All High Courts
Varanasi Iftar Row | 'Throwing Non-Veg Food Remains In Ganga Can Hurt Religious Sentiments Of Hindus': Allahabad HC
The Allahabad High Court last week allowed the bail applications of 8 Muslim men accused of organizing an Iftar party, consuming non-vegetarian food on a boat in the river Ganga (in Varanasi) and throwing leftover waste into the river.In separate orders issued on the same day (May 15), Justice Rajiv Lochan Shukla granted bail to 5 of the accused, while Justice Jitendra Kumar Sinha granted bail...
Delhi High Court Issues Notice On PIL Challenging Consumer Protection Act Provisions Relating To 'Substantial Question Of Law'
The Delhi High Court, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, has issued notice to the Union of India in a Public Interest Litigation (PIL) challenging the constitutional validity of provisions of the Consumer Protection Act, 2019. The plea challenges provisions which vest the National Consumer Disputes Redressal Commission (NCDRC) with the power to...
Patna HC Flags 'Human Rights Violation' In Keeping Recovered Mental Health Patients In Hospitals Due To Lack Of Half-Way Homes
The Patna High Court has observed that compelling recovered mental health patients to continue staying in mental hospitals because of lack of space in half-way homes amounts to a recognised violation of human rights under the Mental Healthcare Act, 2017. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a suo motu matter concerning mental...
J&K&L High Court Grants Bail To Doctor Accused Of Attempting To Commit Rape On Patient During Medical Exam
The High Court of Jammu & Kashmir and Ladakh has granted bail to a doctor accused of attempting to rape a woman who had approached him for treatment, reiterating that in non-bailable offences not attracting the statutory embargo under Section 480 of the Bharatiya Nagrik Suraksha Sanhita, 2023, bail is the rule and jail is the exception.The Court was hearing a successive bail application...
High Court Refuses To Quash FIR Against Former J&K Bank Executives In IFFCO TOKIO Insurance Deal Case
The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed by four former senior executives of the Jammu & Kashmir Bank Ltd. seeking quashing of an FIR registered under the Prevention of Corruption Act and Section 120-B RPC in connection with an alleged insurance deal between the Bank and M/S IFFCO TOKIO General Insurance Company Ltd.Dismissing the plea the court...
Gujarat High Court Recommends Contempt Action Against Judicial Officer For Assertions Made Against HC Judge
The Gujarat High Court has recommended initiation of contempt proceedings against an additional district judge who alleged in his written submissions asserting that a senior high court judge has "good control over all the branches of the High Court" and that he has "control of his junior judges".This the court said is an act which scandalizes and lowers the authority of the Court and thus...
Corrigendum Clarifying Tribunal's Original Order Cannot Create New Cause Of Action: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that a corrigendum issued by a Tribunal on its own without any formal application, bearing the same date as the main order, does not create a fresh cause of action for a writ petition when it is purely clarificatory in nature and does not effect any substantial modification in the operative portion of the original order.The Court...
MP High Court Exempts Defence, Security Infrastructure Projects From Prior Permission For Cutting Trees
The Madhya Pradesh High Court has held that its previous order banning the cutting of trees without prior permission will not be applicable in respect to categories of land, specifically exempted under Section 1A of the Forest (Conservation) Act, 1980, in a petition filed by the Indian Army. The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed; "Since the...
Article 226 Cannot Be Invoked On Mere Apprehension Of Tender Disqualification Without Actual Legal Injury: Patna High Court
The Patna High Court has held that a writ petition under Article 226 of the Constitution cannot be maintained merely on the basis of an apprehension that a bidder may be disqualified from a tender process, particularly when the bidder has neither participated in the tender nor suffered any actual adverse action.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh observed...
AFT Cannot Insist On Certified Court-Martial Copies When Disclosure Barred On Security Grounds: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that Rule 147-A of the Army Rules, 1954, which permits the Central Government to deny a certified copy of court-martial proceedings on grounds of security of the State or friendly relations with foreign States, is constitutionally valid and protected by Article 33 of the Constitution of India.However, the Court set aside the order of...
Disputes Over ESI Coverage, Contribution Liability Cannot Be Decided In Writ Jurisdiction Bypassing Statutory Mechanism: Gauhati High Court
The Gauhati High Court has held that disputes relating to ESI coverage, number of employees, contribution liability and the factual basis of an order passed under Section 45A of the Employees' State Insurance Act must ordinarily be raised before the Employees' Insurance Court under Section 75.In doing so the court said that the issues cannot be converted into a plea of inherent lack...