All High Courts
Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court
The Delhi High Court has ruled that the recommendations of the State or National Human Rights Commissions are binding in nature and the purpose of enactment of the Human Rights Act would be nullified if they are held to be mere recommendatory bodies.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that holding that Human Rights Commissions can only...
Delhi High Court Closes PIL Seeking Time Bound Scrutiny, Curing Defects Of Fresh Matters For Listing
The Delhi High Court has recently closed a public interest litigation seeking a time bound scrutiny and raising of defects of fresh matters for listing before the Court.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela said that the issues, if found to be relevant, would be taken up on the administrative side of this Court.“We do not find...
Denying Medical Reimbursement For Chronic Illness On Ground That Treatment Was Taken In OPD Is 'Unreasonable Classification': Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that denying medical re-imbursement to an employee of the State Government for the treatment of wife's chronic illness on the ground that the same was done in Outpatient Department (OPD) is based on "unreasonable classification."Chief Justice Sheel Nagu and Justice Sudhir Singh said, "the wife of respondent No. 1-writ petitioner was...
Ventilating That A Particular Religion Is Treated In A Particular Manner Doesn't Promote Hatred Between Classes U/S 505(2) IPC: Madras HC
The Madras High Court has observed that merely ventilating about the manner in which a particular religion is treated would not constitute an offence under Section 505 of the IPC. Section 505(2) pertains to statements creating or promoting enmity, hatred or ill-will between classes. It stats that whoever makes, publishes or circulates any statement or report containing rumour or alarming...
'While Public Going Wild On Social Media Over Court Delays...' : Allahabad HC Slams Litigant Objecting To Speedy Court Proceedings
In a scathing observation, the Allahabad High Court recently slammed a litigant (petitioner) who moved the court against the swift proceedings in a case under the UP Consolidation of Holdings Act, 1953.A bench of Justice JJ Munir observed that it was ironic that while social media and public platforms often criticize the judiciary for prolonged court proceedings and frequent adjournments,...
Organ Transplantation Plea Cannot Be Rejected Due To Perception Of Existence Of Large-Scale Commercial Transactions: Kerala HC
The Kerala High Court held that a person's request for kidney transplantation cannot be rejected in a routine and pedantic manner since it directly affects their right to life and health.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu stated that the Authorisation Committee while rejecting application for kidney transplantation must consider each application on its merits...
Money In Bank Account Is 'Property', Liable For Provisional Attachment U/S 281B Of Income Tax Act: Kerala High Court
The Kerala High Court held that cash in bank account is a 'property' liable for provisional attachment under section 281B of the Income Tax Act. The Division Bench of Justices Sathish Ninan and Shoba Annamma Eapen observed that “mere fact that Bank account is not explicitly provided under Section 281B of the Income Tax Act, unlike the GST Act, 2017 which specifically mentions the...
Cheque Bounce | Signature Of Both Parties Required If Cheque Is Drawn On Joint Account: Punjab & Haryana High Court
The Punjab & Haryana High Court quashed a cheque bounce complaint under Section 138 Negotiable Instrument Act (NI Act) observing that the disputed cheque was not signed by both the holders of the bank account.Justice Harpreet Singh Brar noted that the disputed cheque was drawn on the account jointly held by the petitioner and his wife. However, the same was only signed by Jasbir Kaur and...
Punjab & Haryana High Court Upholds Constitutional Validity Of Notification Establishing Greater Mohali Area Development Authority
The Punjab and Haryana High Court dismissed the plea challenging the constitutional validity of the notification issued in 2006 under Section 29 of the Punjab Regional and Town Planning and Development Act 1995 (the Act of 1955), constituting and establishing a special Authority under the name of Greater Mohali Area Development Authority (GMADA).The Court rejected the contention that the...
Ex-Serviceman Not Employed When Applying For Recruitment Can Claim Concession While Applying For Multiple Posts: Madras High Court
The Madras High Court recently observed that the proviso to Section 3(j) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 which prohibits an ex-serviceman once recruited from claiming concession for further recruitment, should be interpreted as applying to ex-servicemen who are already recruited on the date of the application. Thus, the court clarified that the...
Karnataka High Court Stays Centre's Order Debarring Former HC Judge From Govt Appointments For 3 Yrs
The Karnataka High Court in an interim order on Tuesday (January 28) stayed a November 7, 2024 Central Government order by which a former High Court judge Justice Padmaraj Nemachandra Desai was debarred for three years from any Government appointments. Justice R Devdas stayed the order till the next date of hearing of the petition filed by Desai challenging the order and also issued notice to...
MS Solutions Question Paper Leak Case: Kerala High Court Calls For YouTube Video, Allegedly Leaked Question Paper
The Kerala High Court on Tuesday (28th January) while considering the bail petition of Shuhaib, who is accused of leaking the Kerala State Exam Question paper of 10th standard through his YouTube channel M S Solutions asked the parties to produce the video in which he is allegedly leaking the question paper and the question paper.Shuhaib had submitted in his petition that he predicted...