Bombay HC Rejects Dumbare’s Plea For Parole For Misusing It Earlier [Read Judgment]

In view of the fact that there was overstay of 631 days, it cannot be said that the apprehension of the authorities that the petitioner, if released on furlough, will not report back in time and will abscond, is without any basis.The Bombay High Court in Chetan Ramdas Dumbare vs. State of Maharashtra, has dismissed Dumbare’s plea for furlough on the ground that he misused the opportunity...

Bombay HC Fines Auto Rickshaw Driver For Filing Frivolous PIL [Read Order]

A division bench of the Bombay High Court has imposed a cost of one lakh rupees on an auto rickshaw driver who claimed to be philanthropist and RTI activist. The petitioner, Sanjay Chavan filed a PIL seeking directions from the court for demolition of a 19 storey structure alleging that it was built on a plot reserved for the purpose of building a municipal school.Senior Counsel SU Kamdar who...

Rajasthan HC Dissolves OBC Commission [Read Judgment]

The Rajasthan High Court (Jaipur bench) in Samta Andolan Samiti vs. State of Rajasthan & Ors, has dissolved the State Other Backwards Classes (OBC) Commission as it was constituted in the absence of a state legislation enactment.The bench comprising of Justice KS Jhaveri and Justice Mahendra Maheshwari passed the said order when they were hearing a petition filed by the Samta Andolan...

Khan Market Eateries Disaster Waiting To Happen: Delhi HC Warns NDMC [Read Judgment]

The High Court of Delhi on Thursday observed that the first floor flats of Khan Market being used as restaurants are a disaster waiting to happen. It therefore directed the New Delhi Municipal Corporation to reconsider its policy which exempts restaurants with a seating capacity of less than 50 persons from obtaining clearance under the Delhi Fire Service Act.Justice Rajiv Sahai Endlaw...

Benami Transactions (Prohibition) Amendment Act, 2016 To Come In To Effect From Tomorrow [Read Bill]

The Income Tax department has notified that the Benami Transactions (Prohibition) Amendment Act, 2016 (BTP Amendment Act), will come into force from 1st November 2016. The new law seeks to give more teeth to the authorities to curb benami transactions.The notification issued by the Income Tax department, stated that after coming into effect,  the BTP Amendment Act, the existing...

Challenge Against Collegium System: Kerala HC Directs Centre To Make Available MoP Governing HC Judges’ Appointment

The single bench of the Kerala High Court has directed the Union of India to make available the memorandum of procedure (MoP) governing the appointment of judges of high court for considering the correctness of the objection raised by the Registry as to the maintainability of the writ petitions filed by Jacob Samuel and P Bijimon.Posting the matter of hearing, the above order was issued...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court recently observed that the ‘character’ of a rape victim was still not an ‘absolutely irrelevant’ circumstance in a rape trial.Much to the cheer of Delhi-Noida commuters, the High Court scrapped the Delhi-Noida Direct (DND) flyway toll on Wednesday and ruled that the concessionaire, Noida Toll Bridge Company, shall not impose any user...

Not Living Close To Spouse Doesn’t Violate Fundamental Or Civic Rights: Karnataka HC [Read Judgment]

It is trite to state that the petitioner cannot claim that right to have his wife transferred near his residence is a civil or fundamental right. Therefore, the petitioner is not justified in claiming that her non-transference to another place would violate his civil or fundamental right, the court stated.The Karnataka High Court in Sri Shreeshail Mudakappa vs The Chief Secretary, has dismissed...

Delhi HC Dismisses Plea Against Auction Of Taj Mansingh Hotel, Indian Hotels To Move To SC

The Delhi High Court’s division bench comprising Justice Pradeep Nandrajog and Justice Pratibha Rani in Indian Hotels Company Ltd (IHCL) vs. New Delhi Municipal Council (NDMC) has dismissed the plea of IHCL for a permanent injunction against public auction of Taj Mansingh Hotel.According to the collaboration agreement, the NDMC bore the cost for construction of the building while the cost...

Right To Form Governing Body In Minority Educational Institution Lies With Management, Not With University: Patna HC [Read Judgment]

The Bench has declared S.60(1) of Bihar State Universities Act, 1976 and, the proviso to Para 1 of the statute No. 32 of the University framed under the above Act, as unconstitutional, to the extent it applies to a minority educational institution, being violative of Articles 30(1) of the Constitution of India. A Division Bench of Patna High Court has declared Section 60(1) of the Bihar...

Bombay HC Directs College Students Accused Of Sexual Assualt To Do Social Work To Quash FIR

A division bench of the Bombay High Court has agreed to quash an FIR against five college students who were accused under various Sections under Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (sexual assault) in exchange for a fine and some cleaning work in the Badlapur Municipal Council. The alleged victim is a 17 year old who is studying...

False Allegations Of Sexual Perversity Against Husband Amounts To Cruelty, A Ground For Divorce: Delhi HC [Read Judgment]

The Delhi High Court has dismissed a petition against an order of dissolution of marriage and ruled that allegations of sexual perversity against a spouse amount to mental cruelty, justifying a decree of divorce.The wife had challenged order of the family court, whereby the marriage between the parties was dissolved. The couple, who entered into wedlock in 2004, gave birth to a daughter the...