All High Courts
Fee Fixation Panel Should Interfere Only When Fee Shocks Conscience; Cannot Micromanage Every Private School: J&K&L High Court
The Jammu and Kashmir High Court has held that the Fee Fixation and Regulation Committee (FFRC) is not expected to undertake an exhaustive scrutiny of the fee structure of every private educational institution and should ordinarily interfere only where the proposed fee structure shocks its conscience or indicates clear commercialisation or profiteering.Dealing with a challenge to...
Power Company Can't Claim Negligence By Deceased Who Died After Coming In Contact With Hanging Live Wire: Gujarat High Court
The Gujarat High Court dismissed an appeal by power company Paschim Gujarat Vij Co Ltd challenging trial court order granting compensation to the kin of a man who died on spot after coming in contact with a live wire while he was walking over a lake embankment. In doing so the court held that the company cant claim negligence by the deceased specially when its own live wires were hanging...
Spurious Liquor Death: Punjab & Haryana High Court Refuses Bail To Man Accused Of Supplying ENA, Orders Expeditious Trial
Observing that refusal of bail in serious offences must be balanced with the constitutional mandate of speedy trial, the Punjab and Haryana High Court held that where bail cannot be granted despite prolonged custody, courts must ensure expeditious conclusion of trial to prevent a “travesty of justice.”The court was dealing with a case involving an accused who had allegedly supplied...
Retention Of Property By State After Lease Expiry Violates Article 300A: Calcutta High Court Upholds Eviction, Imposes 50K Cost
The Calcutta High Court has held that the State cannot continue to occupy private property once the lease has expired and the requisition order has been quashed, observing that such continued occupation would amount to an illegal deprivation of property.The Court further imposed personal costs of ₹50,000 on the Director of the concerned State Directorate for resisting compliance with...
Calcutta High Court Sets Aside Bank Employee's Dismissal For Alleged ₹38 Lakh Pension Fraud, Says Authority's Findings Based On No Evidence
The Calcutta High Court has set aside the dismissal of a bank employee accused of involvement in an alleged pension account fraud of ₹38.67 lakh, holding that the disciplinary authority's finding of misappropriation was based on no evidence and mere conjectures.Justice Partha Sarathi Chatterjee observed that even in a departmental proceeding, the conclusion of guilt must be supported by...
Mutation Attested In Violation Of Agrarian Reforms Act Procedure Can Be Examined In Revision: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that where mutation proceedings under the Agrarian Reforms Act are conducted in violation of the statutory procedure governing their attestation, the revisional authority is competent to exercise jurisdiction and examine the legality of such mutations. The Court added that attestation of mutations contrary to the prescribed...
Senior Advocate Kirti Uppal Raises Concerns Over Arvind Kejriwal's Letter Seeking Transfer Of Excise Policy Case From Sitting Judge
Senior Advocate Kirti Uppal has written to the Chief Justice of the Delhi High Court raising serious concern over a recent letter written by AAP chief Arvind Kejriwal seeking transfer of CBI's excise policy case from Justice Swarana Kanta Sharma to another bench.Uppal has termed the move as an attempt to undermine the independence of the judiciary by publicly imputing bias to a sitting judge...
Patna High Court Seeks State's Response On Permitting Settlement Of Traffic Challans In Lok Adalats
The Patna High Court has asked the State of Bihar to respond on whether traffic challan matters can be taken up for settlement in Lok Adalats.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Alok Kumar Sinha was hearing a writ petition seeking directions to the authorities to issue clear instructions regarding the hearing and settlement of compounding cases relating...
'Mere Delay In Trial Cannot Be Used As Grounds For Bail': Jharkhand High Court Refuses Bail To UAPA Accused
The Jharkhand High Court recently refused to grant bail to an accused booked under the Unlawful Activities (Prevention) Act, 1967, observing that mere delay in trial or prolonged custody cannot by itself be a ground for granting bail.A Division Bench of Justice Sujit Narayan Prasad and Justice Gautam Kumar Choudhary was hearing an appeal filed under Section 21(1) of the National...
'Can ED Add Predicate Offences From Different FIRs Through Addendums In ECIR?' Karnataka HC Asks In Money Laundering Case
The Karnataka High Court heard detailed submissions challenging the Enforcement Directorate's (ED) action of adding predicate offences through addendums to an Enforcement Case Information Report (ECIR). The said ECIR is a part of the money laundering investigation against 'Puppys Tours & Travels” and other connected parties.The single judge bench of Justice M. Nagaprasanna was hearing...
Failure To Examine Forensic Experts Whose Reports Are Relied Upon Vitiates Trial: Bombay High Court
The Bombay High Court has held that failure to summon and examine forensic experts whose reports are relied upon by the trial court vitiates the trial and constitutes a failure of justice. The Court observed that the whole purpose of the trial is to ascertain the truth of the matter and all steps in the direction of unearthing the truth ought to be taken by the Court, even if the prosecution...
'Will Blanket Ban On Meetings Not Infringe Article 19?': Delhi High Court Issues Notice To DU, Delhi Police On Campus Protest Prohibition
The Delhi High Court on Thursday (March 12) issued notice on a petition challenging orders imposing ban on public meetings inside Delhi University.For context, on February 17, the proctor of the University had issued orders prohibiting for one month, public meetings, processions, demonstrations and protests of any kind on the University campus. During the hearing today a division bench of...