Madras High Court Dismisses School's Plea Against Adjacent Opening Of Fuel Pump

The Madras High court recently dismissed a petition moved by a school challenging grant of NOC to Hindustan Petroleum Corporation Limited, for opening of a fuel pump adjacent to its building.The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala opined that the contentions raised in the challenge were not maintainable. The court however directed HPCL to ensure that all...

ESI Act Applicable To BCCI As Its Activities Are Commercial In Nature : Bombay High Court

The Bombay High Court has upheld an order holding that the nature of activities conducted by the Board Of Control for Cricket in India are commercial activities under the ESI Act making the regulatory body liable to pay its employees accordingly. Justice Bharati Dangre, in a judgement passed last week, dismissed an appeal filed by the BCCI and upheld the finding of the...

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court

The Allahabad High Court has held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation.The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed by Mohar Pal And Another...

Counsel Entitled To Physically Accompany Party To Remote Point While Giving Evidence Via Video Conferencing: Karnataka High Court

The Karnataka High Court has held that a counsel/advocate appearing for the parties are entitled to be physically present at the remote point from where the evidence of such party is being recorded through video conferencing. A single judge bench of Justice Sachin Shankar Magadum allowed the petition filed by one K Lakshmaiah Reddy challenging the order of the trial court,...

Asaram Bapu Rape Case: Rajasthan High Court Seeks Status Of Trial For Similar Offences In Gujarat

While hearing the third application filed by self-styled godman & life convict Asaram Bapu seeking suspension of sentence for rape of a minor, the Rajasthan High Court has sought a status report on the progress of trial pending against the octogenarian for similar offences in Gujarat.A division bench of Justice Sandeep Mehta and Justice Vinit Kumar Mathur directed both the Public...

No Absolute Right Under RTE Act For Admission To Unaided Minority Schools : Bombay High Court

A student doesn't have a "right" to admission to a private un-aided minority school under the Right of Children to Free and Compulsory Education Act, 2009 and granting admission is the absolute discretion of the school, the Bombay High Court has held.The court cited the Supreme Court judgement in Society for Unaided Private Schools of Rajasthan v. Union of India wherein it was held that a...

Application Cast Serious Aspersions On Court, Riddled With Language Errors: Rajasthan High Court Imposes 50K Cost On Advocate

The Rajasthan High Court recently imposed cost of Rs. 50,000 on a High Court Advocate for casting serious aspersions on the court, thereby lowering its majesty. The Court also commented on the Advocate's poor command over language, which it said was reflected from the application filed by him.A division bench of Justice Sandeep Mehta and Justice Manoj Kumar Garg observed, "These...

"Further Incarceration Will Ring Death Knell For Him" : Varavara Rao Moves Supreme Court Seeking Bail In Bhima Koregaon Case

The Supreme Court on Thursday agreed to hear on 11th July a petition filed by Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao challenging Bombay High Court's order refusing to grant him permanent medical bail.A bench comprising Justice Surya Kant and Justice JB Pardiwala issued the direction after the matter was mentioned by Senior Advocate Anand Grover.Through...

"All Family Members Are Being Roped In": Andhra Pradesh High Court Grants Anticipatory Bail In Case Of Dowry, Attempted Murder

The Andhra Pradesh High Court has granted anticipatory bail to a family accused of demanding dowry from the complainant- daughter in law, and attempting to murder her by strangulation.Justice Subba Reddy Satti observed that though their were disputes between the husband (petitioner no. 1) and wife (complainant), the entire family had been roped into the controversy.The family was booked...

Justice Alok Aradhe To Be Acting Chief Justice Of Karnataka High Court From July 3

The Central government has notified the appointment of Justice Alok Aradhe as the Acting Chief Justice of the Karnataka High Court, effective from July 3, 2022.This is in view of the imending retirement of the incumbent Chief Justice Ritu Raj Awasthi on July 3.A notification to this effect was published on the website of Department of Law and Justice on June 30."In exercise of the power...

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. A single judge bench of Justice P S Dinesh Kumar while dismissing the petition filed by Shivanand Laxman Anchi said,"It is relevant to note that Court proceedings...

Govt Can't Supersede Statutory Rules By Administrative Orders, May Fill Gaps With Consistent Instructions: Jammu & Kashmir High Court

The Jammu and Kashmir High Court recently reiterated that a Government cannot amend or supersede statutory rules by administrative orders. It added that where the rules are silent on any particular point, the Government can fill up the gaps and supplement the Rules and issue instructions not inconsistent with the Rules already framed. The judgment came from Justice MA Chawdhry...