Punjab And Haryana High Court Monthly Digest: January & February 2023

Nominal Index [Citation: 2023 LiveLaw (PH) 1-37]M/s Simplex Infrastructure Ltd. & Anr. versus M/s J.P. Singla Engineers and Contractor 2023 LiveLaw (PH) 1Jagjit Singh @ Jaggi v. State of Punjab 2023 LiveLaw (PH) 2Sandeep Singh Sandhu vs. State of Punjab along with connected matters 2023 LiveLaw (PH) 3M/s. G.D. Goenka School v. Parveen Singh Shekhawat and Others and M/s. G.D. Goenka School...

Karnataka High Court Upholds Single Judge Order Against State's Decision Permitting Only Muslim Priest To Perform Rituals At Datta Peeta

The Karnataka High Court on Monday dismissed an appeal challenging a Single Judge's order which quashed State's decision to permit only a Mujawar (Muslim Priest) to perform the rituals at the Datta Peeta - a holy cave shrine in Chikmaguluru which is revered both by Hindus and Muslim communities.The State had ordered that only a Mujawar appointed by Shah Khadri shall be permitted to enter...

Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court

The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court. The bench of Justice Shekhar Kumar Yadav observed thus while refusing to entertain the plea filed by one Kalika Pratap Singh seeking to quash criminal proceedings initiated...

Res Judicata Not Attracted To Proceedings In Foreigners Tribunal If Previous Order Finding Petitioner 'Not Foreigner' Unreasoned: Gauhati High Court

The Gauhati High Court on Friday held that the principle of res judicata will not apply to a subsequent proceeding before the Foreigners Tribunal to determine whether a person is a foreigner or not, if the previous order of the Tribunal had not given any reason as to why it was of the view that the person is not a foreigner.The division bench of Justice Achintya Malla Bujor Barua and...

Delhi High Court Upholds Order Asking Man To Provide Maintenance For Wife's Child From Previous Marriage, Says Can't Avoid Responsibility Now

The Delhi High Court has observed that an individual marrying a person who has a child cannot be allowed to argue later that the child is not his or her responsibility. “When a person solemnizes a marriage with a person who already has a child, said person shall be presumed to have undertaken the responsibility of the child and also cannot later be permitted to contend that the child is...

HP Land Revenue Act | Discretion Vested In Revenue Officer To Convert Itself As A Civil Court To Decide Plea Of Adverse Possession: High Court

The Himachal Pradesh High Court has recently ruled that though for adjudicating the plea of adverse possession under Himachal Pradesh Land Revenue Act, 1954, discretion is vested with the Revenue Officer (not below the rank of Assistant Collector 1st Grade) either to convert itself as a Civil Court or to decide it otherwise, but, the discretion so vested is judicial discretion and cannot...

Prisoners Being Treated Equally In Jails, Parole Or Furlough Given Without Any Discrimination: Delhi Govt To High Court

The Delhi Government has told Delhi High Court that prisoners are being treated equally in jails in the national capital and parole or furlough is extended to them without any discrimination.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad closed proceedings in a suo moto case initiated in 2015 on the issue of preferential treatment given to certain...

Madras High Court Weekly Round-Up: February 27 To March 5, 2023

Citations: 2023 LiveLaw (Mad) 67 To 2023 LiveLaw (Mad) 76 NOMINAL INDEX Saminathan v Union of India and others, 2023 LiveLaw (Mad) 67 State of Tamil Nadu and others v. The Correspondent, 2023 LiveLaw (Mad) 68 2023 LiveLaw (Mad) 69 Dr. C Vijayabhaskar v. State of Tamil Nadu, 2023 LiveLaw (Mad) 70 State v. Dadayutham @ Kannan and others, 2023 LiveLaw (Mad)...

Karnataka High Court Directs Police To Register Visually Challenged Person's Complaint Under PwD Act Instead Of Relegating Him To Common Law Remedy

The Karnataka High Court has made it clear that a disabled person raising a complaint under provisions of the Right of Persons with Disabilities Act, cannot be directed to seek relief under common law remedy. A single judge bench of S R Krishna Kumar allowed the petition filed by visually challenged Basavanand Swamigalu and set aside a communication issued by the police rejecting his...

Creation Of Special Authority No Reason To Condone Delay, Party Must Offer Explanation: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently set aside an order of the Assistant Labour Commissioner condoning at least 15 years delay by certain persons in seeking compensation under Employees Compensation Act on behalf of their relatives, on the solitary premise that it is a creation of special legislation.Justice Rajesh Sekhri observed,"Creation of an Authority under...

Kerala High Court Refuses Bail To Pulsar Suni In 2017 Actor Assault Case

The Kerala High Court on Monday dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case. Justice P.V. Kunhikrishnan while dismissing the bail application, observed, "The prosecution case is very serious. The prosecution case is that, the victim was taken in a car and she was sexually harassed brutally by the...

Delhi High Court Sets Aside Order Directing Registration Of FIR Against BJP Leader Shahnawaz Hussain, His Brother In Alleged Rape Case

The Delhi High Court has set aside a trial court order directing registration of FIR against BJP leader Syed Shahnawaz Hussain and his brother in an alleged rape case. The woman had alleged that Hussain’s brother Shahbaz Hussain raped on her on the false pretext of marriage in 2017 whereas the BJP leader asked her to not highlight the matter and raise a hue and cry.While the...