All High Courts
Contributory Negligence | Vehicle Suffering Higher Damage In Accident Doesn't Mean Its Driver Was Speeding: Gujarat High Court
The Gujarat High Court has said that merely because a motorcycle suffers damage at "higher scale" in an accident would not mean that the motorcyclist was travelling at a higher speed. The court made the observation while hearing an appeal moved by the deceased's kin challenging an order which held there was 20% contributory negligence attributable to the deceased. Justice JL Odedra in his...
Madras High Court Dismisses Plea To Ban Pre-Poll Alliance Between Political Parties
The Madras High Court has dismissed a plea seeking directions to the Election Commission of India to ban pre-poll alliances between political parties. The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan remarked that a direction could not be issued to the ECI to restrict parties from forming pre-poll alliances. The bench also noted that its Madurai bench had...
Order Passed By Judge On A Subject Matter Beyond His Assigned Roster Is Illegal: Orissa High Court
The Orissa High Court has recently held that an order passed by a Judge [of High Court] on a subject matter, which is not included in the roster/determination set by the Chief Justice, is per se illegal as usurpation of power without the authority of the Master of the Roster, i.e. the Chief Justice, is impermissible.Clarifying the effect of such judicial overstepping, the Division Bench of...
Victim And Convict Belonging To Same Village Not By Itself Ground To Deny Parole: Rajasthan High Court
The Rajasthan High Court has held that denying the benefit of parole to a convict merely because he lives in the same village and close proximity to that of the victim and thus presented potential threat, was based on conjectures, and frustrated the objective of parole. The division bench of Justice Farjand Ali and Justice Sandeep Shah observed that when a convict returned home and...
Delhi High Court Directs Tamil Media Outlet To Take Down 'Defamatory' Content Against Sadhguru's Isha Foundation
The Delhi High Court on Thursday directed Tamil media outlet Nakkheeran Publications to delete and take down defamatory content against Sadhguru's Isha Foundation.Justice Subramonium Prasad also dismissed the application filed by the publication under Order 7 Rule 11 of CPC for rejection of the defamation suit filed by Isha Foundation. “Order 7 Rule 11 dismissed. Directed to bring it...
Plea In Madras High Court To Restore FIR Against TVK's Aadhav Arjuna Over Social Media Post Allegedly Inciting Violence
An application has been filed in the Madras High Court seeking to recall an order quashing a FIR lodged against Tamilaga Vettri Kazhagam's (TVK) Aadhav Arjuna for his social media posts, allegedly inciting violence. The application has been filed by Shanmugam, who had originally filed the complaint based on which the FIR was registered. When the case came up before Justice AD...
“Casual And Lackadaisical”: Rajasthan High Court Sets Aside One-Line Order Rejecting Prisoner's Plea For Transfer To Open Air Camp
While setting aside an unreasoned order rejecting petitioner's application to be transferred to Open Air Camp, Rajasthan High Court held that mere existence of power to reject such request did not justify mechanical exercise in the absence of any compelling reasons recorded in writing. The bench of Justice Farjand Ali held that the order reflected a “casual and lackadaisical” approach...
Extension Of Public Tender Via Supplementary Agreement Allowed If Contract Permits, Non-Parties Can't Raise Challenge: Telangana High Court
The Telangana High Court has dismissed a writ petition challenging supplementary agreements extending time for execution of a public tender, holding that non-participating bidders lack locus and that contractual extension of time is allowed if it is permitted under the tender conditions.A Single Judge Bench of Justice Surepalli Nanda observed:"A bare perusal of the tender document,...
Madras High Court Closes Plea Challenging Provisions Of Centre's New Law Replacing MGNREGA
The Madras High Court on Wednesday (18th March) closed a public interest litigation challenging the provisions of the Centre's new law replacing the MGREGA, the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) Act [VB-G-RAM G]. The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan closed the case after the petitioner informed the bench that he...
If Wife Elopes With Another Man, Habeas Corpus Petition No Remedy : Madras High Court
The Madras High Court recently observed that no remedy under a habeas corpus petition would lie for the disappearance of a wife, who actually eloped with another man. The bench of Justice N Anand Venkatesh and Justice P Dhanabal was hearing a habeas corpus petition filed by a man seeking to produce the body of his wife and two kids, aged 3.5 years and 2 years, who were missing since...
Make A Contempt Reference If 'Browbeaten' By Police Over Uncomfortable Investigation Orders: Allahabad HC Advises Magistrates
In a significant order passed recently, the Allahabad High Court noted that superior police officers sometimes resort to measures to 'browbeat' Magistrates when orders directing investigation of particularly 'uncomfortable' cases are passed by them. A bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi firmly advised Magistrates that if any such embarrassment or pressure is faced from...
Overtaking Without Due Care Violates Road Regulations, Constitutes Negligence: Himachal Pradesh High Court
The Himachal Pradesh High Court set aside the acquittal of an accused in a road accident case, holding that the Trial Court had ignored material evidence and failed to apply the Rules of the Road Regulations, 1989. The Court remarked that the accused's act of overtaking another vehicle in unsafe conditions and moving onto the wrong side of the road was the direct cause of the accident and...