Leave Under Clause 12 Of Letters Patent Not Required For Filing Suits U/S 19 CPC: Bombay High Court

The Bombay High Court has held that leave under Clause 12 of the Letters Patent is not required for instituting a suit in the High Court's original civil jurisdiction when the case falls under Section 19 of the Code of Civil Procedure (CPC), i.e., for compensation for wrongs done to a person or movable property. The Court clarified that Clause 12 applies only to suits covered under Sections...

Madras High Court Orders Exhumation Of Bodies From Church Cemetery, Says Burial Can Only Be Done In Designated Grounds

The Madras High Court recently ordered exhumation of bodies buried in a land belonging to the Church of South India Trust Association after noting that the authorities had failed to follow the statutory provisions while granting license for burial ground. Justice N Mala began the judgment with a quote by Khushwant Singh that said “When the struggle for space over shadows even...

MP High Court Grants Anticipatory Bail To Man Accused Of Hunting, Storing Body Parts Of Wild Animals

The Madhya Pradesh High Court, on Tuesday (November 4), granted anticipatory bail to a man booked in an FIR for allegedly hunting and keeping the body parts of wild animals–including a peacock and a hare, without valid permission or documentation. The bench of Justice Milind Ramesh Phadke directed; "Considering the overall facts and circumstances of the case, as well as the fact that...

Orissa High Court Grants Visitation Rights To Grandparents Of Two-Year-Old; Says Their Affection Is “Integral For Upbringing”

The Orissa High Court has recently granted visitation rights to the father and the grandparents of a two-year-old toddler, who was allegedly taken away from their custody by his mother when he was merely three-week-old.A Single Bench of Justice Sanjay Kumar Mishra stressed on the importance of an affectionate bond between grand-child and grand-parents for overall development of the child. It...

Cases Marked To Court Lacking Jurisdiction Must Be Returned To Principal District Judge For Fresh Allocation: Delhi High Court

The Delhi High Court has ordered that if any case is wrongly marked to a Court lacking jurisdiction before the trial courts, the file must be returned to the concerned Principal District & Sessions Judge for its fresh allocation. Justice Swarana Kanta Sharma directed the Principal District & Sessions Judges of all districts in the national capital to issue an administrative circular...

Minor At Appointment But No Fraud Involved: Allahabad High Court Sets Aside 2003 Order Cancelling Regularization Of Forester Engaged In 1991

The Allahabad High Court recently set aside a 2003 order of the Conservator of Forest, Varanasi Division, Varanasi whereby the regularization of a forester, appointed in 1991, was cancelled on the ground that on the date of the engagement, he was a minor. Applying the principles of equity, a bench of Justice Vikas Budhwar restored his appointment noting that it was not a case...

'Parties Were Well Acquainted': MP High Court Grants Bail To Man Accused Of Sexually Assaulting Municipal Chairperson Using Obscene Videos

The Madhya Pradesh High Court has granted bail to a man accused of raping, extorting, and criminally intimidating an elected Chairperson of the Municipality using obscene videos and photos, observing that the parties were well acquainted with each other. The bench of Justice Devnarayan Mishra observed,"Considering the facts and circumstances brought on record and on going through the...

[BNSS] Section 359 Does Not Curtail High Court's Inherent Powers U/S 528 To Quash FIRs: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court clarified that the provisions of Section 359 of the Bharatiya Nyaya Sanhita, 2023, corresponding to Section 320 of the CrPC, do not restrict the inherent powers of the High Court to quash an FIR under Section 528 BNSS (earlier Section 482 CrPC).The Court held that the inherent jurisdiction of the High Court remains intact, and can be invoked to...

Family Court's Order Dismissing Order IX Rule 9 Application To Restore Suit Appealable, Original Petition Not Maintainable: Kerala High Court

The Kerala High Court recently refused to entertain an Original Petition filed before it challenging a Family Court's order dismissing a restoration application. According to the Court, when an alternative statutory remedy of appeal is provided under Order 43 of the Code of Civil Procedure, that has to be pursued.The Division Bench comprising Justice Devan Ramachandran and Justice Snehalatha...

Allahabad High Court Grants Bail To BJP Worker Accused Of Ferrying Unauthorized Persons From Bangladesh Into India

The Allahabad High Court on Monday granted bail on the ground of parity to a BJP youth-wing functionary accused in the 2023 case registered by the UP Police's Anti-Terrorist Squad (ATS) over his alleged involvement in forging identity documents and facilitating illegal border-crossing for Bangladeshis. A Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary...

BMC Circular Banning Cooking On Footpaths Using Gas Or Grill Not Applicable To Vendors Using Induction Cooking: Bombay High Court

The Bombay High Court on Monday (November 3) held that the Circular issued by the Brihanmumbai Municipal Corporation (BMC) in 2018 prohibiting cooking of eatables on footpath with the help of gas, stove or grill, will not apply on food joints like the popular 'Jai Jawan' which are using electronic induction vessels.With this finding, single-judge Justice Firdosh Pooniwalla came to the rescue...

'Executive Cannot Distort Legislation': Calcutta High Court Quashes Notice Debarring Retired Employees From Holding Trade Union Posts

The Calcutta High Court bench of Justice Shampa Dutt (Paul), has quashed the notices dated 08.04.2025, 07.05.2025 and 29.05.2025 issued by the Registrar of Trade Unions, West Bengal, debarring retired employees from holding union posts, stating them to be in “complete violation of the said provision of the Act.” The court observed that “the explanation to sub-section (2) of Section 22...