Rajasthan High Court Weekly Roundup: February 7 To February 13, 2022

Judgments/ Orders of the Week 1. Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer Case Title: New India Assurance Company Ltd., through Regional Manager v. Smt. Kanchan DeviCitation: 2022 LiveLaw (Raj) 55Reversing the findings of a Motor Accident Tribunal which had...

Industries Have No Legal Right To Discharge Industrial Effluent Into Sewer Lines: Gujarat HC Comes Down Heavily On Textile Industries For Sabarmati River Pollution

Emphasising that the major source of environmental pollution from textile industry is the huge amount of wastewater discharged with high chemical load, the Gujarat High Court has stressed the significance of effluent management in the textile industries discharging wastewater in the Sabarmati River. The Bench comprising Justice JB Pardiwala and Justice Vaibhavi Nanavati has made...

"Welfare Of Children Most Important" Gujarat High Court Allows Habeas Corpus Petition In Favour Of Mother And Directs Children's Return To New Zealand

Emphasising the significance of a mother's guardianship in the upbringing of her children, the Gujarat High Court has directed that the Respondent-Husband to hand over the custody of the three young children to the Petitioner-Mother situated in New Zealand. Coming down heavily on the Respondent-Husband, the Bench comprising Justice Sonia Gokani and Justice Nirzar S Desai...

Termination Order Referring To FIR Against Employee Without Departmental Inquiry Is Stigmatic: Gujarat High Court

An order of termination referring to the FIR and case filed against the employee without conducting full departmental inquiry is bound to be stigmatic, the Gujarat High Court has observed today. The Bench comprising Justice Biren Vaishnav made this observation in a petition under Article 226 challenging the communication which terminated the services of the Petitioner. Accordingly, the...

[Rajasthan Judicial Service] High Court Issues Notice In Another Plea Challenging 2021 Prelims Answer Key

The division bench of Rajasthan High Court issued notice in another plea challenging the answer key of Civil Judge Cadre of Rajasthan Judicial Services (Preliminary Examination), 2021. The aforesaid exam was conducted on 28.11.2021 and its final result was declared on 11.01.2022. Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, ruled, "Issue notice to respondents...

'General Allegations Based On Newspaper Reports Won't Be A Cause For Taking Cognizance In Public Interest'; Rajasthan HC Disposes PIL Seeking Directions To Cover All Borewells In State

The division bench of Rajasthan High Court observed that mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest. This petition was filed with a prayer for direction to the respondents-state that all the borewells in the State should be covered so that through accident there is no casualty of...

Madras High Court Weekly Round-Up: February 7, 2022 To February 13, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. Concerted Efforts By State Departments Necessary To Restore Temple Properties & Recover Monetary Loss: Madras High CourtCase Title: A. Radhakrishnan v. Secretary to Government & Ors.Citation: 2022 LiveLaw (Mad) 49Shocked with the allegations about illegalities and frauds related to temple...

'Disappointed With The Manner In Which DDA Has Dealt With Very Valuable Land' : Supreme Court Orders DDA Vice-Chairman To Appear

The Supreme Court recently expressed its disappointment with the manner in which the DDA had dealt with the valuable land.The bench of Justices MR Shah and BV Nagarathna was considering a miscellaneous application for directions in the civil appeal wherein the Top Court on August 31, 2016 had directed DDA a period of one year to exercise its liberty granted u/s 24(2) of the Right to...

NCDRC Directs Builder To Compensate Homebuyers For Delay In Refund Of Refundable Maintenance Deposit

The Bench comprising Justice SM Kantikar and Justice Binoy Kumar at the National Consumer Disputes Redressal Commission has ordered a refund of the refundable maintenance along with delay compensation @6% for the Flat Owners of Mantri Residency from Builders' agencies."...we are of the considered view that the Complainants are not only entitled for the refund of their refundable deposit...

Depletion Of Sex Ratio Resulting Into More And More 'Exchange Marriages': Gujarat High Court

The Gujarat High Court has observed that the depletion of the sex ratio in the State of Gujarat is resulting in more and more cases of exchange marriages. It may be noted that it is a form of marriage involving an arranged and reciprocal exchange of spouses between two groups.The Bench of Justice Sonia Gokani and Justice Mauna M. Bhatt observed thus while hearing a case while uniting a...

Supreme Court Weekly Digest With Headnotes + Nominal/Subject Wise And Statute Wise Index [February 6 to12]

Citations from 136 to 160

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC

In a significant order, the Chhattisgarh High Court has observed that if a wife leaves her matrimonial home due to the fact that her husband keeps another lady (concubine), and inflicts physical and mental torture upon her (wife), then it cannot be presumed as desertion on the part of the wife.With this observation, the Bench of Justice Goutam Bhaduri and Justice Rajani Dubey dismissed the...