All High Courts
Cannot Be Compelled To Remove Blockage & Let Neighbour's Dirty Water Flow Onto Courtyard, S.133 CrPC Not For Settling Private Disputes: Patna HC
The Patna High Court has ruled that an individual cannot be compelled to allow drainage from a neighbor's house onto their private property under the guise of preventing a public nuisance. It had been contended that the neighbour of the petitioner had drained his dirty water onto the petitioner's courtyard, which had been blocked by the petitioner. However, the neighbour then approached...
'Satire Protected Under Article 19' : Karnataka High Court Quashes FIR Over College Skit Allegedly Insulting Ambedkar & Dalits
The Karnataka High Court recently quashed a case registered against students and faculty members of the Jain Centre of Management Studies (Deemed University) who were booked for staging a skit that allegedly referred to Dr B R Ambedkar and Dalits in a derogatory manner. Justice S R Krishna Kumar allowed the petitions filed by Dinesh Nilkant Borkar and others and quashed the prosecution...
"Sordid State Of Affairs": J&K High Court Reprimands Govt Officials For Taking 7 Months For Obtaining Sanction To File Appeal
The Jammu and Kashmir High Court while dismissing an appeal, reprimanded government officials for preferring the appeal after a long period of delay. The court said that no clear reasons for filing the appeal after a prolonged period were forthcoming from the application for condonation of delay.The court expressed its anguish over the casual manner in which the application was filed...
Marriage Under Special Marriage Act Not Illegal Only Because Either Spouse Did Not Live In The District Where Marriage Was Registered For 30 Days: Bombay HC
A marriage duly certified under the Special Marriage Act, 1954 cannot be deemed illegal or void just because either of the spouses did not comply with section 5 of the Act, which mandates one of them to live in the district, where they register their marriage, for 30 days, the Bombay High Court held on Friday (February 28).A division bench of Justices Girish Kulkarni and Advait Sethna said once...
Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC
The Jabalpur bench of the Madhya Pradesh High Court while answering a reference made by a single judge, clarified that an anticipatory bail plea is maintainable even if the chargesheet filed shows the accused as a declared absconder. The court further ruled that an anticipatory bail plea is maintainable even when proceedings under CrPC Section 82 (Proclamation for person absconding) &...
Rajasthan HC Rejects Challenge To Appointment Of Administrator For 49 Municipalities After Expiry Of Tenure Of Existing Elected Members
The Rajasthan High Court dismissed a plea seeking quashing of a state notification for appointment of Administrator/Authority of 49 municipalities to look after the day-to-day work of these municipalities, following the expiry of tenure of the existing elected members.In doing so the court ruled that Section 320 (Exercise of Municipality's power pending its establishment) of...
Govt Can't Pass Interim Order Directing Payment Of Wages To Workmen Without Hearing Management, Workers Union: Karnataka HC
The Karnataka High Court has reiterated that the government cannot pass an interim order directing payment of wages in favour of workmen of a company without hearing the company management and the workers union.Justice Anant Ramanath Hegde held thus while allowing a petition filed by the Management of Mahindra Aerostructures Private Limited, challenging a June 11, 2024 order passed by...
Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court
In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. It further observed that the trial court cannot reject legal contentions of the accused merely on the ground that they amount to a prima facie finding, as such determination is only relevant at the bail application...
Bombay High Court Slaps Rs 1 Lakh Costs On Man For Audio-Recording Court Proceedings On Mobile Phone
In a recent order, the Bombay High Court (February 27) imposed a cost of Rs 1 lakh on a litigant who was found to be 'audio-recording' court proceedings on his mobile phone. A division bench of Justices Ajay Gadkari and Kamal Khata in the order recorded that the litigant - Sajid Abdul Jabbar Patel, who was a relative of a respondent in a case- offered to pay Rs 1 lakh costs for...
Kerala High Court Stays Central Prison's Restriction That Jail Inmates Can Call Only BSNL Numbers
A Writ Petition has been filed in the Kerala High Court challenging a recent notice issued by the Superintendent of Viyyur Central Prison and Correctional Home which says that the 3 phone numbers which a prison inmate has registered for external contact should be BSNL numbers. A prison inmate is allowed to have external contact by phone with 3 registered numbers. By this notice, a restriction...
Differentiating Employees For Transfer On Age Basis Reasonable; Elder Ones Have Family Responsibility, Health Issues: Punjab & Haryana HC
The Punjab and Haryana High Court has upheld the Online Transfer Policy, 2023 of Haryana Government for State Agriculture Marketing Board, challenged under Article 14 of the Constitution on various grounds including that the elderly employees are given preference for favourable transfers.Justice Jagmohan Bansal said, "The respondent has formed an opinion that employees with higher age should...
'No Violation Of Constitutional Rights': High Court Refuses To Interfere With Haryana Civil Judge Rule Prohibiting Re-Evaluation Of Answer Sheet
The Punjab & Haryana High Court on Friday (February 28) refused to interfere with a clause in an advertisement for recruitment of Haryana Civil Judge whereby re-evaluation of answer was prohibited, observing that no violation of constitutional right was proved.The Court dismissed a plea moved by an unsuccessful candidate seeking re-evaluation of mains-answer sheet who was short of 1.9...