If Sufficient Cause Is Shown, Delay Can Be Condoned For Substantive Justice U/S 5 Limitation Act: Gujarat High Court Grants Relief To Govt Company

"The consideration which cannot be ignored is that if sufficient cause for excusing delay is shown, discretion is given to the Court to condone delay and admit the appeal. This discretion has been deliberately conferred on the Court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice", the Gujarat High Court observed recently....

Purpose Of Admitting Students In Schools Under EWS Category Is To Ensure Access To Quality Education To Under-Privileged Students: Delhi High Court

The Delhi High Court has observed that the purpose of admitting students to schools under the Economically Weaker Section (EWS) category is to ensure that students of the under-privileged strata of society get access to quality education as envisaged under Article 21A of the Constitution of India. Justice Rekha Palli was dealing with a petition moved by a private unaided and recognised...

Covid-19: Courts In Rajasthan To Function In Virtual Mode Till 8 February; HC Issues Guidelines For Functioning In Hybrid Mode From 9 February

In view of the gradual improvement in the conditions arising out of Covid-19 and relaxation in the conditions imposed by the State Government, the Registrar General of Rajasthan High Court has decided to extend the virtual hearing of Rajasthan High Court, Subordinate Courts, Special Courts and Tribunals in Rajasthan till 8 February 2022. The Registrar General also issued guidelines...

Writ Jurisdiction Can Be Exercised If Order Of Quasi Judicial Authority Is Not Reasoned/ Non-Speaking: Andhra Pradesh High Court

The Andhra Pradesh High Court ruled that quasi judicial authorities are not exempted from giving cogent reasons for orders given by them and the Constitutional Court in the exercise of writ jurisidiction can interfere with the final orders if they suffers from manifest error. The Petitioner is the owner of an extent of Ac. 2.50 cents land near Krishna River. Due to excess flow of...

Rajasthan HC Refuses To Give Directions In Plea Seeking Protection & Maintenance Of Wildlife To Control Man-Animal Conflict In Kumbhalgarh & Todgarh Wildlife Sanctuaries

The division bench of Rajasthan High Court refused to give directions in a plea seeking protection & maintenance of wildlife to control man-animal conflict & rescue and animals in distress in kumbhalgarh & todgarh wildlife sanctuaries. Through this petition, the petitioner has taken up the cause of proper protection and maintenance of wildlife in and around Kumbhalgarh...

Delhi Riots: High Court Grants Bail To Two Men Who Were Incarcerated For A Year Since Filing Of Chargesheet In Multiple FIRs

The Delhi High Court has granted bail to two men in multiple FIRs concerning the North East Delhi riots of 2020 noting that they were incarcerated in jail for a year since the filing of Chargesheet. Justice Subramonium Prasad granted bail to Deepak and Raj Singh in FIR nos. 64/20, 65/20 and 67/2020 registered in Shastri Park police station. Apart from the three FIRs, Raj Singh was also...

Can A State Restrict Employment On The Basis Of Domicile?: Punjab & Haryana High Court To Examine

While putting an interim stay on the implementation of Haryana state's law providing for 75% reservation for state domicile in the private sector, the Punjab and Haryana High Court underscored that the core issue which is to be examined is - whether any State can restrict employment (even in the private sector) on the basis of domicile.The stay on the law came from the Bench of Justice...

Allahabad High Court Monthly Digest: January 2022

Judgments/Orders of January 20221. 'Prayers Omnibus In Nature': Allahabad High Court Refuses To Entertain PIL On Alleged Corruption In MadarsasCase title - Mohammad Imran v. State Of U.P. Thru Addl.Chief Secy.Minority Wefare And Ors.Case Citation: 2022 LiveLaw (AB) 1The High Court refused to entertain a Public Interest Litigation (PIL) plea filed by a farmer to point out corruption in...

"Young Students Should Not Be Denied Opportunity To Pursue LLB Degree": High Court Directs Delhi University To Fill Vacant Seats

The Delhi High Court has directed the University of Delhi to fill up all the available vacant seats across all the categories in its LLB course, with a period of two weeks, notwithstanding the cut-off date for admission.Justice Rekha Palli observed that young students should not be denied the opportunity to pursue LLB degree who have shown their grit and determination in clearing the...

Order IX Rule 13 CPC | Defendant Can Only Take Part In Hearing After Ex-Parte Decree Against It Is Set Aside, Can't File Written Statement: Orissa HC

The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, the defendant neither can be relegated to the original position nor can be allowed to file a written statement. While giving partial relief to the respondents, the Single Judge Bench of Justice K.R. Mohapatra cited the observation from the judgment in State of Orissa...

Local Train Travel for Unvaccinated: "Can't Claim Personal Liberty If It Affects Another Person's Right To Life" - Maha Govt To Bombay High Court

Personal liberty under Article 21 of the Constitution of India cannot be asserted if it affects another person's right to life, the Maharashtra Government told the Bombay High Court on Friday defending its stand to allow only fully vaccinated individuals to travel on local trains."So long as you are enjoying your personal liberty under Article 21, it's alright. However, the moment you move out...

Nehru Place Fire Incident: Manushi Sangathan Moves Delhi High Court Challenging Mock Drill Report

Manushi Sangathan, an organization representing 67 hawkers and vendors, has moved the Delhi High Court challenging the mock drill report submitted by Delhi Fire Service in the suo moto case registered last year following a fire incident at a building in the Nehru Place market. The mock drill report stated that the time taken by various agencies in reaching the spot was too high thereby...