are alone not sufficient to invoke charge of organised crime under Section 111(4) BNS, as there "certain basic parameters" which have to be met before the offence can be invoked. Justice Gajendra Singh was considering a case wherein the court had on an earlier occassion asked the State to explain as to how Section...

Teacher's Disciplinary Action Against Students Can't Be Criminalised Under POCSO Act, Will Corrode Educational Institutions: Madras High Court

The Madras High Court recently observed that corrective measures taken by a teacher cannot be criminalised under the Protection of Children from Sexual Offences Act. Justice Victoria Gowri remarked that while offences under the POCSO Act have to be dealt with seriousness, the sanctity of the Act should also be maintained, which is to protect the genuine victims. The court noted that if...

Renewal Of Arms Licence Can't Be Denied For Not Owning Agricultural Land: Karnataka High Court

The Karnataka High Court has recently held that firearm license renewal applications cannot be rejected for the reason that the applicant does not have his own agricultural land.The single-judge bench of Justice Sachin Shankar Magadum clarified that the licensing authority, under Section 15 of the Arms Act, 1959, cannot insist on 'extraneous reasons' such as lack of agricultural land for...

Bombay High Court Upholds State's Power To Re-Verify Disability Certificates Of Govt Employees; Says Fake Claims Amount To Moral Turpitude

In what could impact thousands of public servants in various departments across Maharashtra, the Bombay High Court has upheld the powers of the State Government to order 're-assessment' and 'verification' of the medical certificates and the Unique Disability ID (UDID) cards.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri has held that obtaining a government job on the basis...

Where Statue Does Not Provide Express Bar, Delay Can Be Condoned By Taking Aid Of Limitation Act: MP High Court

The Madhya Pradesh High Court has held that where a statue does not expressly bar condonation of delay, the authorities can take aid of the provisions of Limitation Act to condone delay in filing application, appeal, revision or availing statutoey remedy.The court further noted that the authorities had failed to examine the mertis of the petitioner's claim for refund of excess stamp duty...

Delhi High Court Protects Entrepreneur Aman Gupta's Personality Rights; Orders Takedown Of AI, Obscene Content

In a first for entrepreneurs, the Delhi High Court has passed an interim order protecting personality rights of Shark Tank India judge Aman Gupta against alleged misuse of his name, image, voice, catchphrases and personality attributes across multiple online platforms, including AI-generated deepfake and obscene content.Justice Tushar Rao Gedela observed that Gupta has established...

Ex-Parte Foreign Decree Can Be Enforced In India If Based On Evidence And Merits: Telangana High Court

The Telangana High Court has held that a money decree passed by the Federal Court of Sharjah is executable in India under Section 44A CPC since the United Arab Emirates is a notified reciprocating territory and the judgment debtor failed to show that the decree fell within any of the exceptions under Section 13 CPC.Section 13 states situations when a foreign judgment is not conclusive. One...

TN Assembly Elections: Madras High Court To Hold Special Sunday Sitting To Hear DMK Candidate Who Lost To TVK Candidate By One Vote

Former Minister for Co-operatives KR Periakaruppan has approached the Madras High Court seeking a recount of the postal votes that were sent to No. 50 Tiruppattur constituency instead of No 158 Tiruppattur assembly constituency during the recently concluded elections for the Tamil Nadu Legislative Assembly.It may be noted that the results for the assembly elections were declared on May 4,...

PwD Employees Can't Be Denied Reservation In Promotion Due To Absence Of Rules: Punjab & Haryana High Court

Observing that the State, which is supposed to act as a parent to its employee becomes a "reluctant roadblock" instead, the Punjab & Haryana High Court directed Haryana Government to reconsider the case of a PwD employee for promotion to the post of Deputy Forest Ranger.Justice Sandeep Moudgil said, "It is a somber observation that despite the shield of beneficent legislation forged...

Once Officer's Conviction Is Quashed, Employer Can't Check If Acquittal Was Honorable Before Considering Reinstatement: Rajasthan High Court

Rajasthan High Court has held that an acquittal is sufficient for considering reinstatement of an official earlier dismissed invoking Rule 19 Rajasthan Civil Services (Classification, Control and Appeal) Rules where only disqualification is conviction, and the authority cannot look into whether the acquittal was honorable or not. Rule 19 of the Rajasthan Civil Services (Classification,...

Punjab & Haryana High Court National Lok Adalat Settles 182 Cases, Awards Over ₹7.83 Crore

The National Lok Adalat was organised on Saturday at the Punjab and Haryana High Court Legal Services Committee as part of the nationwide initiative of the National Legal Services Authority (NALSA).The Lok Adalat was conducted under the overall supervision of Chief Justice Sheel Nagu, Patron-in-Chief of the High Court Legal Services Committee, and Justice Mahabir Singh Sindhu.Five Lok...