'Right To Life Includes Safe Highways': Rajasthan High Court Orders Removal Of All Encroachments Including Religious Ones Within 2 Months

While taking judicial notice of large-scale encroachments, including religious structures, within the Right of Way (ROW) of National Highway across Rajasthan, the High Court has directed their removal or suitable relocation within a period of 2 months.The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Sandeep Shah observed that the lack of inter-department coordination...

UP Govt Admits Woman Died Due To Wrong Blood Transfusion At SRN Hospital; High Court Forms Panel To Fix Lapses, Mulls Compensation

The Uttar Pradesh Government recently admitted before the Allahabad High Court that a woman patient admitted at Swaroop Rani Hospital in Prayagraj died last year due to the transfusion of the wrong blood group. A bench of Justice Atul Sreedharan and Justice Siddharth Nandan recorded the State's submission and immediately directed the formation of a high-level committee to...

Calcutta High Court Acquits Convicts In Almost 40-Year-Old Culpable Homicide Case, Cites Witnesses' "Unnatural Conduct"

The Calcutta High Court has set aside the conviction of several persons in a nearly four-decade-old culpable homicide case, holding that the prosecution failed to prove its case beyond a reasonable doubt as the evidence of related eyewitnesses was riddled with contradictions, their conduct appeared wholly unnatural, the very genesis of the FIR was doubtful, and the investigation suffered...

Changing Rules Midway Vitiates Recruitment, Mere Participation Of Candidates Does Not Create Estoppel & Cure Illegality: J&K&L High Court

Reaffirming a fundamental principle of public employment law, the High Court of Jammu & Kashmir and Ladakh has held that a recruitment process stands vitiated ab initio if the selecting authority alters or expands eligibility criteria midstream or applies un-notified qualifications, and mere participation of candidates does not create estoppel nor cure such illegality. The Court ruled...

Land Acquisition Award Can Be Executed Through Multiple Petitions Till Full Realisation; S.38 CPC Not Applicable: Calcutta High Court

The Calcutta High Court has held that a land acquisition award, which is treated as a decree by legal fiction, can be executed through multiple execution petitions until the entire decretal amount is realised, and that such execution proceedings are not barred by Section 38 of the Code of Civil Procedure since the award is not a decree actually passed by a civil court.A Division Bench...

Rajasthan HC Acting CJ Orders Action Against 8 Judicial Officers After Finding Them Absent During Surprise Inspection At District Court

In a significant administrative action, the Acting Chief Justice of the Rajasthan High Court, Acting Chief Justice Sanjeev Prakash Sharma, conducted a surprise inspection of the District Court at Jodhpur today and found eight judicial officers—including the District & Sessions Judge—absent from the dais during court hours in the morning.During the inspection, several courtrooms were...

Right To Travel Not Absolute In Economic Offences: Calcutta High Court Declines Relief To Ex-Pharma Employee In ₹1300 Crore SFIO Probe

Refusing to interfere with a Look Out Circular (LOC) issued in connection with a large-scale corporate fraud investigation, the Calcutta High Court held that when an individual has permanently settled abroad, failed to respond to summons and there exists a real apprehension of evasion of prosecution, the investigating agency is justified in preventing departure from India. The Court observed...

Accusing Wife Of Extramarital Affair Is Mental Cruelty, Ground To Live Apart: Karnataka High Court Denies Divorce To Husband Claiming Desertion

The Karnataka High Court has upheld an order denying divorce to a husband claiming desertion, observing that mere accusation of the wife having an extra-marital affair amounts to mental cruelty and would be a cogent reason for her to live apart. The court was hearing the husband's appeal challenging a family court order dismissing his plea for divorce under Section 13(1(b) of Hindu Marriage...

Contractual Loan Dispute Over Alleged Excess Charges Not Cheating Or Breach Of Trust: Calcutta High Court Quashes Case

Observing that a dispute arising out of foreclosure charges and alleged excess recovery under a loan agreement is essentially contractual in nature and cannot be converted into a criminal prosecution for cheating or criminal breach of trust, the Calcutta High Court has quashed criminal proceedings initiated against Tata Capital Finance Ltd. and its officials. The Court held that even an...

Shocking That Ancient Temple Structures Are Let Out For Rent By HR&CE Unmindful Of Their Responsibility: Madras High Court

The Madras High Court has expressed shock over ancient temple properties being let out on rent by officials of the Hindu Religious and Charitable Department without taking steps to protect the structure. Noting that the Joint Commissioner of the HR & CE was involved in the exploiting of the temple property for financial gain, the bench of Justice G Jayachandran and...

Rahul Gandhi Had No Nexus With Alleged Defamatory Publication: Karnataka High Court While Quashing BJP's Defamation Case

The Karnataka High Court on Tuesday (February 17) quashed proceedings against Congress leader Rahul Gandhi in a criminal defamation case filed by State BJP over an alleged defamatory advertisement and related social media posts, holding that the party was not the aggrieved person. In doing so the court further held that except for the use of his photo, Gandhi had no nexus with the...

Failure Of Joint Real Estate Deal Due To Non-Performance Of Contract Is Civil Wrong, Not Criminal Offence: Calcutta High Court

Holding that the collapse of a joint real estate development arrangement cannot automatically attract criminal prosecution, the Calcutta High Court has ruled that disputes arising out of non-performance of contractual obligations are essentially civil in nature and cannot be given a “criminal colour” in the absence of dishonest intention from the very inception. Observing that...