Tenant Ordered To Pay Enhanced Rent Can't Be Burdened With Substantial Arrears Due To Delay In Proceedings: Kerala HC Calls For Reasonable Installments

The Kerala High Court observed that a tenant who is ordered to pay enhanced fair rent to the landlord cannot be burdened with the payment of a substantial amount in arrears due to delay in the completion of judicial proceedings.The Court referred to the decision in Irvin John Jayarajan and Others v. Madhavi alias Narayani Amma (2022) held that the time limit of four months prescribed...

Commissioner Under Order 26 Rule 9 CPC Should Only Be Appointed When Evidence Presented By Parties Is Insufficient To Resolve Dispute: J&K High Court

The Jammu and Kashmir High Court held that a Commission under Order 26 Rule 9 CPC could be issued only when the trial court is unable to decide the controversy based on the evidence placed by the parties.The court noted that a Commissioner under Order 39 Rule 7 CPC is appointed for inspection purposes, while a Commissioner under Order 26 Rule 9 CPC is meant for investigation to elucidate...

"Beyond Territorial Jurisdiction": Madras High Court Dismisses Ex-Serviceman's Plea Seeking Inquiry Into Havana Syndrome In India

The Madras High Court recently dismissed a plea filed by an ex-serviceman who claimed that the Defence Space Agency was targeting him with the help of 'radiation' which caused severe health conditions and sought an inquiry into the 'Havana Syndrome' in India. A division bench of Justice SM Subramaniam and Justice K Rajasekar noted that the man did not produce any medical records to...

Although Magistrate's Jurisdiction U/S 14 Of SARFAESI Act Does Not Involve Adjudication, Order Cannot Be Passed Without Application Of Mind: Kerala HC

The Kerala High Court reiterated that while a Magistrate exercising jurisdiction under Section 14 of the SARFAESI Act does not adjudicate on creditor's application for taking possession of the secured assets, they are required to clearly apply mind since it can have drastic consequences. The Court stated that this is the reason why the Parliament has empowered high officials like Chief...

'Representation To Cancel LoP Rahul Gandhi's Citizenship Pending Consideration': Central Govt Informs Allahabad High Court

Today, the Central Government informed the Allahabad High Court that a representation seeking the cancellation of Congress leader and LoP in LokSabha Rahul Gandhi's citizenship is currently pending consideration.The submission was made before a bench of Justice Attau Rehman Masoodi and Justice Ajai Kumar Srivastava-I on a Public Interest Litigation (PIL) plea filed by a BJP Member from...

Security Threats Faced By Litigants Justify Alternative Measures Like Virtual Hearings Instead Of Transferring Case: J&K High Court

Recognizing that the petitioners had legitimate security concerns due to their migration from Kashmir in the past the Jammu and Kashmir High Court allowed a virtual hearing for the party from the Jammu Wing in a case before its Srinagar Wing.The petitioner had sought the transfer of the appeal from the Srinagar Wing to the Jammu Wing, citing security concerns. However, the court stated that...

Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC

The Bombay High Court bench of Justices G. S. Kulkarni and Advait M. Sethna has held that the benefit of Section 14 of the Limitation Act, 1963 (Limitation Act) can be extended to the petitioner who committed delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) due to the prevailing legal position at...

Andhra Pradesh High Court Upholds Amendments Introducing Auction Based System for Grant Of Minor Mineral Leases

The Andhra Pradesh High Court, on 20.03.2025, set aside a bunch of petitions challenging the amendments made to the A.P. Minor Mineral Concession Rules, 1966 (“the 1966 Rules”). These amendments sought to fundamentally alter the manner of granting minor mineral leases by shifting from a first-come-first-serve system to an auction-based system.A Division Bench of the High Court...

"Grounds Of Arrest Informed After 7 Hrs": P&H HC Declares Arrest Illegal, Says Grounds Must Be Conveyed To Accused In A Meaningful Manner

The Punjab & Haryana High Court declared the arrest of a music producer illegal, as the grounds for arrest were not provided to him at the time of his arrest. The Court noted that the grounds for arrest were communicated through a memo that was prepared 7 hours after his detention, which would vitiate the arrest.Punjabi Singer Sunanda Sharma on a social media post, accused Pushpinder...

Retired Employee Entitled To Interest On Delayed Retirement Benefits After Exoneration In Departmental Inquiry: Bombay HC

Bombay High Court: A Division Bench of Justices Ravindra V. Ghuge and Ashwin D. Bhobe ruled in favor of a retired Municipal Corporation employee, directing payment of interest on delayed retirement benefits. The court held that when retirement benefits are withheld due to pending inquiry and the employee is subsequently exonerated, interest becomes payable from the date following...

Walayar Rape-Death Case | Kerala High Court Issues Notice On Plea By Victim's Parents To Quash CBI Chargesheet Adding Them As Accused

The Kerala High Court on Monday (March 24) issued notice on a plea filed by the parents of two girls–who were allegedly raped and killed in Walayar in 2017–to quash the charge sheet filed by the CBI which arraigns them as accused. The matter came up before the bench of Justice C. Jayachandran, where Senior Prosecutor for CBI, Senior Advocate Dr. K. P. Satheesan took notice.The CBI...

Won't Withdraw Till April 8: State To Karnataka HC In PIL Against GO Asking Prosecutors To Withdraw Cases Against 'Highly Influential Persons'

The Karnataka Government on Monday (March 24) told the High Court that it will not withdraw till April 8, prosecution of any of the criminal cases which are stated to be pending against highly influential persons, under Section 321 of Criminal Procedure Code.Section 321 CrPC states that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court,...