Citizens Don't Have Vested Right To Carry On Mining Operations, State Has Absolute Dominion To Decide Areas & Manner To Grant Permit: Rajasthan HC

The Rajasthan High Court has observed that the right to carry on mining operations is not a vested right of any citizen. The court added that the State Government has absolute dominion to decide as to the areas and manner in which the mining permits will be granted. A division bench of Justice Sandeep Mehta and Justice Farjand Ali, observed, "At the outset, we may note that the...

President Accepts Resignation Of Justice Ajay Tewari Of Punjab And Haryana High Court

The President has accepted the resignation tendered by Justice Ajay Tewari Of Punjab And Haryana High Court. The notification to the above effect, issued by the Department of Justice, Ministry of Law and Justices says:"Shri Justice Ajay Tewari has tendered his resignation from the office of Judge, Punjab and Haryana High Court, in pursuance of proviso (a) to clause (1) of Article 21 7 of...

Supreme Court Grants Bail To Accused Suffering From HIV

Considering the peculiar circumstances of a case, the Supreme Court recently granted bail to an accused who was suffering from HIV and appeared to be immuno compromised. The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022. On March 14, 2022 the bench had directed the State to place on record the report from...

'Immaterial Whether Breasts Of 13 Yr Old Girl Were Developed Or Not': Calcutta HC Upholds Conviction For Sexual Assault U/S 7 Of POCSO Act

The Calcutta High Court has recently held that it is immaterial whether the breasts of a 13 year old girl are developed or not for the commission of the offence of sexual assault under Section 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) as long as it is proved that the accused had touched the specific part of the body of the girl with sexual intent. During...

Madhya Pradesh High Court Warns Lower Court Judge For Allegedly Denying Bail On Caste Lines

The Madhya Pradesh High Court recently warned an Additional Sessions Judge for allegedly showing bias by denying bail to the Applicant whose case was on a better footing than his co-accused who was granted bail despite recovery of stolen property. Taking strong exception to the conduct of the lower court judge, Justice Vivek Agarwal held- Let warning be issued to the concerned Judge...

"Security Threat": PIL In Delhi High Court Seeks Action Against Persons Fraudulently Pasting 'Judge' Sticker On Their Vehicles

A public interest litigation has been moved in the Delhi High Court seeking legal or departmental enquiry against those persons who are fraudulently using printouts with the word 'Judge' pasted on their vehicles.The plea moved by Advocate Sanser Pal Singh argues that use of such printouts and fraudulently obtained stickers is a security threat as such vehicles are not stopped for frisking...

Jurisdiction U/S 100 CPC Is So Limited That Even Wrong Or Grossly Inexcusable Finding Of Fact Cannot Be Interfered With: Bombay High Court

The Bombay High Court recently faced a challenge to a lower court order and was asked to re-appreciate the evidence. The single judge Mangesh S. Patil held that jurisdiction under Section 100 of the Code of Civil Procedure is so limited that even a wrong or grossly inexcusable finding of fact cannot be interfered with and hence refused to do so. The case arose as Eknath Genu...

"No Criminality": Supreme Court Acquits Man Who Abandoned Lady From SC/ST Community After 'Living Together"

The Supreme Court acquitted a man who had allegedly abandoned a lady belonging to SC-ST Community with whom he was living together.The court observed that no criminality could be attributed to him for merely leaving the lady.In this case, the lady alleged that she and the accused had lived as man and wife for a few years and in this relationship, she became pregnant and thereafter executed...

'Shocked Beyond Words As To How Such Direction Could Be Passed': MP High Court Imposes Rs.1 Lakh Cost On Petitioner For Creating 'False Documents' & Obtaining 'False Order'

Setting aside the order passed by its single bench, the High Court of Madhya Pradesh recently expressed its shock over the conduct of the Petitioner for getting the matter listed before the Writ Court. The Court was also dismayed by the manner in which the single bench had passed the order, concluding that it was done to pre-empt the State from taking any action against the...

Legal Heirs Of Deceased Complainant Can Pursue Disciplinary Proceeding Before Bar Council: Madras High Court

The Madras High Court has observed that in criminal proceedings, the legal heirs of the original complainant can apply for continuation of proceedings against the accused upon the death of the original complainant. The court further quashed the order passed by the disciplinary committee of Bar Council of Tamil Nadu and Puducherry which had held that the legal heirs cannot step into the...

Writ Court Can't Bestow Legal Right On A Consumer To Receive Compensation: Orissa High Court

A Single Judge Bench of Justice Arindam Sinha of Orissa High Court has held that a writ Court like High Court cannot exercise its jurisdiction to pronounce on a legal right of a person to receive compensation, especially when there is no policy available to that effect. The petition was filed for direction upon the electricity supply company to deal with grievance petition dated...

If The Authorities Acknowledge The Error And Accepts Repayment Of Erroneous Refund, It Is Logical To Restore The ITC In The Electronic Tax Ledger : Gujarat High Court

The Gujarat High Court has directed the revenue to re-credit/restore the Input Tax Credit (ITC) to the tune of INR 1,39,49,810 in the electronic tax ledger of the writ petitioner . The Bench comprising Justice JB Pardiwala and Justice Nisha Thakore was hearing a writ petition which sought from the Respondent-authorities to re-credit the ITC of INR 139,49,810 in the electronic credit...