All High Courts
Service Of Showcause Notice Via Email Valid Under PMLA Regulations: Calcutta High Court
The Calcutta High Court has held that in proceedings under the Prevention of Money Laundering Act, 2002 (PMLA), the issue of whether all “relied upon documents” (RUDs) have been duly supplied to the noticee must be determined by the Adjudicating Authority at the threshold, before proceeding further with the case. Deciding a writ petition filed by Dipak De, Justice Krishna Rao declined...
“Unjust To Sustain Departmental Findings After Acquittal On Identical Evidence”: Bombay High Court Quashes CISF Officer's Dismissal
The Bombay High Court has held that dismissal from service based on findings in departmental proceedings cannot be sustained where the delinquent employee has been acquitted in a criminal trial arising from the same incident and based on identical evidence. The Court observed that where the charges, witnesses, evidence, and circumstances in both proceedings are substantially the same,...
Scheme For Reserving 25% Seats Under RTE Cannot Be Used Multiple Times For Admission Of Same Child: Bombay High Court
The scheme for reserving 25 per cent seats for the underprivileged under the Right To Education (RTE) Act is designed to distribute educational opportunities among as many eligible children but the said scheme does not confer a right on a parent to seek allocation of a seat multiple times for the same child, held the Bombay High Court recently. A division bench of Justice Vibha Kankanwadi...
'Accused Can't Blame Father For Not Informing Him About Hearing Date After Service Of Summons': HP High Court Rejects Delay Condonation Plea
The Himachal Pradesh High Court dismissed an application seeking condonation of a 130-day delay, holding that the applicant can't rely on the plea that his father did not inform him about the hearing date after receiving the court summons. Justice Rakesh Kainthla remarked that: “When the law requires that the summons be left with the adult male member of the family, it is as good as...
“Clerical Error In Name Cannot Defeat Statutory Right”: Bombay High Court Orders Reconsideration Of Railway Death Compensation Claim
The Bombay High Court has held that a compensation claim arising out of a railway accident cannot be rejected merely because there is a minor variation in the passenger's name appearing on the season ticket when the identity card number mentioned on the ticket matches and establishes the identity of the passenger. The Court observed that if the identity of the passenger is otherwise...
Residence In Forest Area And Doing Cultivation For Livelihood Necessary To Be Declared As Forest Dwellers: Madras High Court
The Madras High Court has held that continued residence in the forest area and reliance on the forest, by doing cultivation for livelihood, are essential for being declared as a forest dweller under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The bench of Justice SM Subramaniam and Justice K Surender noted that the object of the...
Dying Declaration Full Of Suspicious Circumstances Cannot Sustain Conviction: Calcutta High Court Acquits Husband In Wife's Murder Case
The Calcutta High Court has acquitted a man convicted of murdering his wife, holding that a dying declaration surrounded by suspicious circumstances cannot form the sole basis of conviction. A Division Bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay set aside the 2015 trial court judgment which had sentenced the appellant to life imprisonment under Section 302 IPC, observing...
Chhattisgarh High Court Quashes Appointment Of State Pharmacy Council Registrar, Says Govt Cannot Directly Appoint Under Pharmacy Act
The Chhattisgarh High Court has quashed the appointment of Ashwani Gurdekar as Registrar of the Chhattisgarh State Pharmacy Council, holding that under Section 26 of the Pharmacy Act, 1948, the Registrar must be appointed by the State Pharmacy Council with the prior sanction of the State Government, and not directly by the Government.Justice Parth Prateem Sahu was hearing a writ petition...
Academic Arrangement Rules Can't Extend Registrar/Tutor Tenure Beyond 3 Years In Medical Colleges: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that appointments made under the J&K Medical & Dental Education Academic Arrangement Rules, 2020 cannot be used to extend the tenure of posts such as Registrar, Tutor, or Demonstrator in medical and dental education beyond the maximum period of three years prescribed under the relevant recruitment framework.A Division Bench...
Not Every 'Contentious Probate Proceeding' Results In Decree; 'Substance Over Form' Determines Appeal: Karnataka High Court
The Karnataka High Court has recently held that an appeal under Section 96 of the Code of Civil Procedure would lie only when the probate court ventures to examine beyond the testamentary rights and determines proprietary civil rights of the parties involved.“…where the probate court travels beyond the statutory limits of testamentary jurisdiction and undertakes a comprehensive...
Uttarakhand High Court Seeks Status Of Investigation Against Gym Owner 'Mohammad Deepak', Details Of 'Donations' Received By Him
The Uttarakhand High Court today directed the State Government to file a status report regarding the investigation into multiple FIRs arising from the January 2026 Kotdwar incident involving Deepak Kumar alias 'Mohammad Deepak'. A Bench of Justice Rakesh Thapliyal also directed the petitioner (Deepak) to provide a clear account of the 'donations' credited to his bank account till...
Distance Bar For RTE Admissions In Private Schools Defeats Purpose Of Act: Bombay High Court Tells State To Scrap Limit
The Bombay High Court has directed the Maharashtra government to remove the distance limit imposed for admissions under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), observing that such restrictions may defeat the purpose of provision under Section 12(1)(c) of the RTE Act.A division bench of Justices Anil L. Pansare and Nivedita P. Mehta was hearing a public...