Punjab & Haryana HC Declares Haryana Govt Notification Curtailing Land Rights Of 'Dholidars' As Unconstitutional

The Punjab and Haryana High Court has declared the Haryana Government's notification unconstitutional, which made the application of amendments under the Haryana Dholidar, Butimar, Bhondedar, and Muqararidar (Vesting of Proprietary Rights) Act retrospective.The petitioners, who had been recorded as occupancy tenants (Dholidars), sought protection of their property rights, arguing that...

Unauthorised Use Of Woman's Photos | Photgrapher Prima Facie Guilty Of Breaching Her Privacy, Not Parties Who Used Photos To Advertise: Bombay HC

While hearing the plea of a woman, who has accused Maharashtra and Telangana governments, Congress Party and other political parties' of 'unauthorisedly' using her photographs in advertising their different schemes, the Bombay High Court on Tuesday prima facie held that these parties or the governments are not at fault and instead, the 'blunder' is done by the photographer, who clicked...

'Concept Of 24x7 Convenience Shops Popular Worldwide': Bombay High Court Permits Retail Store In Pune To Operate For 24 Hrs

While observing that the concept of '24x7' shops have become a popular one worldwide, the Bombay High Court on Tuesday permitted a convenience retail store in Pune to operate 24x7.The petitioner, which operates the retail store–'The New Shop'–had moved the court seeking a direction to the Pune police not to coerce and force the petitioner to shut its store and its operations after 10.00...

Child In Womb During Accident Entitled To Compensation Under MV Act: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a child in womb during motor vehicle accident is also entitled to compensation under the Motor Vehicle Act (MV Act).In the present case, the Court awarded an additional compensation of Rs.9.29 lakh in a motor accident claim.Justice Suvir Sehgal noted that, "no compensation has been awarded on the account of loss of estate and loss of consortium...

Virginity Test On Woman Violates Right To Dignity, Unconstitutional: Chhattisgarh HC Rejects Husband's Plea To Ascertain Wife's Virginity

The Chhattisgarh High Court has emphatically held that conducting virginity test on a woman is an affront to her right to life and dignity guaranteed under Article 21 of the Constitution and thus, no woman can be forced to undergo such test/procedure.The Single Bench of Justice Arvind Kumar Verma binned a plea made by the husband to conduct medical test on his wife to ascertain her virginity...

'With Rise In Property Prices, Values Are Declining': Punjab & Haryana HC Laments Increase In Property Disputes After Family Member's Death

"With time, with the rise in the prices of property, there has been a decline in values. Murders take place over property disputes and civil litigation has become the order of the day", observed the Punjab & Haryana High Court while flagging decline in family values amid rising land-dispute litigations.Justice Vikram Aggarwal said, "No doubt, such litigation and disputes have existed...

Karnataka HC Asks State To Provide Complete Plan To Protect Sanitation Workers During Heatwaves In Summer

The Karnataka High Court on Tuesday orally said that the state government should put in a complete plan in regard to steps to be taken to provide protection to powrakarmikas/sanitation workers during the summer months/heat wave in the state.Justice M Nagaprasanna said, “When this contingency happens every year, heatwaves will be there in several parts of the state during this period, why...

When Rights Of Minority Institutions Are Threatened, Courts Must Interfere To Reaffirm Foundational Ideas Of Justice & Equality: Madras HC

While reiterating that the UGC norms for the selection of Assistant professors and the Principal do not apply to minority institutions, the Madras High Court recently emphasised the need to protect the rights of minority institutions. Justice Anand Venkatesh remarked that the Constitution had included provisions to safeguard the rights of the minority institutions, to protect the...

'Judges Must Remain True To Law, Balancing Head And Heart Is Art Of Judging': Justice Chandra Dhari Singh Bids Farewell To Delhi HC

Justice Chandra Dhari Singh on Tuesday bid farewell to the Delhi High Court as the Central Government notified his repatriation to Allahabad High Court, his parent High Court. In his farewell speech, Justice Singh underscored that judging is not a mechanical task and that balancing head and heart is the art of judging. “I leave the Delhi High Court today not with nostalgia but the hope...

Does Your Police Not Conduct Searches? Madras High Court To TN Govt On Opposing ED Raid At TASMAC Headquarters

“Does your government and police not conduct searches?” the Madras High Court orally asked the Tamil Nadu government today while hearing its plea challenging the recent searches conducted by the Enforcement Directorate at the headquarters of Tamil Nadu State Marketing Corporation Ltd (TASMAC). The bench of Justice SM Subramaniam and Justice K Rajasekar posed the question to...

Maharaja Karni Singh's Heir Prefers Appeal Before Delhi High Court Seeking Rent Arrears For Bikaner House

Heir of Late Maharaja Dr. Karni Singh, the last one to hold the title of Maharaja of Bikaner, on Tuesday moved the Delhi High Court seeking arrears of rent from Central Government for the Bikaner House property in the national capital.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela heard the appeal challenging a single judge order passed...

Sections 43B & 40A Income Tax Act | Which Provision Prevails When Both Commence With Non-Obstante Clause? Madras High Court Clarifies

The Madras High Court while referring sections 43B and 40A Income Tax Act explained which provision prevails when both commence with a non-obstante clause. The Division Bench of Justices Dr. Anita Sumanth and G. Arul Murugan stated that “the Rule that a general provision should yield to specific provision springs from the common understanding that when two directions are given...