All High Courts
Punjab & Haryana High Court Sets Aside 'Cryptic & Non-Speaking' Order Removing Punjab's Municipal Council President
The Punjab and Haryana High Court has set aside the Punjab Government's order removing the President of Nagar Council, Samana, under Section 22 of the Punjab Municipal Act, 1911, holding that the order was “totally cryptic and non-speaking.” The Court has remanded the matter back to the State to freshly determine whether the meeting in which the no-confidence motion was passed against...
Voluntary GST Cancellation Not Grounds To Freeze Company's Bank Account: Rajasthan High Court
The Rajasthan High Court has directed the Bank of Baroda to de-freeze the account of the petitioner-company, allowing it to use it freely till finally deciding the company's representation, observing that the bank could not freeze the account merely because the company's GST registration was voluntarily cancelled.The bench of Justice Nupur Bhati was hearing a petition filed by a company...
Can't Distinguish Between Unmarried Daughters & Divorced Daughters While Granting Freedom Fighters Pension: Madras High Court
The Madras High Court recently reiterated that a divorced daughter, who was in an impoverished circumstance, would also be a dependent to claim the Freedom Fighters Pension. Justice V Lakshminarayanan adopted the view taken by the Supreme Court in the case of Khajani Devi, where the Supreme Court had held that the special family pension and the Swatantrata Sainik Samman Pension...
'Will Consider Positively': State To Karnataka High Court On Proposal To Hold RSS Route March
The Karnataka government informed the High Court on Friday (November 7) that it shall positively consider the proposal Convenor of RSS Kalaburagi for holding a proposed march (Pathasanchalana) in Chittapur Town.On October 30 the court had asked the Convenor of RSS Kalaburagi Ashok Patil to meet with district authorities on November 5 at the Advocate General's office with respect to holding...
Legal Services Authorities Act | Executive Chairman Competent To Delegate Disciplinary Powers To DLSA: HP High Court
The Himachal Pradesh High Court has held that the Executive Chairman of the State Legal Services Authority is legally competent to delegate disciplinary powers to the District Legal Services Authority.It was stated that since proper authorisation took place and no procedural irregularity was found, the disciplinary proceedings against the petitioner were valid.A Division Bench of Chief...
Secondary Evidence Allowed Only Upon Strict Proof Of Loss Or Destruction Of Original Document: HP High Court
The Himachal Pradesh High Court has held that courts can permit secondary evidence only upon strict proof that the original document is lost, destroyed, or withheld by the opposing party. Mere allegations or unsubstantiated claims of loss are insufficient grounds for such permission.Justice Ajay Mohan Goel observed that: “An inquiry report revealed that no original document was submitted by...
Allahabad High Court Stays Trial Against SP MLA, Wife In Domestic Help Suicide Abetment Case
The Allahabad High Court recently stayed further proceedings in a sessions trial against Samajwadi Party MLA from Bhadohi, Zahid Beg @ Zahid Jamal Beg and his wife (Seema Beg), who have been accused in the suicide abetment case linked to their domestic help. A bench of Justice Sameer Jain passed the interim order while hearing Section 528 BNSS plea filed by the sitting MLA and his...
Cheque Dishonour | Accused Can Rebut Presumption Of Debt By Referring To Particular Circumstances Of Case: Kerala High Court
The Kerala High Court, in a recent judgment, clarified that a person accused of the offence under Section 138 of the Negotiable Instruments Act can refer to particular circumstances of the case in order to rebut the presumption under Section 139 and prove non-existence of debt or liability by preponderance of probabilities.The appeal before Justice Bechu Kurian Thomas was preferred by...
Delhi High Court Delivers Split Verdict In Jailed MP Engineer Rashid's Plea Against ₹4Lakh Costs To Attend Parliament
The Delhi High Court on Friday delivered split verdict in the plea moved by jailed Jammu and Kashmir MP Engineer Rashid challenging costs imposed on him by a trial court while granting him custody parole to attend the Parliament.Justice Vivek Chaudhary, heading the bench, dismissed Rashid's plea whereas Justice Anup Jairam Bhambhani allowed the same.The matter will now be placed before...
Delhi High Court Upholds One-Year 'Watch Period' Before Grant Of Furlough After Conviction Appeal Dismissal
The Delhi High Court on Friday upheld the validity of a standing order issued by the Director General (Prisons) mandating one-year “watch period” before being eligible to be released on furlough on their return to jail after dismissal of their conviction appeals. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela observed that the standing order was issued...
Madras High Court Refuses To Halt Re-Release Of Kamal Haasan Starrer "Nayagan" Movie
The Madras High Court, on Friday refused to halt the re-release of Kamal Haasan starrer “Nayagan” movie. The movie is hitting the screen again to celebrate the actor's birthday.Justice N Senthilkumar refused to grant an interim injunction on a plea filed by Karnataka based SR Film factory. The court remarked that there was no prima facie infringement and refused to grant the interim...
Parents Merely Stating That 'Daughter Was Unhappy' And 'Often Wept' Insufficient To Convict In-laws & Husband U/S 498A IPC: Bombay High Court
The Bombay High Court has held that the in-laws or husband of a woman cannot be convicted under charges of cruelty punishable under section 498-A (cruelty) of the Indian Penal Code (IPC) merely on the basis of the statements of the wife's parents that their daughter was 'unhappy' in the marriage and often 'wept' in front of them due to the alleged harassment by her in-laws. Single-judge...