Bombay HC Slams Govt For Not Procuring Noise Meters

The Bombay High Court on Monday slammed the state government for not procuring noise decibel meters ahead of the festival season. It was hearing a contempt petition against KP Bakshi, Additional chief Secretary (Home).This is not the first time that the state government has failed to comply with court orders. A contempt notice was issued against Bakshi, who was present in the court, after...

Bombay HC Gives Interim Relief To Kapil Sharma On Building Demolition [Read Petition]

The Bombay High Court on Monday ordered an interim stay on a notice issued by the Brihanmumbai Municipal Corporation (BMC) dated April 28, 2016, that directed demolition of portions of an 18-storey building, in which comedian Kapil Sharma owns a flat, in Goregaon.Sharma, who had challenged the said order, stated in his petition that he had not carried out any unauthorised construction at...

Mumbai RTI Activist Bhupendra Vira Shot Point Blank

In yet another brutal attack on an RTI activist in Maharashtra, Bhupendra Vira was shot dead at his residence in Santacruz, Mumbai, on late Saturday night. Although the identity of the assailant is yet to be verified, but it is largely being alleged that he was targeted for taking on the land mafia.The 72-year old activist, who had waged a battle against unauthorised structures and...

Temporary Disconnection Of Water Supply Does Not Amount To Mischief: Delhi HC [Read Judgment]

The Delhi High Court has ruled that temporary disconnection of water supply does not constitute ‘mischief’. The court stated that the act does not confirm to the essential provisions defining the offence of ‘mischief’ under Section 425 IPC.The single judge bench of Justice Mukta Gupta quashed summons issued to the respondents and stated that, ‘one of the essential ingredients of...

Demand For Privacy By Spouse Isn’t Cruelty, Not A Valid Ground For Divorce: Delhi HC [Read Judgment]

“Privacy is a fundamental human right. So when a woman enters into matrimony, it is the duty of the family members of her matrimonial home to provide her with some privacy.” the court said.The Delhi High Court has dismissed a divorce petition filed by the husband (appellant) in Mini Appa Kanda Swami @ Mani v. M Indra under section 13(1)(ia) [cruelty and desertion] of the Hindu Marriage...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court in Rajendra vs. State Of Maharashtra, held that the cognisance of offences punishable under Chapter IV of the Drugs and Cosmetics Act, 1940, cannot be taken on the basis of the charge sheet filed by the police under section 173 of the Code of Criminal Procedure (CrPC). Calcutta High Court“Do not pit one community against another”, the Calcutta...

Cops Entitled To Protection If Act Is Reasonable, Even If In Excess Of Duty: Bombay HC [Read Judgment]

"It is true that, protection given under section 197 of the Code has certain limitations and is available only when the alleged act of the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act", said the Court. The Bombay High Court (Aurangabad Bench) in Asif Yusuf Patel v. The State of Maharashtra &...

Court Cannot Take Cognizance Of Offence Chapter Under IV Of The Drugs And Cosmetics Act On The Basis Of Police Report: Bombay HC [Read Judgment]

The Bombay High Court in Rajendra  vs. State Of Maharashtra, has held that the cognisance of offences punishable under Chapter IV of the Drugs and Cosmetics Act, 1940,  cannot be taken on the basis of the charge sheet filed by the police under section 173 of the Code of Criminal Procedure (CrPC).Quashing proceedings against one Rajendra, Justice S.S. Shinde and Justice Sangitrao S....

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal (special category) and cannot be merged with vertical (social category) reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against...

Parliamentary Standing Committee To Examine Inordinate Delay In Appointments To SC And HCs

The Standing Committee on Personnel, Public Grievances, Law and Justice has reportedly decided to look into the inordinate delay in appointments being made to the Supreme Court and to various High Courts of the country.The process would include the Law Ministry presenting its position on the issue before the Parliamentary panel.Besides, the Panel has decided to examine the functioning of...

Rajasthan HC directs Govt. To Amend Rules To Ensure Hassle-free Issue Of Birth Certificate To Single Mothers

In a progressive judgment reaffirming the rights of single mothers, the Rajasthan High Court directed the state government to amend existing rules and provide necessary guidelines to ensure painless issuance of birth certificate to single mothers. “To ward off denial of Birth Certificate to the single parent or unwed mother or woman, a direction is, hereby, issued to the State of Rajasthan...

Dowry Complaints Must Be Approached Cautiously As That’s Serious Matter For Accused: Punjab & Haryana HC [Read Judgment]

The allegations against the petitioners are vague, omnibus and general in nature and appear to have been made out of frustration just to widen the net and continuation of proceedings against the petitioners on the basis of such bald and baseless allegations is nothing but an abuse of process of law. It cannot be forgotten that there is a tendency to rope in the relatives of the husband in...