All High Courts
'Not Proper At This Stage': Kerala High Court Refuses To Quash Order Restraining Construction Of Commercial Kiosks In Queen's Walkway
The Kerala High Court recently dismissed an appeal preferred by Goshree Islands Development Authority seeking to set aside a Single Bench's order restraining the construction/installation of commercial kiosks on Queen's Walkway in Ernakulam.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar remarked that it would not be proper for it to consider the appeal...
Delimitation Is A Legislative Function: Punjab & Haryana High Court Dismisses Challenges To Municipal Ward Notifications
The Punjab & Haryana High Court has held that the process of delimitation of wards of Municipal Councils and Municipal Corporations cannot be set aside merely on the ground of alleged violation of principles of natural justice. The Court observed that delimitation is a legislative function and once the prescribed procedure under the governing rules is followed, such exercise is not open...
Delhi High Court Protects Personality Rights Of Actor Mohanlal Against AI-Generated Content, Unauthorized Merchandise
The Delhi High Court has passed a john doe order protecting the personality rights of veteran Malayalam actor Mohanlal. Justice Jyoti Singh restrained multiple entities, including unknown entities, from unauthorized commercial exploitation of his personality attributes, including through AI-generated content.The Court held that the actor had made out a prima facie case for protection of...
Role Of A Judge Often Requires Taking Unpopular Or Inconvenient Decisions: Justice Vikram Nath
Supreme Court Justice Vikram Nath on Saturday (April 4) said that the role of a judge often demands courage to take decisions that may be unpopular or inconvenient, emphasizing that judicial independence is sustained by the willingness to uphold the law even under public scrutiny.Speaking at a two-day Annual Conference of Judges of the District Judiciary on the theme "Re-shaping Dispensation...
Unidentified Minors No Ground To Drop POCSO Charges In Cases Involving Child Sexual Exploitation Material: Delhi High Court
The Delhi High Court has held that the absence of identifiable child victims or conclusive proof of their age cannot be a ground to discharge accused persons under POCSO Act in cases involving child sexual abuse material (CSEM).Justice Swarana Kanta Sharma observed noted that in majority of CSEM cases, children remain unidentified and untraceable, and cannot be produced before the Court,...
'Intellectual Disability Results In Lifelong Impairment': Kerala HC Assesses Functional Disability Of Child Injured In Road Accident At 100%
The Kerala High Court recently considered an appeal seeking enhancement of compensation awarded by a Motor Accidents Claims Tribunal to a child, who suffered intellectual disability, following an accident.Justice Sobha Annamma Eapen interacted with the injured person and opined that her functional disability should be assessed as 100% since intellectual disability results in...
Bombay High Court Slams Party For Obstructing 2011 Eviction Decree; Imposes 25K Costs & Orders Immediate Possession Warrant
The Bombay High Court has held that it cannot remain a mute spectator when execution of its orders is kept pending for an indefinite period despite there being no subsisting restraint. The Court observed that a decree which remains unexecuted defeats the very purpose of justice, and delay in execution deprives the decree holder of the fruits of the litigation.Justice Ajit B. Kadethankar...
Delhi High Court Upholds Conviction Of Lawyer, Cop For Falsely Implicating Man In Gang Rape Case And Tortured In Police Custody
The Delhi High Court has upheld conviction of a lawyer and a cop for extortion and falsely implicating a man, now deceased, in a false gang rape case who was later on beaten up and tortured in police custody. Justice Chandrasekharan Sudha said that a strong message must be sent to the people occupying positions like a lawyer or a police officer that Courts would not treat such crimes lightly...
Pay Parity Can't Be Claimed On Common Recruitment When Pay Commission Maintains Cadre Distinction: Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that pay parity cannot be claimed solely on basis of historical parity, common recruitment, or similar designation and overlap in functional duties, when the Pay Commission has maintained a distinction between different service cadres i.e. Secretariat and...
Challenging Ex-Parte Maintenance Order? File Recall Plea U/S 145(2) BNSS Before Moving HC, Clarifies Allahabad High Court
The Allahabad High Court recently observed that a party wishing to challenge an ex parte maintenance order passed under Section 144 BNSS/Section 125 CrPC can't directly file a criminal revision plea in the High Court. A bench of Justice Jai Krishna Upadhyay clarified that an aggrieved party must first approach the Family Court or Judicial Magistrate under Section 145 (2) BNSS/Section...