Dismissal Of Land Acquisition Compensation Enhancement Claim Only Because Claimant Didn't Lead Evidence Not A Decision On Merits: Bombay High Court

The Bombay High Court recently held that dismissal of a compensation enhancement claim only because the claimant did not lead evidence cannot be termed a decision on merits. Observing thus, the High Court set aside the reference court's dismissal of five claims under the Land Acquisition Act, 1894.Justice Sharmila U. Deshmukh of the Aurangabad bench observed that the reference Court has...

Pending Inquest Proceedings U/S 174 CrPC No Bar For Magistrate To Order Registration Of FIR: JKL High Court

The Jammu and Kashmir and Ladakh High Court on Tuesday held that a case can be registered for investigation by lodging of FIR, on receipt of information about commission of cognizable offence without waiting for a conclusion of inquest proceedings initiated under section 174 CrPC.A bench of Justice M A Chowdhary observed, "Merely because the inquest proceedings were pending before the police...

State Must Uphold Citizen's Freedom Of Speech: Madras High Court Sets Aside Single Judge Order Imposing Conditions On RSS' Route March

The Madras High Court has allowed a batch of pleas challenging a single judge order imposing certain conditions on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS). The bench of Justice R Mahadevan and Justice Mohammed Shaffiq noted that the State must uphold the citizens' right to freedom of speech and expression. The court thus directed the RSS to...

Candidate Won’t Incur Disqualification Under Maharashtra Village Panchayats Act If Child Born After Cut-Off Date Is No More: Bombay High Court

The Bombay High Court recently held that a child who was born after the cut-off date but passed away before nomination, would not be counted to disqualify the parent from contesting panchayat elections under the Maharashtra Village Panchayat Act, 1959.Justice Arun R. Pedneker of the Aurangabad Bench set aside the authorities’ order disqualifying a woman on the ground that she had more than...

2019 Jamia Violence: High Court To Hear Delhi Police’s Plea Against Discharge Of Sharjeel Imam, Others On Monday

The Delhi High Court on Friday allowed urgent listing of the plea moved by Delhi Police challenging discharge of Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in 2019 Jamia violence case.Solicitor General Tushar Mehta mentioned the matter before a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad for urgent listing. The case will be heard...

[JKPSC Recruitment] Qualification In 'Relevant Subject' Has Wider Scope Of Eligibility Than Qualification In 'Subject Concerned': High Court

The Jammu and Kashmir and Ladakh High Court recently held that in matters of recruitment, the phrase 'qualification in relevant subject' has wider implications than the phrase 'qualification in subject concerned'.Finding so, it permitted a post graduate degree holder in 'Applied Geology' to apply for the vacant position of 'Geology' Assistant Professor, adding that the recruitment...

Consensual Teenage Relationship: Delhi High Court Grants Bail To Accused In POCSO Case As 'Victim' Says She Wants To Marry Him

The Delhi High Court has granted bail to a 21-year-old in a case registered under Protection of Children from Sexual Offences (POCSO) Act after the prosecutrix, who was 17 years old on the date of commission of alleged offence, submitted that she is desirous of marrying him. The couple already have a child, who is now about 18 months old.The petitioner was in custody for more than one year as...

[Excess Service] No Recovery From Employee In Absence Of Misrepresentation Regarding Date Of Superannuation: Gauhati High Court

The Gauhati High Court on Wednesday directed the Assam Power Distribution Company (APDC) to reimburse the excess pay and allowances to the legal heirs of a deceased Ex-Lineman which was paid due to oversight his date of superannuation and already deducted by the APDC. The Single Judge bench of Justice Devashis Baruah observed: “it has been admitted that it was on account...

Justice Sonia Gokani As Gujarat HC Chief Justice Would Facilitate Representation For Judges Drawn From Services In Office Of CJ: SC Collegium

The Supreme Court Collegium today recommended the elevation of Justice Sonia Gokani, who is the Senior Most Judge of the Gujarat HC as the Chief Justice of the High Court. Since the Supreme Court Collegium, by its resolution dated 31 January 2023, has recommended the elevation of Justice Aravind Kumar, Chief Justice of the High Court of Gujarat, as a Judge of the Supreme Court of...

Delhi High Court Directs Trial Courts To Decide Cases Pending Against MPs, MLAs On Priority

The Delhi High Court on Thursday directed trial courts in the national capital to decide pending cases against former and sitting lawmakers (MPs and MLAs) on priority.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a suo motu case initiated by it in the year 2020 concerning expedited trial of cases against MPs and MLAs. Keeping in view of...

When The Test Reports Are On Record, No Need To Go To The Websites And Wikipedia: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that when the test reports are available on record, there is no need to go to the website or Wikipedia.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that the exemption under the notification was provided to "Boron Ore." The product's test report...

In Camera Proceedings Can Be Allowed Under Section 151 CPC In Appropriate Cases: Delhi High Court

The Delhi High Court has observed that in-camera proceedings can be allowed to be held in appropriate cases under section 151 of Code of Civil Procedure, 1908. Justice Chandra Dhari Singh observed that merely because there is no express provision in CPC regarding in-camera proceedings does not mean that such proceedings cannot be allowed by court.“Proceedings in-camera mean the...