All High Courts Weekly Roundup [07 February- 13 February, 2022]

Allahabad High Court 1. UP Power Corporation EPF Scam: Allahabad High Court Grants Bail To Prime Accused Parveen Kumar Gupta Case title - Parveen Kumar Gupta v. State Of U.P.Thru C.B.I./A.C.B. Lucknow Case citation: 2022 LiveLaw (AB) 37 The High Court granted bail to the former General Manager of Uttar Pradesh Power Corporation Limited and prime accused in the Corporation's EPF...

'We Are Of The View That Such A Petition Cannot Be Maintained': Calcutta HC Reserves Judgment in PIL Seeking Removal Of WB Governor Jagdeep Dhankhar

The Calcutta High Court on Monday reserved judgment in the Public Interest Litigation (PIL) petition praying for a direction to the Central government to remove Jagdeep Dhankhar as the Governor of West Bengal, claiming that he was acting as the 'mouthpiece of the Bharatiya Janata Party'. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj orally observed, "We...

Plea Before Kerala High Court Accuses State Electricity Board Of Illegally Creating Massive Financial Liabilities On Consumers

A Public Interest Litigation (PIL) has reached the Kerala High Court alleging that the Kerala State Electricity Board is running on heavy loss due to its unjustified salary structure which is thereby causing the liability to be passed on to the consumers.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly on Monday admitted the PIL filed by Kerala High Tension &...

Public Prosecutor Must File Independent Report Justifying Detention Of Accused Beyond 180 Days U/S 36A(4) NDPS Act: Punjab & Haryana HC

The Punjab and Haryana High Court has held that default bail to an accused charged under NDPS Act cannot be denied on the pretext of investigation not being complete within the stipulated period of 180 days, unless the Public Prosecutor, after he has independently applied his mind, files a report disclosing justification for keeping the accused in further custody to enable the...

Gujarat High Court Weekly Round-Up [7 February - 13 February 2022]

1. Encroachment Over Public Land Can't Be Retained Citing Right To Shelter: Gujarat High Court Case Title: Bandhkaam Mazdoor Sangathan vs State Of GujaratCase citation: 2022 LiveLaw (Guj) 26While dismissing a PIL seeking to restrain the Railway authority from evicting slum dwellers until rehabilitation, the Gujarat High Court has held that the right to shelter is not a ground to...

Only Use Of Motor Vehicle Required To Be Established U/S 163A MVA; Need Not Prove Someone Else Was Driving Negligently: Gujarat High Court

Affirming that it is not necessary under Section 163A of the Motor Vehicles Act to prove that somebody else was driving the vehicle rashly and negligently which resulted in the death of the victim, the Gujarat High Court has imposed liability on the insurance company to pay compensation to the family of the deceased. The Bench comprising Justice Sandeep N Bhatt ordered this in connection...

Non-Examination Of Child Witnesses Not Fatal To Prosecution Case When Adult Witnesses Available: Telangana High Court

The Telangana High Court recently ruled that children cannot be called to the court and cited as witnesses unless it is very much essential and there were no other witnesses to prove the case. The non-examination of children is not fatal to the prosecution case when there were adult witnesses available, it added. The observation was made by Justice G. Radha Rani, while hearing an...

Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that the mere fact that FIR was lodged against the accused as a counter blast by itself cannot be a ground to quash the FIR under Section 482 of CrPC. It is a matter to be ascertained by the Investigating Officer during the course of investigation, it held. Justice Cheekati Manavendranath Roy observed,"that the present report was...

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court

Gujarat High Court Bench comprising Justice Biren Vaishnav while allowing the Petition challenging the order terminating the Petitioner's services has observed as follows; "The employer is not allowed to hire and fire even if the employee, maybe ad hoc or probationer, and the services cannot be given a go-bye by one stroke of pen on the ground of misconduct by casting stigma,...

Bombay High Court Summons Notary Alleged To Be Practicing With 3-4 Clerks Posing As Notaries

The Bombay High Court has summoned a Notary to personally appear before it at 10.30am today, since he is alleged to be operating from outside the High Court building with 3-4 clerks operating at the same time as the Notary himself.A Notary is a service which is used to certify authenticity of a document and the document is supposed to be notarised after the Notary verifies a copy with...

Unemployment Of Husband Would Not Absolve Him From Responsibility To Maintain His Wife: Delhi Court Upholds Interim Order Of Maintenance

Observing that mere fact that the husband is unemployed would not absolve him from his responsibility to maintain his wife, a Delhi Court has upheld an order awarding a meagre amount of interim maintenance of Rs. 5,133 per month to the wife.Additional Sessions Judge Sanjay Sharma of Tis Hazari Courts observed that the husband cannot shirk his responsibility regarding interim maintenance...

Gujarat High Court Grants Protection To Young Couple Wishing To Marry

The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt while granting protection to a young couple wishing to marry each other, admitted the writ of habeas corpus seeking the release of Jayaben Shrimali from the care of the District Legal Service Authority, Banaskantha. The Court had, on an earlier occasion, granted protection to the corpus who was interested in marrying...