Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC

The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed“… if the applicant has stated any justifiable or valid reason for...

Decide AIADMK’s Representation For Updation Of Its Amended By-Laws Within 10 Days: Delhi High Court Directs ECI

The Delhi High Court on Wednesday directed the Election Commission of India to decide within ten days the representation of All India Anna Dravida Munnetra Kazhagam (AIADMK) for updation of its amended by-laws with the records of the constitutional body.The counsel representing ECI told Justice Purushaindra Kumar Kaurav that the Commission will take a call on the representation within...

Punjab and Haryana High Court Quashes FIR Against Persons Accused Of Abetting Suicide Of School Principal In 2014

The Punjab and Haryana High Court recently quashed a case of abetment to suicide, observing that there was no positive action on the part of accused, proximate to the time of occurrence, which may have led or compelled the deceased to commit suicide. Ranjit Singh, the Principal of Senior Secondary School, Latala, allegedly died by suicide in 2014. His son in the complaint said that he was told...

State Utilizing A Small Part Of Tax To Provide Conveniences To Any Religious Denomination Doesn't Violate Article 27: Allahabad HC

The Allahabad High Court has observed that if the State spends some money out of the taxes/revenue collected by it from the citizens for providing some conveniences or facilities to any religious denomination, the same will not be violative of Article 27 of the Constitution of India.For context, Article 27 of the Constitution of India mandates that no person can be compelled to pay any...

Bombay High Court Quarterly Digest: January To March 2023

Nominal Index [Citation 1 – 175]World Phone Internet Services Pvt. Ltd. v. One OTT Intertainment Ltd. In Centre 2023 LiveLaw (Bom) 1Lt. Col. Prasad Purohit v. National Investigation Agency 2023 LiveLaw (Bom) 2Vanashakti and Anr. v. Dharavi Redevelopment Project Slum Rehabilitation Authority and Ors. 2023 LiveLaw (Bom) 3Naresh s/o Netram Nagpure and Ors. v. State of Maharashtra 2023...

Children Not Property, Parents Don’t Have Absolute Rights Over Their Destiny: Bombay High Court

“In India, matrimonial disputes constitute the most bitterly fought adversarial litigations and a stage comes when warring couples stop seeing reasons…In such cases, court’s must exercise the parent patriae jurisdiction,” the Bombay High Court observed while making visitation arrangements in a bitterly fought, long drawn matrimonial dispute.A division bench comprising Justices RD...

[S.138 NI Act] Magistrate Has Judicial Discretion To Dispense Personal Appearance Of Accused: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that a Magistrate dealing with a complaint under Section 138 of the Negotiable Instruments Act can waive personal appearance of the accused, if it finds that insistence of his personal appearance would itself inflict enormous suffering or tribulations to the accused.Justice Javed Iqbal Wani observed,"Such discretion needs...

Appointment Offer Can't Be Cancelled Merely On Basis Of Previous Involvement In FIR Without Considering Reasoning In Judgment: Delhi High Court

The Delhi High Court has said that generalizations cannot be made to deny the offer of appointment merely on the basis of registration of FIR without considering the reasoning in the judgment and the relevant facts and circumstances.The division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta made the observation while directing the authorities to consider the appointment of...

Selection Committee Bound To Reconsider Employee For Promotion Based On Upgraded Performance Grade: Bombay High Court

The Bombay High Court recently held that when the grade of an employee is upgraded in his performance report, the selection committee has to reconsider him for promotion taking into account his upgraded grade.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne was dealing with an employee’s writ petition seeking promotion once his performance grade...

'Calculated Attempt To Exonerate Influential Accused': Kerala High Court Cancels Further Investigation In Misappropriation Case Against Vellappally Natesan

The Kerala High Court on Tuesday paved for trial to proceed against SNDP Yogam General Secretary Vellappally Natesan, in a case alleging misappropriation of funds.The Single Judge Bench of Justice Ziyad Rahman A.A. set aside the permission granted by a Magistrate Court in Kollam to conduct further investigation. It noted that the request for further investigation was made by a former member...

No Unrestricted Freedom To Sell Meat/Run Slaughter Houses On Religious Occasions Sans Complying With Food Safety Laws: Gujarat HC

The Gujarat High Court today held that there is no unrestricted freedom available to meat vendors, sellers, and slaughterhouse owners to do business in meat or to run slaughterhouses on the ground of religious occasions when they are otherwise non-compliant with the food safety laws. The bench of Justice NV Anjaria also noted that the activity of running unlicensed slaughterhouses and...

Right To Safe Food A Fundamental Right U/Article 21; Right To Sell Meat Subservient To Public Health: Gujarat High Court

Holding that right to safe food is a Fundamental Right under Article 21 of the Constitution of India, the Gujarat High Court today observed that the right to free trade in food items like meat, or any such food has to be subserving to the public health and food safety requirements. The bench of Justice N. V Anjaria opined thus while disposing of a bunch of PIL Pleas filed by meat vendors...