Delhi High Court 'Amazed' At ITBP Personnels' Plea For Redeployment In Afghanistan; Dismisses Plea Saying 'No Vested Right'

The Delhi High Court has dismissed petitions filed by 30 Indo Tibetan Border Police (ITBP) personnel seeking redeployment in Afghanistan, which is now under a threat of recapture by Taliban militants, after observing that they have no vested right to be deployed there.A division bench comprising of Justice Rajiv Sahai Endlaw and Justice Amit Bansal also observed that matters pertaining...

High Courts Weekly Round Up [August 2, 2021 – August 7, 2021]

Allahabad High Court "Live-In Relation Can't Be At Cost Of Country's Social Fabric": Allahabad HC Imposes 5K Cost On Married Woman Living With Partner (Smt. Aneera & Anr v. State of Uttar Pradesh) Observing that live-in-relationship cannot be at the cost of the social fabric of this Country¸the High Court recently dismissed the protection plea of a married woman living with...

State Should Take Steps To Stop All Activities Which Impede Natural Flow Of Water: Rajasthan High Court

The Rajasthan High Court last week asked the State to take steps to stop all activities which impede the natural flow of water for the larger purpose of providing drinking water to its citizens and animals as well as providing water for irrigation. The Bench of Chief Justice Indrajit Mahanty and Justice Vinit Kumar Mathur was hearing a plea filed by Kisan Vikas Sewa Samiti...

Madras High Court Hopes State Govt To Completely Vaccinate People With Disabilities By September End

The Madras High Court has said that it hopes that the State Government will completely vaccinate people with disabilities residing in the State by September end subject to the statutory gap between the two doses.A division bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was dealing with a petition concerning special measures being adopted by the State...

False Prosecution- 'Psychosis' Patient Suffers 13-Yr-Jail Term In Murder Case: MP High Court Acquits Him, Orders 3 Lakh Compensation

The Madhya Pradesh High Court recently directed the State Government to pay Rs. 3 Lacs to a man for his false and malicious prosecution who was suffering from psychosis and remained in jail for approximately 13 years for no mistake on his part on the charges of murder. The Bench of Justice G. S. Ahluwalia and Justice Rajeev Kumar Shrivastava remarked thus: "His honourable acquittal...

Illiterate Bail Applicant Fails To Sign Vakalatnama: MP High Court Directs Co-Prisoner To Teach Him To Write His Name

The Madhya Pradesh High Court recently deferred hearing on a bail application after noting that the bail applicant had, instead of putting his signature in the Vakalatnama put a thumb impression. Noting that it was very unfortunate that a youth of 22 years is completely illiterate and even he cannot write his name, the Bench of Justice Vivek Rusia deferred the hearing on the...

Condition Of Pre-deposit Of Fine Amount Cannot Be Imposed To Hear Revision Petition Filed By Convict: Supreme Court

The Supreme Court observed that deposit of fine amount cannot be made a condition precedent for hearing revision petition under Section 397 of the Criminal Procedure Code.In this case, the accused was convicted for the offence under Section 138 of the Negotiable Instruments Act, was sentenced to fine in the sum of Rs.6,00,000/-. It was also stipulated that the stipulation that in the event...

Bikru Encounter: Wife Of Gangster Vikas Dubey's Aid Moves Supreme Court Against Refusal Of Bail

The Petitioner has argued that she was admittedly a minor on the date of occurence and she was made an accused because her husband's name is appearing in the FIR.

Supreme Court Directs NOIDA To Pay Compensation To Land Owner Who Was Dispossessed Illegally

The Supreme Court directed NOIDA to pay compensation to aggrieved land-owners who were dispossessed of their lands without following due process. The land owner, Nayan Tara, had approached the Allahabad High Court in 2013 contending that she was wrongfully and illegally dispossessed from her land by without following due process of law and without any land acquisition proceedings. The High...

Supreme Court Weekly Round Up, August 2 To August 8, 2021

JUDGMENTS THIS WEEK1. Emergency Arbitration Award Enforceable In Indian Law : Supreme Court Rules In Favour Of Amazon In Case Against Future RetailCase: Amazon.com NV Investment Holdings LLC vs. Future Retail Limited ; CA 4492-4493 OF 2021Citation: LL 2021 SC 357The Supreme Court this week ruled in favour of e-commerce giant Amazon in its dispute with Future Retail Limited(FRL) over...

Are Children From Second Marriage Entitled To Share In Ancestral Property?: Supreme Court Issues Notice

Whether children from a second marriage would have a share in ancestral property? The Supreme Court issued notice in a special leave petition which raised this issue.In this case, the petitioner had approached the Apex Court challenging a High Court observation that the children should not inherit a share in the property of their grandmother since they were born out of 'the second...

'Kirpan' Part Of Religious Belief ; Fact That It Can Be Used As Weapon Does Not Ipso Facto Make It A Weapon Of Offence: Supreme Court

The fact that kirpan carried by members of a specific community as part of religious belief can also be used as a weapon of offence, does not ipso facto make it a weapon of offence, the Supreme Court observed while acquitting an accused of murder charge.The case arise out of an incident happened in the year 1999. The appellant Om Prakash Singh and a co- accused were fighting amongst...