All High Courts
Telangana HC Asks State To Get Instructions On Plea By Rohingya Refugees Against Deportation From India, On-And-Off Detention
The Telangana High Court has asked the State to get instructions on a Rohingya refugee woman's plea against the deportation process initiated against her and her 17-year-old son as well as their "on and off detention" without following due process of law. The petitioners have also sought a direction to the respondents–which includes the State, Director General of Police Telangana,...
Foreign National Can't Seek Release From 'Executive Detention' Under Foreigners Act In Bail Proceedings: Delhi High Court
The Delhi High Court has ruled that a foreign national cannot seek release from “executive detention” imposed by the Central Government by invoking Section 14 and Section 14A of the Foreigners Act under bail proceedings.“Ergo, bail proceedings relate only to the release of a person from 'judicial custody' and cannot be employed to seek release from 'executive detention,” Justice...
Unsuccessful Candidate Can't Challenge Expert Opinion Later, Claiming That Self Assessment Showed His Answers To Be Correct: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court has reiterated that an unsuccessful candidate cannot later challenge the opinion of experts on the ground that in their self assessment the candidate believes their answer to be correct going against the expert opinion. In doing so the high court the dismissed an man's plea who could not qualify the Assistant Engineer (Mechanical) exam, but had...
Rajasthan High Court Directs DM To Decide Within 4 Days Prisoner's Application For Parole To Support Wife During Child Birth
Rajasthan High Court has directed the District Magistrate, Dausa to decide a prisoner's application for grant of parole, for the purpose of his wife's delivery, within 4 days.The bench of Justice Anoop Kumar Dhand opined that as per Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021 the application should have been decided within a period of 4 days from the date of...
Non-Extension Of Contract Based On Allegations Of Absence From Duty, Without Following Due Process Violates Natural Justice: Chhattisgarh HC
In a case pertaining to non-extension of services of a Rojgar Sahayak, the Chattisgarh High Court said that when such decision has civil consequences and is based on allegations of negligence and absence from duty, then it cannot be taken without adhering to principles of natural justice.The Court observed that in the present case respondent authorities–Zila Panchayat, Mungeli, had failed...
Jayalalithaa Death: Madras HC Quashes Arumughaswamy Commission Recommendation For Inquiry Against Former Health Minister Vijayabhaskar
The Madras High Court has quashed the report of Justice A Arumughaswamy Commission of Inquiry with respect to former Tamil Nadu Health Minister C Vijayabhaskar citing irregularities in the report. The court primarily noted that Vijabhayaskar, who was initially called by the commission as a witness, was not given an opportunity to present his case after finding materials against...
Kerala High Court Doubts Validity Of Govt Order Empowering Local Body Heads To Kill Wild Boars
The Kerala High Court on Tuesday (January 21) expressed its doubts on the validity of the Government Order empowering heads of Local Self Government Institutions (LSGIs) to kill wild boars that stray into human settlements and cause damage to life and property.The court was hearing a matter wherein the Forest Department while exercising the power under Section 11 of the Wildlife Protection...
Bombay High Court's 'Strong Message' To ED: Act As Per Law, Don't Harass Citizens; Imposes 1 Lakh Cost
In a significant order, the Bombay High Court on Tuesday while imposing an exemplary costs of Rs 1 lakh on the Enforcement Directorate (ED) observed that it is high time that the central agencies like the ED should conduct themselves within the parameters of law and stop taking the law in the own hands and harass citizens. Single-judge Justice Milind Jadhav said a 'strong message' needs to...
Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC
The Punjab & Haryana High Court has said that the Court Fees (Punjab Second Amendment) Act, 2009, will be applicable on appeals filed in the High Court if the suit from which an appeal has arrived was instituted in Punjab, regardless of the fact that the High Court is located in UT Chandigarh.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the suits which are filed before...
NDPS Act | Accused Not Present At Crime Scene Should Be Held Equally Accountable Without Leniency: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that accused persons who are not present at the crime scene should be held equally accountable and should not be afforded any leniency under Narcotic Drugs and Psychotropic Substances Act (NDPS Act).The Court highlighted that there is a frequent practise to implicate individuals who are not present at the crime scene and this defence of...
BREAKING | Allahabad HC Limits UP Police 'Unfettered' Power To Open History Sheets; Mandates Reasoned Orders, Objection Consideration & Yearly Review
In a significant order, the Allahabad High Court today effectively tossed out the "unfettered powers" of the Uttar Pradesh Police to open Class-B history sheets against citizens without observing the principles of natural justice. For context, as per the UP Police Regulation, Class-B history sheets are opened for “confirmed and professional criminals, who commit a crime other...
Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates
The Kerala High Court has reiterated that there cannot be unilateral cancellation of a sale deed.Justice Gopinath P. relying upon the Supreme Court's decision in Satya Pal Anand v. State of M.P (2016) and the high court's decision in Noble John v State of Kerala (2010) held thus:“Thus it is clear that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed.Accordingly, on the ratio...