Bombay High Court Asks State Govt To Inform It About Its Policy On Removal Of Obstructions From Footpaths

The Bombay High Court on Monday asked the State to inform the court about its policies regarding obstructions on footpaths in Mumbai. A division bench of Justice GS Patel and Justice SG Dige, in a suo motu petition, expressed concern regarding the lack of space for pedestrians to walk due to structures like police chowkis, bus stops, and shops on the footpaths. The court also said...

15% Of School Fee Paid During COVID Period (2020-21) To Be Adjusted/Refunded To Students, Orders Allahabad High Court

The Allahabad High Court on Monday directed the private schools to adjust/pay back the excess money (15% of the total fee) that was charged from students during the COVID Pandemic period (2020-21 session). The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir ordered thus while hearing a bunch of petitions filed by aggrieved parents from all over the State seeking regulation...

Pathaan Movie: Delhi High Court Directs Yash Raj Films To Prepare Audio Description, Subtitles For Hearing & Visually Impaired People

The Delhi High Court on Monday directed Yash Raj Films to prepare audio description, close captioning and subtitles in Hindi language for the OTT release of its upcoming movie Pathaan to make it accessible for hearing and visually impaired persons.The movie is scheduled to be released in theatres on January 25 and will be screened on Amazon Prime later in April. Justice Prathiba M Singh...

Karnataka High Court Strikes Down State Govt's Power To Regulate Fees For Unaided Private Schools

The Karnataka High Court has held that state government cannot interfere and control the fee structure of private unaided educational institutions. It thus declared as ultra vires Section 48 of the Karnataka Education Act 1983 which prohibits private unaided schools from collecting fee in any manner except as prescribed by the State governmentA single judge bench of Justice E S Indiresh...

Mere Possibility Of More Money In Public Contract Cannot Be Sole Criteria For Terminating Contracts: Delhi High Court

Allowing petitions that had challenged National Highways Authority of India (NHAI)'s decision to invite fresh bids for collection of user fee at two toll plazas in Haryana during subsistence of ongoing contracts, the Delhi High Court has ruled that a mere possibility of more money in a public contract cannot be the sole criteria for terminating contracts and more particularly, the contracts...

'Substantial' Compliance Of S. 50 NDPS Act Can't Be Ascertained At The Stage Of Bail, But During Trial: Allahabad High Court

The Allahabad High Court has observed that at the stage of bail, it is only to be seen whether provisions of Section 50 of the NDPS Act have been prima facie complied with or not and it cannot be precisely ascertained whether compliance with Section 50 of the NDPS Act had been substantially made or not, as the same can only be ascertained during the trial.The bench of Justice Sameer Jain...

Must Possess Requisite Qualification On Last Date Of Application For Consideration In Public Allotment Process: Gauhati High Court Reiterates

A single judge bench of Gauhati High Court recently dismissed a writ petition stating that the date for possessing the necessary qualification for consideration in a public allotment process is the last date of submission of the application and not thereafter. The court observed: “The Hon’ble Supreme Court in the case of Rekha Chaturvedi v. University of Rajasthan, 1993 Supp...

Law In India Doesn't Allow Grant Of Injunction Merely On Ground Of Similarity In Décor, Appearance Of Two Different Restaurants: Delhi High Court

The Delhi High Court has observed that law in India does not allow the grant of injunction in a trademark infringement case merely on the ground of similarity in décor or appearance of two different restaurants.Justice C Hari Shankar added that no claim of exclucivity is available in Indian law in respect of décor, layout of premises, menu cards or staff uniforms of such restaurants. “The...

Subway Can’t Claim Exclusivity Over Word ‘Sub’, ‘Suberb’ Not Phonetically Similar To 'Subway': Delhi High Court

Dismissing its prayer for interim injunction, the Delhi High Court has observed that Subway cannot claim any exclusivity over the word ‘Sub’, especially when used in the context of eateries serving submarine sandwiches.Justice C Hari Shankar ruled that the word "Sub" is "publici juris" when used in the context of eateries dealing with submarine sandwiches“No exclusivity can, therefore,...

Administrative And Quasi-Judicial Authorities Must Mention At Least Brief Reasons In Their Orders: Kerala High Court

The Kerala High Court recently reiterated the importance of reasoned orders by authorities performing judicial or quasi-judicial functions and observed that it is an essential requirement of the rule of law that some reasons at least in brief must be disclosed in the order.The Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar observed,The recording of reasons...

'Matter Engaging Attention On Administrative Side': Allahabad HC In PIL Seeking Rational Use Of Paper In UP Courts

The Allahabad High Court recently said that the issue regarding the rational use of paper in all judicial filings in all Courts/judicial forums in the State of UP is engaging the attention of the Court on the administrative size.The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir said so while dismissing a Public Interest Litigation (PIL) plea, inter alia, urging for use...

Allahabad High Court Imposes Rs. 1 Lakh Cost On Man For Filing Plea Making False Averments, Suppressing Material Facts

The Allahabad High Court recently imposed a ₹1 lakh cost on a man who filed a writ petition making false averments and suppressing material facts. The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji directed the petitioner (Asif Khaliq) to deposit the cost with the High Court Legal Services Committee within two weeks. The petitioner had moved the Court...