Classic Case Of Encroachment Being Claimed As A Waqf : Allahabad HC 'Surprised' At 'Illegal' Constructions On NHAI's Property

The Allahabad High Court has expressed surprise on the actions of the Waqf Madarsa Qasimul Uloom encroaching the land belonging to National Highways Authority of India, creating construction on the same, sub-letting it and charging rent on the property.Noting that the petitioner Waqf had encroached upon the land owned by NHAI, Justice Rohit Ranjan Agarwal observed that “This Court is...

Court Cannot Interfere When Alternative Remedy Under CGST Act Is Available, Unless Extraordinary Circumstances Arise: Chhattisgarh High Court

The Chhattisgarh High Court has reiterated that while writ petitions can be entertained even when alternative statutory remedies are available, the same should only be done under extraordinary circumstances involving a breach of the principles of natural justice or when the procedure required for a decision has not been adopted.In this regard, a Single-Judge Bench of Justice Ravindra...

Karnataka High Court Sets Aside Govt Order Directing Withdrawal Of 43 Criminal Cases Against 'Highly Influential Persons'

The Karnataka High Court on Thursday set aside the Government order, directing public prosecutors to withdraw 43 criminal cases registered/pending against persons accused of various offences including rioting, attempt to murder, stated to include highly influential persons including politicians, in breach of Section 321 of Criminal Procedure Code. A division bench of Chief Justice N V Anjaria...

Remove Words Like "Hafta Wasooli", "Gunda Raj" From Video Against ANI : Delhi High Court Tells Mohak Mangal

While hearing news agency ANI's defamation suit against YouTuber Mohak Mangal alleging that his recent YouTube video is disparaging and defamatory towards the agency, the Delhi High Court on Thursday (May 29) orally suggested that certain words used by the YouTuber in his video were "offending". While rising for lunch hour, Justice Amit Bansal after watching the video asked Mangal's...

Regularization Scheme Doesn't Cover Every Unauthorized Occupant Of Govt Land: AP High Court Rejects Plea Against Eviction

The Andhra Pradesh High Court has dismissed an appeal filed by certain occupants stated to be occupying Government land who had sought protection from eviction citing a recently introduced regularisation scheme.Noting that the regularisation scheme did not universally shield all unauthorised occupations of Government land, a division bench of Chief Justice Dhiraj Singh Thakur and Justice...

CPC | “Sufficient Grounds” Under Order 23 Rule 1(3)(b) Grants Court Wide Discretion To Permit Withdrawal & Filing Of Fresh Suit: J&K High Court

Clarifying the scope of “sufficient grounds” under Order 23 Rule 1(3)(b) of the Civil Procedure Code (CPC), the High Court of Jammu and Kashmir and Ladakh has held that the expression grants wide judicial discretion to trial courts to permit withdrawal of a suit with liberty to institute a fresh one.“… This expression has to be given wide connotation and it cannot be given a...

Delhi High Court Issues Notice On Plea Against LG Notification Granting Takedown Powers To Police For Removal Of Online Content

The Delhi High Court yesterday issued notice on a plea challenging a notification issued by Lieutenant governor (LG) Vinai Kumar Saxena empowering the Delhi Police to issue takedown orders for removal of online content from social media. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela issued notice on the plea moved by Software Freedom Law Centre...

Andhra Pradesh HC Flags Surge In Online Trolling, Abusive Posts; Suggests 'Auto-Blocking' Of Swear Words On Social Media

Taking note of the growing menace of online abuse and trolling, the Andhra Pradesh High Court has urged the State Government to instruct social media intermediaries to 'auto block' the usage of expletives, swear words, militant words, and words akin thereto, on social media platforms. A bench of Justice Nyapathy Vijay passed this order while observing that vulgar,...

Annual Increment Can't Be Denied To Government Employees On Mere Technical Grounds If A Year Of Service Completed : Patna HC

The Patna High Court bench comprising of Justice Satyavrat Verma held that government employees retiring on 30th June are entitled to receive the annual increment due on 1st July, provided they have completed one full year of service since their last increment. It ruled that the benefit cannot be denied on mere technical grounds, such as retirement occurring just one day before...

DM Not Required To Decide Representations Of Persons Affected By Transmission Line Unless Telegraph Authority Refers It: Allahabad High Court

The Allahabad High Court has held that under the Indian Telegraph Act the District Magistrate is only required to decide matters which have been referred to it by the Telegraph Authority. It held that District Magistrate is not required to pass orders on representations in every case where persons are affected by a transmission line.The bench of Justice Shekhar B. Saraf and Dr. Justice...

Anticipatory Bail Can Be Filed From Abroad But Accused Must Come To India Before Final Hearing: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that although "an application for pre-arrest bail can be filed even by a person residing outside the country, however, the only limitation is that prior to the final hearing, the applicant must be inside the country" to enable the Court to impose and enforce bail conditions.Justice Namit Kumar in his order observed, "a person sitting on an armchair in...

Breach Of Fiduciary Trust By Manager Cannot Be Taken Lightly: J&K High Court Denies Bail in ₹71 Lakh Embezzlement Case

Taking strong exception to the alleged abuse of fiduciary trust, the High Court of Jammu & Kashmir and Ladakh has refused to grant anticipatory bail to a petrol pump manager accused of defrauding his employer of over ₹71 lakh.Justice Sanjay Dhar observed that when a manager, taking advantage of the trust reposed in him by his employer, proceeds to commit breach of such trust, the...