Wikipedia Moves Delhi High Court Against Order To Take Down Allegedly 'Defamatory' Content On ANI, Hearing Tomorrow

Wikimedia Foundation, which hosts Wikipedia platform, on Monday (April 7) moved the Delhi High Court against the order directing it to take down allegedly defamatory content and description of news agency ANI Media Private Limited.The matter was listed today before a division bench comprising Justice Navin Chawla and Justice Renu Bhatnagar. However, the matter could not be heard as one of...

Munambam Land Dispute: Kerala High Court Stays Order Cancelling State Appointed Inquiry Commission

The Kerala High Court on Monday ( April 7 ) passed an interim order staying the decision of single judge setting aside the appointment of Inquiry Commission set up by the State "to find a permanent solution" concerning dispute of land ownership between the residents of Munambam and the Waqf Board.A division bench of Chief Justice Nitin Jamdar and Justice S. Manu passed the interim order in...

Blanket Denial Of Premature Release To Person Who Murdered Woman Or Child Affects Their Human Rights, Not Conducive To Welfare State: Kerala HC

The Kerala High Court held that the State Government Order blanketly prohibiting premature release of persons convicted of murdering a woman is not conducive to a welfare state.“A blanket stance that a person who have murdered a woman or a child shall not be prematurely released de hors any other circumstances is not conducive to a welfare State” observed Justice Kauser Edappagath.The...

Awarded Amount Cannot Be Enhanced Under Section 34 Of Arbitration Act: Karnataka High Court

The Karnataka High Court bench of Mr Justice Hanchate Sanjeevkumar has held that the District Judge, while deciding a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), is not empowered to increase the amount awarded by the Arbitrator. The findings of the Arbitrator with respect to the awarded amount can only be set aside if they contravene any of...

Madhya Pradesh HC Upholds Order Rejecting Migrant Candidate's Nomination Form On Ground Of Not Submitting State Caste Certificate

The Madhya Pradesh High Court upheld a district court order which rejected a mayoral candidate's election petition–who migrated from Rajasthan–on the ground that her nomination papers were rightly dismissed by the electoral officer as she did not submit caste certificate issued by the competent authority of the state. In doing so the court relied on a circular issued by the state's...

Family Courts Are Governed By General Principles Of Delay & Laches, Not By Strict Provisions Of Limitation Act: Orissa HC

The Orissa High Court has ruled that the Family Courts are not governed by rigid limitation periods prescribed under the Limitation Act, 1963, rather the general principles of delay and laches apply to their adjudications.The Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash further held that disputes relating to 'marital status' of parties is a 'continuing cause...

Allahabad High Court Stays Criminal Proceedings Against AMU Student Booked Over Anti-CAA Protests In 2020

The Allahabad High Court last week stayed the entire criminal proceedings against a 25-year-old student of the Aligarh Muslim University (AMU) who is facing a 2020 FIR on the allegations of raising slogans during the CAA-NRC protests and thereby disobeying a public servant's order. The petitioner, Misbah Qaiser, a B.Arch. Student at the university had been booked under Section...

Uttarakhand HC Stays Enforcement Directorate's Order To Provisionally Attach Property Worth ₹70 Crore Linked To Congress Leader

The Uttarakhand High Court last week stayed an order issued by the Enforcement Directorate (ED) to provisionally attach approximately 101 Bighas of land, worth over ₹70 crore, which is linked to former minister and Congress leader Harak Singh Rawat. The ED took this action in January this year under the Prevention of Money Laundering Act (PMLA) 2002, claiming that the registered...

Limitation Cannot Be Decided As Preliminary Issue Without Recording Whether It Is A Mixed Question Of Law And Fact: Bombay High Court

The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that an arbitrator is not permitted to decide the issue of limitation as a preliminary issue without first recording a finding as to whether it is a mixed question of law and fact that requires evidence to be led. It further held that if such a finding is not recorded and the issue is...

Accused Cannot Be Put Under Preventive Detention On Grounds That Releasing Him On Bail Affects Public Confidence: J&K High Court

The Jammu and Kashmir High Court held that mere fact that a person has secured bail from the court cannot be grounds for imposing preventive detention on the pretext of an apprehension that enlargement of the detenu will have an impact upon public faith. The respondents had argued that that since detenu “managed” to get bail in the said case showing that normal law has...

Supreme Court Colleguim Recommends Appointment Of P&H HC Judge Justice Arun Palli As Chief Justice Of J&K&L HC

Supreme Court Colleguim on Saturday recommended appointment of Justice Arun Palli, Judge, High Court of Punjab & Haryana, as Chief Justice of High Court of Jammu & Kashmir and Ladakh.Justice Palli was designated as a Senior Advocate on April 26, 2007. He served as Amicus Curiae in various contentious matters before the High Court, addressing diverse subjects and legal propositions...

Not An Illegal Migrant, Can't Be Left Stateless: Bombay HC Asks Authorities To Decide Citizenship Plea Of Woman Living In India For 60 Yrs

The Bombay High Court recently ordered the Deputy Collector of Mumbai to decide an application filed by a septuagenarian 'Stateless' woman, who has sought Indian Citizenship after spending 60 years in the country. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the petitioner Ila Popat–born in September 1955–had entered India along with her...