All High Courts
Jharkhand HC Quashes Provisions Of RTE Amendment Rules Levying Inspection Fee, Security Deposit On Private Schools
The Jharkhand High Court has partly allowed a batch of writ petitions challenging the Jharkhand Right of Children to Free and Compulsory Education (First Amendment) Rules, 2019. The Court struck down as unconstitutional the provisions requiring private schools to pay application and inspection fees and to maintain a security deposit for recognition, holding that the State lacked legal...
Allahabad High Court Stays UP Govt's Order Suspending DSP On Allegations Of Having An Extramarital Affair
In a relief to DSP Rank UP Police Officer, Mohammad Mohsin Khan, the Allahabad High Court has stayed the State Government's order suspending him on the charges of being in a sexual relationship with another woman despite being married. Khan, who is also facing an FIR under Section 69 BNS [Sexual intercourse by employing deceitful means, etc] lodged by an IIT-Kanpur student, was...
Gauhati HC Directs Repatriation Of Nigerian Citizen Illegally Detained For 1457 Days Despite Serving His Sentence
The Gauhati High Court has asked the Assam and Central governments to take appropriate action to repatriate a Nigerian citizen, who has been in illegal detention for 1457 days after serving his sentence, failing which the court said that it will be compelled to release the individual. A division bench comprising Justice Kalyan Rai Surana and Justice Malasri Nandi was hearing a petition filed...
Passport Authority Cannot Decide If Accused Has Right To Travel Abroad, Such Power Is Only Vested In Trial Court: Gujarat High Court
The Gujarat High Court recently observed that passport authorities do not have any authority to decide whether an accused has the right to travel abroad as such an authority is only vested with the Trail Court which may impose conditions, if accused moves a travel plea. In doing so, the Court directed the Passport Authority to renew the petitioner-accused's passport for a period of 10 years...
Singer Sonu Nigam Moves Karnataka HC To Quash FIR For Allegedly Hurting Sentiments Of Kannadiga Community During Music Concert
Singer Sonu Nigam has moved the Karnataka High Court seeking to quash an FIR registered against him for allegedly making an objectionable statement during a music concert in Bengaluru, when a group of audience members demanded that he sing Kannada songs.A vacation bench of single Judge Shivashankar Amarannavar heard the matter on Tuesday (May 13) and posted it for hearing on May 15. Nigam...
S.70 BSA Cannot Dilute Mandatory Provisions For Proving A 'Will' Laid Down U/S 63(c) Indian Succession Act: Kerala High Court
The Kerala High Court has held that the aiding provision of Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 or the corresponding Section 71 of the Indian Evidence Act cannot be resorted to by the propounder of a Will by diluting the mandatory provisions under Section 63(c) of the Indian Succession Act.Justice M.A. Abdul Hakim clarified the position of law while hearing a second appeal...
'Preventive Detention Is A Double-Edged Sword': J&K High Court Quashes PSA Detention Against Advocate Muhammad Ashraf Bhat
The High Court of Jammu & Kashmir and Ladakh has quashed the Public Safety Act (PSA) detention of Advocate Muhammad Ashraf Bhat, who previously served as secretary of the erstwhile Kashmir Bar Association.A bench of Justice Rahul Bharti quashed the detention order after pointing to the serious nature of preventive detention laws being a double-edged sword that can deeply impact both those...
Winding Up Petitions Under Companies Act Not At Irreversible Stage, Should Be Transferred To NCLT For Revival Under IBC: Himachal Pradesh HC
The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Sushil Kukreja has held that unless the corporate debtor's demise is inevitable or the winding-up proceedings under the Companies Act have reached an irreversible stage making revival impossible, every effort must be made to revive the company. Accordingly, all such winding-up petitions should be transferred...
Relief To Lok Sabha Speaker Om Birla's Daughter: Delhi HC Directs Google, X To Remove 'Defamatory' Posts Doubting Her UPSC Qualification
The Delhi High Court on Tuesday closed the defamation suit filed by IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, against social media posts alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.Justice Jyoti Singh decreed Birla's suit filed against X, formerly Twitter, Google and John Doe...
CIC Appointed Prior To 2019 RTI Amendment Act Entitled To Pensionary Benefits Equivalent To Retired Supreme Court Judge: Kerala High Court
The Kerala High Court quashed State Government's letter to the former State Chief Information Commissioner (SCIC) informing him that he cannot be given pensionary benefits equivalent to a retired Supreme Court Judge.The Principal Secretary had informed the former SCIC that the State was not in a position to consider the Chief Information Commissioner at par with the retired Supreme Court...
Gujarat High Court Permits Termination Of Minor Rape Survivor's 33-Week Pregnancy, Says She Has A Long Life Before Her
The Gujarat High Court on Monday (May 12) directed the medical termination of a minor rape survivor's 33-week pregnancy, ordering the authorities to carry out the procedure at the earliest after obtaining "express consent" of the parents and explaining the risks to them in the language they understand. Justice Nirzar S Desai passed the order after examining a report submitted by senior...
Guardian & Wards Act | Child's 'Ordinary Residence' For Court's Jurisdiction Need Not Be Permanent Residence, It's A Question Of Fact: P&H HC
The Punjab & Haryana High Court has made it clear that for determining Court's jurisdiction "ordinarily resident" of child need not be permanent or or uninterrupted residence.According to Section 9 of the Guardians And Wards Act, if the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where...