All High Courts
Kerala High Court Slams State For 'Harassing' Former VC In-Charge Of KTU Ciza Thomas, Orders Release Of Pension
The Kerala High Court on Friday (May 30) directed the state government to release within two weeks all pensionary benefits due to Dr. Ciza Thomas who retired as Principal of Government Engineering College on March 31, 2023Notably, she had assumed the office of Vice Chancellor of A.P.J. Abdul Kalam Technological University, as per an order of the Chancellor, the then Governor of Kerala,...
Wife Filing False Criminal Case To Embarrass, Incarcerate Husband Is Cruelty And Ground For Divorce Under HMA: AP High Court
The Andhra Pradesh High Court has held that criminal case filed by a wife to embarrass and incarcerate her husband and his family members, when in reality they are not guilty, causes persistent trauma and humiliation in social circle, and constitutes mental cruelty and is a ground for divorce under Hindu Marriage Act. Applying this principle to a case where the wife's allegations resulted in...
Absence Of Railway Ticket On Deceased After Fatal Accident Can't Negate Legitimacy Of Compensation Claim: Delhi High Court
The Delhi High Court has reiterated that absence of train journey ticket on the deceased person after the fatal incident cannot, by itself, negate the legitimacy of the claim for compensation. Justice Dharmesh Sharma said that the legitimacy of the claim cannot be rejected especially when credible evidence exists of ticket purchase prior to the journey. The Court granted relief to a...
'For Larger Public Good': Rajasthan High Court Rejects PIL Against Setting Up Of Sewage Treatment Plant Near Village Court
The Rajasthan High Court dismissed a PIL filed by practicing advocates of Gram Nyayalaya, Jodhpur against the proposed construction of Sewage Treatment Plant (STP) near the village court, ruling that it was not for the High Court to decide under Article 226 which site would be more suitable for setting up the STP.A division bench of Justice Shree Chandrashekhar and Justice Sandeep Shah,...
Jail Is Not Rule In All Economic Offences, No Bar On Granting Bail When Allegations Not Grave: Punjab & Haryana High Court
Observing that jail should not be the norm in all economic offences, especially when the allegations are not of a grave nature, the Punjab & Haryana High Court recently granted relief in a tax evasion case.Justice Manisha Batra said, "it is not advisable to categorize all the economic offences into one group and deny bail on that basis. While considering the question of grant of bail,...
Return Of 'Stridhan' Must Be Determined In Proceedings Under Hindu Marriage Act, Not On Separate Application U/S 27: Allahabad High Court
The Allahabad High Court has held that distribution of properties of the parties, including return of “stree dhan”, must be determined in proceedings under the Hindu Marriage Act, 1955 and not upon separate application being made under Section 27 of the Act.The bench of Justice Arindam Sinha and Justice Avnish Saxena held, “return of 'stree dhan' has to be an issue, to be determined...
Delhi High Court Rejects RJD Chief Lalu Prasad Yadav's Plea To Stay Trial In CBI's FIR Over Land For Jobs Scam
The Delhi High Court has dismissed a plea moved by RJD Chief Lalu Prasad Yadav seeking to stay the trial court proceedings in the corruption case related to the alleged land for jobs scam case registered by the Central Bureau of Investigation (CBI).The matter is listed before the special judge of Rouse Avenue Courts on June 02 for arguments on charge. Justice Ravinder Dudeja found no...
Benefit Of S.14 Limitation Act Can't Be Construed So Liberally Just To Save A Lis: Kerala High Court
The Kerala High Court has held that the benefit of exclusion of limitation period under Section 14(1) of the Limitation Act would not be available in the subsequent suit unless all the ingredients under the provision are satisfied. The Court found that the provision cannot be liberally construed, just to save a lis.Section 14 of the Limitation Act permits extension of limitation period for...
Court Must See If Company Is A Threat To Commercial World For Winding Up U/S 433(f) Of Companies Act: Allahabad High Court
The Allahabad High Court has held that for winding up of a company under Section 433(f) of the the Companies Act, the Court must opine that the company is a threat to the commercial world if it remains in existence.Rejecting the application for winding up of a company, Justice Pankaj Bhatia held “To appreciate a case for winding up of a company on the ground that it is just and equitable, it...
Forcing Teacher To Impart Subject They Are Not Qualified In Violates Students' Right To Education Under Article 21A: Rajasthan High Court
Rajasthan High Court set aside the transfer of a Grade III Teacher (Social Studies) whose subject was changed to English, stating that if she is forced to impart education on a subject she is not qualified in, she may have to face adverse civil consequences like departmental proceedings.The division bench of Justice Shree Chandrashekhar and Justice Saneep Shah further held that the...
'Will Consider': Supreme Court Registrar In Pleas For Reservations In Junior Court Assistant Post
The Supreme Court administration told the Delhi High Court that it will decide pleas concerning the recruitment for the post of Junior Cost Assistant in the Supreme Court in various reserved categories. The submission was made before Justice Prateek Jalan who was hearing four pleas filed by various aspirants seeking appointment to the post under various reserved categories, namely Persons...
Delhi High Court Dismisses Plea Against Demolition Of Pakistani-Hindu Refugee Camp At Majnu Ka Tila, Says No Right To Occupy Area
The Delhi High Court has dismissed a petition seeking a direction on Delhi Development Authority (DDA) not to disturb or demolish the Pakistani-Hindu refugee camp at city's Majnu Ka Tila till some alternative piece of land is allotted to the residents. Justice Dharmesh Sharma rejected the plea filed by one Ravi Ranjan Singh, saying that he and other similarly placed refugees have "no right...