Outstanding Sportsperson Quota: Rajasthan High Court Prescribes Five-Step Scrutiny, Seeks Reconsideration Of Nursing Officer Candidates

While hearing a bunch of petitions by candidates for the post of Nursing officer, seeking their consideration under Outstanding Sports Person Category, Rajasthan High Court held that such claims had to be examined by the concerned State body in accordance with policy of State mentioned in the circular dated May 27, 2022 by the Department of Personnel (K-2). The bench of Justice Ashok Kumar...

Landowner Who Enjoyed Planning Benefits For Decades Barred From Reclaiming Land Surrendered Under Development Plan: Bombay High Court

The Bombay High Court has held that where a landowner voluntarily agrees to surrender land reserved for a public purpose under a sanctioned Development Plan, free of cost but in consideration of tangible planning benefits such as waiver of compulsory open space requirements or grant of higher Floor Space Index (FSI), such surrender constitutes a valid acquisition by agreement under...

Thiruparankundram Hill Row: Madras High Court Asks Why No Trespass Complaint Filed Against Dargah For Hoisting Flag On Temple Property

The Madras High Court, on Friday, asked the Executive Officer of Arulmigu Subramania Swamy temple in Thiruparankundram why a complaint was not lodged against the dargah management for trespassing into the property belonging to the Devasthanam, purportedly for hoisting a flag in connection with the Dargah's santhanakoodu festival.Justice GR Swaminathan questioned the temple management on how...

Kerala High Court Allows Additional Entry Of Changed Name In Marriage Register After Wife's Religious Conversion

While dealing with an inter-religious marriage under the Special Marriage Act, the Kerala High Court has held that if a spouse wishes to convert their religion, an additional entry can be incorporated in the marriage register to record his/her new name.Justice P.V. Kunhikrishnan thus directed the Registrar of Marriages, Panchayat Secretary concerned and other authorities to incorporate...

Arbitration Clause Cannot Be Invoked Once Loan Contract Is Exhausted: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a civil suit seeking damages for harassment and mental agony on account of non-issuance of a No Objection Certificate could not be linked to the original loan agreement once the loan was fully repaid. The Court remarked that the loan contract had been exhausted upon complete repayment of the loan amount, and therefore, the subsequent claim for...

Rajasthan High Court Flags Inclusion Of Scheduled Areas Within Municipalities' Limits Due To Legal Vacuum, Issues Hybrid Arrangement

The Rajasthan High Court expressed “serious constitutional concern” wherein Scheduled Areas were being included within municipal corporations' limits in the absence of a legal framework owing to prolonged non-enactment of Municipalities (Extension to the Schedules Area) Bill 2001 (MESA). The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Sanjeet Purohit said that in...

'Producers Tried To Put Pressure': Madras High Court Stays Order Directing CBFC To Grant U/A Certificate To Vijay's 'Jana Nayagan' Film

The Madras High Court on Friday (January 9) temporarily stayed the single judge's order delivered earlier today directing CBFC to forthwith grant U/A Certificate for Tamil film 'Jana Nayagan' starring Vijay. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan in its order dictated:"Respondent Union of India was not given sufficient time..one main grievance...

'Prima Facie Contempt': High Court Slams UP DGP's Circular Limiting CCTV Storage To 2 Months Despite SC Mandate Of 6-18 Months

The Allahabad High Court (Lucknow Bench) on Tuesday questioned the circular issued by the UP's Director General of Police (DGP), in June last year, which provides for the storage of CCTV footage in police stations across the state only for the last 2 to 2.5 months.A Bench of Justice Abdul Moin and Justice Babita Rani termed the circular as extremely strange and observed that the same was...

Section 498A IPC Targets Only Grave Cruelty, Not Incompatibility Or Imperfect Marriages: Karnataka High Court

While quashing a 498-A IPC case registered by a woman against her husband and in-laws the Karnataka High Court said “The law does not criminalize incompatibility, nor does it punish imperfect marriages. Section 498A of the IPC is not a panacea for all matrimonial ills.” A single judge, Justice M Nagaprasanna said that “It is a targeted provision meant to address grave cruelty, conduct...

Gujarat High Court Directs No Coercive Action Against Surat's 'Palace Of Sachin'

The Gujarat High Court on Friday (January 9) directed no coercive action against 'Palace of Sachin' located in Surat, after members of the royal family of Sachin moved the court seeking protection of the palace from any such action. During the hearing senior counsel appearing for the petitioners submitted before Justice Mauna M Bhatt, "We have agreed to surrender some portion of the...

Public Servant Must Be Heard Before PC Act Sanction When Request Not Made By Police Or Law Enforcement Authority: Kerala High Court

The Kerala High Court recently ruled that the sanction to prosecute a public servant under the Prevention of Corruption (Amendment) Act, 2018 cannot be accorded without hearing the public servant concerned when the request is made by a person other than a police officer or other law enforcement authority.Justice A. Badharudeen was considering a plea preferred by a person who was directed by...

Rape By Father 'Transcends Ordinary Criminality'; Victim-Daughter's Testimony Sufficient: Rajasthan High Court

While dismissing an appeal against a rape conviction in a POCSO Case, the Rajasthan High Court held that the testimony of the victim herself, being the daughter of the convict, constituted the best possible evidence of the occurrence, since there was no reason for her to falsely implicate her own father. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma...