For Settling The Civil Disputes of the Parties, The Writ Of Habeas Corpus Cannot Be Entertained; Madhya Pradesh HC [Read Order]

The Gwalior Bench of Madhya Pradesh High Court on Friday (24th July) observed that the petition in the nature of Habeas Corpus should be filed only in genuine cases.The bench of Justice G. S. Ahluwalia was hearing a case where the petitioner claimed that his wife is in illegal confinement of her parents i.e. respondent No. 4 to 13.Background of the CaseA petition under Article 226 of...

Bureaucrats Can't Bypass Local Bodies While Calling Tenders For Matters Reserved For Local Administration: Madras HC [Read Order]

The Madras High Court has clarified that the district authorities, such as Block Development Officer, District Collector, cannot bypass the local administration, i.e. panchayat or the rules governing the local administration. Holding thus, the bench of Justice GR Swaminathan quashed a tender notification issued by the Block Development Officer, Thiruppuvanam, for it ought to have...

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]

The Rajasthan High Court has directed its Registry to ensure that appeals preferred under the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act are instituted only after the complainant/ victim in the case is impleaded as a Respondent-party. The order has been passed by Justice Sandeep Mehta in view of Sections 15(3) and 15(5) of the SC/ST Act that confer on the...

SC Dismisses SLP filed by Office Assistants Of TN Courts Seeking Promotion To Post Of Junior Bailiffs [Read Judgment]

The Supreme Court has dismissed the Special Leave Petitions filed by persons working as Office Assistants/Record Clerks in various courts in Erode District of the State of Tamil Nadu claiming promotion to the post of Junior Bailiff. The writ petitions filed by 22 persons, of whom 3 are working as Record Clerks and the rest working as Office Assistants in various courts in Erode District...

'Consider Grievances Raised' : Calcutta HC Disposes PIL Against Amazon Web Series 'Paatal Lok'

The Calcutta High Court has disposed of a Public Interest Litigation against Web Series "Paatal Lok" with a direction to consider the grievance raised in this regard and pass appropriate orders.One Pranay Rai approached the High Court alleging that certain portions of "Paatal Lok' Web Series aired in Amazon Prime are defamatory of the Nepalese Community and projects the Nepalese community in...

Calcutta HC Directs Andaman & Nicobar Administration To Ensure Computer Access, E-Connectivity At JJBs, CWCs [Read Order]

The Calcutta High Court has required the Andaman and Nicobar Islands administration to take all steps for purchasing computer systems and for ensuring data connectivity to all the Juvenile Justice Boards and Child Welfare Committees, presently operating in the region.Justices Soumen Sen and Harish Tandon were informed that connectivity is an issue which has not yet been resolved instead...

No Absolute Bar On Permitting Residential Use Of Paddy Land Even If Property Was Purchased After The Commencement Of Act : Kerala HC

The High Court of Kerala has held that there is no absolute prohibition in considering an application seeking permission to use paddy land for residential purposes, even if the property was purchased after the commencement of the Kerala Conservation of Paddy Land and Wetlands Act 2008('The Act').Holding thus, a single bench of Justice Alexander Thomas set aside the order passed by the...

High Courts Weekly Roundup

Week Commencing From July 20 to July 26, 2020 Allahabad High Court 1) "We Expect Organizers & UP Govt. Would Ensure Social/Physical Distancing Protocol": Allahabad HC Dismisses PIL Against 'Bhoomi Poojan' Of Ram Mandir [Saket Gokhale v. Shri Ram Janmabhoomi Tirthe Kshetra & Anr.] "We expect the organizers and the Government of Uttar Pradesh would ensure all the...

'Default' Of Instalments Under Settlement Agreement Not "Operational Debt" Under IBC: NCLT [Read Order]

Whether 'Default' of instalments under a settlement Agreements is an "Operational Debt" under the Insolvency and Bankruptcy Code, 2016 ("the Code")? This question has been answered in negative by the National Company Law Tribunal, New Delhi in its Judgement dated 22.07.2020 passed in the matter of "Brand Realty Services Limited vs Sir John Bakeries India Private Limited,...

Revised Wages of Prisoners Finally Implemented After A Year: Delhi HC Directs Delhi Govt To Pay Arrears, Suspends 25% Deduction For Victim Welfare Fund [Read Order]

Director General (Prisons) has finally approved the grant of revised wages to prisoners as per the rates mentioned in the Delhi Government's communication dated 20/06/2019. In light of this approval, the Delhi High Court has directed the Delhi Government to pay arrears to the prisoners from the date of the Communication on revised wages, which is, June 20, 2019. The...

NLUJAA Students Seek Removal Of Vice Chancellor Facing Sexual Harassment Allegations

Seeking that the Vice-Chancellor of National Law University and Judicial Academy Assam (NLUJAA), Professor (Dr.) J S Patil - who is facing investigation in an FIR on sexual harassment allegations - should temporarily step down during the pendency of the probe, the Student Bar Council of the University has written to the Chief Justice of Gauhati High Court, who happens to be the Chancellor of...

'The Legislature Didn't Intend To Debar A Juvenile From Seeking Relief Of Pre-Arrest Bail', Punjab & Haryana HC [Read Order]

In a significant order, the Punjab & Haryana High Court has held (on 24th of July) that a petition for grant of pre-arrest bail (also known as Anticipatory Bail) by a juvenile "cannot be held to be not maintainable."The bench of Justice H.S. Madaan observed,"It could certainly not be the intention of the legislature that such juvenile should be first apprehended and then produce...