Revenue Courts Deciding Land Ownership, Tenancy Rights Without Any Judicial Training: Rajasthan High Court Calls For Structural Reforms

While taking note of lack of legal education and training to the officers posted in Revenue Courts and Revenue Appellate Courts (collectively referred to as “Revenue Courts”), as well as the huge pendency in these courts, Rajasthan High Court suggested necessary proactive and corrective measures.The bench of Justice Anoop Kumar Dhand opined that the orders passed by Revenue Courts...

Party Can't Suffer Consequences Due To Counsel's Negligence: Rajasthan High Court Restores Criminal Appeal Dismissed For Non-Appearance

Rajasthan High Court has set aside a Sessions Court order dismissing an appeal against conviction under Section 138 NI Act over non-appearance of the appellant's counsel.Opining the judgment to be passed in a "mechanical and cursory manner", without application of mind and against the principle of natural justice, the bench of Justice Manoj Kumar Garg held that a party could not be allowed...

Press Freedom To Be Protected, Criminal Complaints Can't Be Filed Based On Interpretations Of News Reports : AP High Court

The Andhra Pradesh High Court had quashed criminal proceedings against a Senior Journalist and Editor of Sakshi Daily Newspaper, who was charged under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) for publication of an article titled “Ummadi Krishnajillalo Arachakam”, which was alleged to be premised on false information having the potential to instigate violent riots and mislead...

Sending Text Messages With Foul Language Not Offence Of Stalking Under S.354D IPC: Karnataka High Court

The Karnataka High Court recently dropped charges of stalking levelled against a man saying that merely sending text messages to the complainant (victim) containing foul language does not constitute the offence of stalking under Section 354D of the Indian Penal Code (IPC). Section 354-D deals with stalking. Any man who follows a woman and contacts or attempts to contact such a...

Kerala High Court Upholds Order Quashing Governor's Appointment of Temporary VCs In Two Universities

The Kerala High Court on Monday (July 14) upheld the orders declaring appointments of Dr. K. Sivaprasad and Dr. Ciza Thomas as temporary Vice Chancellors of APJ Abdul Kalam Technological University (KTU) and Kerala University of Digital Sciences Innovation and Technology respectively, by the former Governor were not sustainable in law.The appointments was made in November 2024 by the...

Principle Of 'No Work, No Pay' Inapplicable When Termination Is Illegal: J&K High Court Grants Back Wages To Ex-Bus Conductor

The Jammu & Kashmir High Court has partially upheld a writ court's order directing reinstatement of a conductor wrongfully terminated by the State Road Transport Corporation (SRTC), holding that while the employee is entitled to reinstatement, full back wages cannot be awarded in the absence of pleadings regarding gainful employment.A Division Bench of Justice Sanjay Parihar and...

Bombay HC Directs Amazon To Comply With Arbitral Tribunals' Interim Orders, Delist All Victorinox Products Being Sold By Ex-Dealer

The Bombay High Court has directed Amazon Seller Services Pvt. Ltd. to immediately delist all Victorinox-branded products being sold by its former dealer, Gute Reise India Pvt. Ltd., in compliance with an arbitral tribunal's interim order. The Court held that online platforms must act swiftly to enforce tribunal directions.Justice Somasekhar Sundaresan was hearing an urgent commercial...

Limitation For Filing Appeal Under Co-op Societies Act Starts When Order Copy Is Attained, Even If Passed In Presence Of Parties: Kerala HC

The Kerala High Court has held that while filing an appeal under Section 82 of the Co-operative Societies Act, the time taken for obtaining a copy of the award must be excluded for computing the period of limitation. It was observed that a rule which had earlier allowed limitation to be calculated from the date of pronouncement of the order had been amended in the year 2000, instead...

Suit Cannot Be Dismissed On Grounds Of Res Judicata Without Giving Party An Opportunity To Respond: Bombay High Court

The Bombay High Court has ruled that the bar of res judicata under Section 11 of the Civil Procedure Code (CPC) cannot be invoked for the first time in a final judgment without framing an issue or giving parties an opportunity to respond. It has set aside a single judge's judgment that dismissed a suit invoking res judicata at the decree stage without prior notice.A division bench of...

If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High Court

The Jammu & Kashmir High Court has held that in the absence of a Waqf Tribunal constituted under Section 83 of the Waqf Act, the bar on civil court jurisdiction under Section 85 of the Act does not apply. The court said that litigants cannot be left remediless where no forum exists for adjudicating waqf-related disputes.A bench of Justice Sanjay Dhar dismissed the revision...

Himachal Pradesh High Court Cautions State Against Filing Repeated Appeals In Similar Matters, Causing Undue Harassment To Poor Litigants

The Himachal Pradesh High Court has cautioned the State against filing similar appeals in similar matters, as it causes undue harassment to people belonging to the lowest strata of society.Justice Vivek Singh Thakur & Justice Ranjan Sharma: “Respondents-State is preferring similar appeals in similar matters again and again, which is not only causing wastage of time, energy and resources...

Can Lack Of Intention Wipe Out Conduct?: Gujarat High Court To Senior Advocate Seen With Beer Mug On VC

While hearing a suo motu contempt plea against senior advocate Bhaskar Tanna for appearing on VC while drinking from a beer mug, the Gujarat High Court on Monday (July 14) orally said that while it knows that the senior advocate did not have any intention behind such conduct but wondered whether lack of intention can erase the contemptous conduct.For context, the incident in question took...