All High Courts
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...
Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked
The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated that the husband's convenience cannot be...
MP High Court Issues Notice On Plea Challenging BCI's Attendance Rules, Meanwhile Permits NLIU Student Short On Attendance To Sit In Class
The Jabalpur bench of the Madhya Pradesh High Court recently granted interim relief to an law student to attend her fourth semester classes after she was debarred by NLIU Bhopal due to shortage of attendance. The court however made it clear that the student's fate would depend on the outcome of the plea. Issuing notice to the respondents, a division bench of Justice Sushrut Arvind...
Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court
The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. Brief Facts: The dispute arose with respect to a contract executed between the parties for the construction and renovation of the Jummagad Small Hydro Project. The period of completion was fixed at...
Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC
The Karnataka High Court has held that in case no proceedings have been initiated against a delinquent employee for recovery of the alleged losses caused to the public institution due to their misappropriation, the question of the employer retaining the gratuity amount of the dismissed employee and forfeiting the same, would not arise.Justice Suraj Govindaraj held thus while dismissing...
Award Passed After Inordinate And Unexplained Delay Can Be Set Aside U/S 34 Of Arbitration Act: Madras High Court
The Madras High Court bench of Justice P.B. Balaji has held that inordinate and unexplained delay in passing the arbitral award can be a ground to set it aside under section 34 of the Arbitration Act. Brief Facts The present petition has been filed under section 34 of the Arbitration Act against an award passed by the Arbitrator on September 30, 2019. The petitioner submitted...
Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner.Justice Anoop Kumar Dhand relied upon the...