High Courts Weekly Roundup [November 8, 2021 To November 14, 2021]

Allahabad High Court 1. "Refer To 'Talisman' Given By Mahatma Gandhi In Case Of Dilemma About Right Decision": Allahabad HC Tells UP Govt Officers [Unnati Management College And 4 Others v. Rakesh Kumar,Director] In a significant observation, the High Court asked the Uttar Pradesh Government officers to refer to the Talisman given by the Father of the Nation, Mahatma Gandhi...

"Imposition Of Onerous Conditions For Grant Of Bail Tantamount To Denial Of Bail": Supreme Court

The Supreme Court of India has recently observed that imposition of onerous conditions for grant of bail is tantamount to denial of bail."We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail", the Court said. A Bench comprising Justice Nageswara Rao and Justice BR Gavai made the observation...

Section 3 Of Senior Citizens Act Cannot Be Deployed To Override Or Nullify Women's Right To A Shared Household: Delhi High Court

The Delhi High Court on Monday held that Section 3 of the Senior Citizens Act, 2007 cannot be deployed to override and nullify other protections in law particularly a women's "right to a shared household" under Section 17 of the DV Act. Justice Asha Menon added that the factual situation has to be assessed on a prima facie evaluation before directing the eviction of the daughter-in-law from...

Aryan Khan Case : Mumbai Court Asks NCB To Approach Pune Court For Permission To Record KP Gosavi's Statement

The Special NDPS court, on Monday disposed of the Narcotics Control Bureau's plea to record the statement of KP Gosavi, the infamous witness in the cruise drugs case whose selfie with Aryan Khan went viral on social media. The NCB sought permission to record Gosavi's statement in Yerwada central prison, where he is lodged in connection with a separate cheating case from 2018,...

'Cybersecurity In India Hasn't Received The Attention It Deserves': Plea In Supreme Court Seeks Guidelines To Combat Hacking, Cyber Crimes, Data Theft

The Supreme Court today adjourned the writ petition which sought for formulation of new guidelines to combat hacking, cyber crimes, data theft and allied issues for November 26, 2021.The bench of Justices AM Khanwilkar and CT Ravikumar directed Advocate Vivek Narayan Sharma appearing for the petitioner to serve an advance copy of the petition to Centre's (Ministry of Electronics and...

Calcutta HC Seeks Response From Suvendu Adhikari By Nov 29 In Mamata Banerjee's Election Petition Against Nandigram Results, Next Hearing On Dec 1

The Calcutta High Court on Monday adjourned the hearing of election petition filed by West Bengal Chief Minister Mamata Banerjee challenging BJP MLA Suvendu Adhikari's election win from the Nandigram constituency in the 2021 West Bengal Assembly Polls to December 1. On the previous date of hearing, a similar adjournment had been sought on the ground that a transfer petition has been filed...

Supreme Court Collegium Recommends The Elevation Of Advocate Saurabh Kirpal As Delhi High Court Judge

The Supreme Court Collegium, in its meeting held on 11th November 2021, approved the proposal for the elevation of Saurabh Kirpal, Advocate, as Judge in the Delhi High Court.A statement issued in this regard states thus:"The Supreme Court Collegium in its meeting held on 11th November, 2021 has approved the proposal for elevation of Shri Saurabh Kirpal, Advocate, as Judge in the Delhi...

'Hypocrite' 'Illegal': Calcutta HC Directs State Gov To Initiate Proceedings Against Recovery Officer For Rejecting Claim Of Jute Mill Worker Under Payment of Gratuity Act, 1972

The Calcutta High Court recently came down heavily on the Certificate Officer, an officer in the District Magistrate's Office, Howrah for denying the claim for superannuation of a retired Jute Mill worker under the provisions of the Payment of Gratuity Act, 1972. The Court further set aside the order of the Certificate Officer by terming it as 'illegal and bad in the eye of law'. Justice...

Swap Transplants Permissible Even If Donor-Recipients Not Near Relatives, Provided Special Reason Exist For Donation: Kerala High Court

It was held that the State's Guidelines for Altruistic and Exchange Donation will be inoperative to the extent it restricts Swap Donations only between near relatives.

'Can Kannada Be Made Compulsory Subject In Degree Courses As Per NEP?': Karnataka High Court Asks Centre

The Karnataka High Court on Monday asked the Central Government if States can, under the National Education Policy (NEP), make study of regional language compulsory for students enrolling in degree courses.While hearing a plea challenging the Karnataka Government's decision making Kannada language a compulsory subject in degree courses in the State, a division bench of Chief Justice Ritu...

Workman Employed For A Particular Project Can't Claim Permanent Status After Project Ends : Allahabad High Court

The Allahabad High Court recently observed that when a workman is employed for a particular project, the services of that employee come to an end when the project is over and, therefore, such a workman could not be given permanent status.This assertion came from the Bench of Justice Siddhartha Varma while relying upon the ruling of the Apex Court in the case of Lal Mohammad and Ors. vs....

'Not Secular Money': Madras High Court Restrains HR&CE Dept From Establishing New Colleges

The Madras High Court has put an interim stay on setting up of new educational institutions by the Hindu Religious & Charitable Endowments (HR&CE) Department, using surplus Temple funds, other than the four colleges that are already set up.A bench comprising of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu noted that even though imparting education must be appreciated,...