All High Courts
Local Commissioner Can Submit Report On Physical Features Of Land For Deciding Interim Injunction Application: J&K High Court
The Jammu and Kashmir High Court said that local commissioners appointed by the court are well within their rights to submit a report regarding the physical features existing on the spot of land for the purpose of deciding the application filed under Rules 1 and 2 of Order 39 of the Civil Procedure Code 1908.The court made the above observation while hearing the petition challenging the order...
Lawyer Moves PIL Before Kerala High Court Challenging Toll Collection In National Highway
A public interest litigation (PIL) has been filed before the Kerala High Court by a lawyer based in Thrissur challenging the toll collection in Paliyekkara Toll Plaza (Thrissur district) on NH 544.According to the petitioner, there is severe traffic congestion in the Mannuthy–Edappally stretch of NH 544, particularly near the Paliyekkara Toll Plaza, due to ongoing construction, especially...
Whether Grounds Of Arrest Should Be Supplied Before Arrest? P&H High Court Chooses To Await Supreme Court's Decision
The Punjab and Haryana High Court remarked that when the Supreme Court itself has expressed doubts regarding the practical implementation of the judgment mandating supply of grounds of arrest, it would be appropriate to await the verdict of the Apex Court on the issue.Chief Justice Sheel Nagu said, "the decision of the Apex Court rendered in Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273,...
'Condition Of Ashtamudi Land Is A Matter Of Concern': Kerala HC Proposes Constitution Of Ashtamudi Local Wetland Authority
The Kerala High Court has directed to constitute Ashtamudi Local Wetland Authority/ sub- committee for the protection and conservation of Ashtamudi wetland.The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji has made this orders in a petition filed by Advocate Boris Paul pointing towards the waste dumping and illegal encroachments in Ashtamudi lake. Ashtamudi Lake in...
Chhattisgarh High Court Orders ₹2 Lakh Compensation To Woman For Custodial Death Of Son Labelled By Authorities As 'Fall On Railway Line'
The Chhattisgarh High Court has ordered the State to pay rupees two lakhs compensation to a woman whose son died while in police custody. The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru reiterated that the State is liable to pay compensation in case infringement of right to life is established.“The Courts have time and again deprecated such conduct on the part...
Humanity Has Suffered Enough Environmental Damage: Punjab & Haryana High Court Denies Pre-Arrest Bail To Man Accused Of Illegal Mining
"Humanity has suffered enough environmental damage," observed the Punjab and Haryana High Court as it refused to grant pre-arrest bail to a man accused of illegal mining.Chief Justice Sheel Nagu said, "that humanity has suffered enough environmental damage especially to the river as well as to the environment at large, the offence of illegal mining in rivers needs to be taken in all...
“Favouritism”: J&K High Court Quashes Tenders Awarded To Johnson & Johnson, SR Technomed Over Bias And Arbitrariness
The Jammu & Kashmir High Court has set aside rate contracts awarded by the Jammu and Kashmir Medical Supplies Corporation Ltd. (JKMSCL) for supply of suture materials stating “clear arbitrariness, procedural violations, and institutional favouritism” in favour of two long-time vendors.A bench of Justice Moksha Khajuria Kazmi observed that financial bids were opened and contracts...
Registrar Cannot Cancel Marriage Certificate Without Proof Of Fraud Or Improper Registration: Kerala High Court
The Kerala High Court has held that a Registrar of Marriages cannot cancel a marriage certificate unless it is proved that the registration was either fraudulent or improperly made.Justice C.S. Dias delivered the judgment in a writ petition filed by petitioners who had jointly applied for the cancellation of their marriage registration, arguing that the marriage was not validly solemnised...
Selection Process Cannot Be Kept Open Indefinitely, Violates Article 14: Punjab & Haryana High Court
The Punjab & Haryana High Court has refused to interfere in 2014 advertisement for the post of Forest Guard observing that the selection process cannot be kept open indefinitely as the same would be violative of Article 14.Justice Vinod S. Bhardwaj said, "The selection process cannot be kept open indefinitely. Keeping a selection process open-ended undermines the certainty and...
'Prima Facie Appears State Is Trying To Reintroduce Same Classes Of OBC Reservations Which Were Struck Down': Calcutta High Court
The Calcutta High Court while putting a stay on the notification by which the state government had ordered the preparation of a new list for Other Backward Caste (OBC) classes in the state, has held that it prima facie appeared that the state was trying to reintroduce the same OBC classes and percentage of reservations which had been struck down by a division bench of the court, and upheld by...
Bank's Right Of Recovery Under RDB Act Prevails Over State's Right Under VAT Act Due To Priority Given To Secured Creditors: AP High Court
The Andhra Pradesh High Court has upheld the right of Central Bank of India (petitioner) to recover its secured debts by sale of the mortgaged assets under the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act), and has ruled that it assumes priority over the claims of the State Government for recovery of dues under the Andhra Pradesh Value Added Tax Act, 2005 (AP VAT Act).On account...
Korba Gangrape-Murder | 'Shocks Conscience But Not Rarest Of Rare Case': Chhattisgarh HC Commutes Death Penalty Of 5 Men
The Chhattisgarh High Court last week commuted the death sentence of five accused who were convicted in January this year for gangraping and killing a 16-year-old girl and the murder of her two family members in 2021. While upholding their conviction, a bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru noted that the trial Court had failed to take into...