Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC

In a plea challenging the imposition of Rs. 25,000 cost by the trial court in rejecting a litigant's review plea, the Gujarat High Court observed the trial court had not concluded that the review plea was "vexatious or false", underscoring that courts have power to impose costs for frivolous litigation but it should be reasonable. Taking note of the fact that the district court's registry...

Bald Allegations Against Investigating Officer Not Sufficient To Transfer Probe To Another Agency: Delhi High Court

The Delhi High Court has observed that transfer of investigation to another agency is only done in rare and exceptional cases where high officials of State authorities are involved.“Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that the investigating officer is mixed up with the accused....

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – January 2025

Supreme Court:Plea In Supreme Court Challenges BSA's Electronic Evidence & Confession Provisions And BNS SectionsCase Title: Vinod Kumar Boinapally Versus Union Of India And Ors., W.P.(Crl.) No. 40/2025 (and connected case)Former MP Vinod Kumar Boinapally has moved the Supreme Court challenging certain provisions of the BNS and the BSA, which replaced the erstwhile penal laws viz. the IPC...

AMU Student Moves Allahabad High Court Challenging FIR Over 'Objectionable' Speech Against University Administration

A Student of the Aligarh Muslim University (AMU) has moved the Allahabad High Court challenging an FIR lodged for rioting, wrongful restraint and other charges over alleged indiscipline and misconduct during demonstrations to restore students' union polls. The petitioner, Misbah Qaiser, a B.Arch. Student at the university has been accused of delivering objectionable speeches against...

Provisions Against Arrest Of Women At Night Are Directory, Not Mandatory: Madras HC Sets Aside Departmental Proceedings Against Police Officers

The Madras High Court recently observed that Section 46(4) of CrPC and Section 43(5) of the BNSS Act which prevents the arrest of a woman after sunset and before sunrise is directory and not mandatory. The bench of Justice GR Swaminathan and Justice M Jothiraman explained that the provisions did not provide the consequences of non-compliance of the requirement. The court observed that...

Arbitral Award Can't Have Specific Format; Reasoning Must Be 'Proper', 'Intelligible' And 'Adequate' : Madras High Court

The Madras High Court bench comprising Justice K. .R. Shriram (Chief Justice) and Justice Senthilkumar Ramamoorthy have observed that an arbitral award does not have to follow any specific format; just as every judge writes their judgment in a particular style, arbitrators also write in different styles. The court also held that any ground which was not raised in a petition under...

Delhi High Court Weekly Round-Up: February 03 To February 09, 2025

Citations 2025 LiveLaw (Del) 122 to 2025 LiveLaw (Del) 152NOMINAL INDEXSunil Kumar Singh v. Union of India 2025 LiveLaw (Del) 122 LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS. 2025 LiveLaw (Del) 123 NEERAJ SHARMA v. PIO MINISTRY OF HOME AFFAIRS JKL DIV AYODHYA SECTION AND ANR. 2025 LiveLaw (Del) 124 Divyansh Bajpai vs. State (Govt. Of NCT Of Delhi) And Anr 2025 LiveLaw (Del)...

Disabled During Service, Employee Entitled To Continued Salary, Benefits & Supernumerary Post, Along With Interests : Punjab & Haryana High Court

The Punjab & Haryana High Court bench comprising of Justice Aman Chaudhary held that employees who acquire disability during service are entitled to continued salary, benefits, and a supernumerary post along with interest on withheld dues. Background Facts The petitioner joined as E.T.T. Teacher at Govt. Primary School Sodhi Nagar, Ferozepur on 11.09.2016. Her presence was...

'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court

The Rajasthan High Court with its Bench at Jaipur comprising of Justice Anoop Kumar Dhand held that departmental proceedings against a delinquent employee must be concluded within a reasonable time frame and preferably within six months in order to avoid inconvenience, loss and prejudice to the rights of such employee. It was observed that in such cases, the duty to have...

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal. Referring to the provisions of the MP Civil Services (Pension) Rules, 1976A...

Can Uniform Format Be Established For Incorporating Terms Of Settlement In Judicial Orders For ADR Cases: Kerala High Court Considers

The Kerala High Court stated that incorporating terms of settlement in judgments, decrees and orders would depend upon the 'nature of cases' and 'consent of parties'. The Court clarified that an omnibus order cannot be issued in the absence of a statutory provision and stated that each judge must decide based on the consent of parties whether the terms of settlement can be included in...

Kerala High Court Issues Notice On Plea Against 'Oru Jaathi Jathakam' Movie For Allegedly 'Humiliating' Members Of LGBTQ+ Community

A writ petition has been filed before the Kerala High Court against the movie 'Oru jaathi jathakam' for allegedly humiliating and being derogatory towards the LGBTQ+ community. The petition was filed by Shakiy S. Priyamvadha who moved the petition as a representative of the community.The petitioner has submitted that the movie uses derogatory words to refer to the community. The petitioner...