Gujarat Govt's Policy Giving Preference To Domiciled Residents In Cadaveric Organ Transplant Unconstitutional: High Court

The Gujarat High Court has declared as unconstitutional the State government's policy giving priority to persons domiciled in Gujarat for the purpose of cadaveric organ transplant (transplant which takes place upon the death of the donor as opposed to live organ transplants).A single bench of Justice Biren Vaishnav ruled, "While interpreting Article 21 of the Constitution of India, the...

NHAI Not Taking NH-66 Potholes Issue Seriously: Bombay High Court

The Bombay High Court on Monday pulled up National Highway Authority of India (NHAI) for not taking seriously the issue of bad condition of a section of the National Highway 66. The division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja directed NHAI to fill all potholes on the Panvel to Indapur stretch of the Mumbai-Goa part of NH66 and file a compliance affidavit...

Bombay High Court Weekly Round-Up: November 14 To November 20, 2022

Nominal Index [Citation 436 – 450] 1. Asma Farid Noorani v. Haji Ali Fresh Fruit Juices and Ors. 2022 LiveLaw (Bom) 436 2. Hemant Baburao Patil v. State of Maharashtra & Ors. 2022 LiveLaw (Bom) 437 3. Swapnil Sadhu Kadam v. State of Maharashtra & Ors. 2022 LiveLaw (Bom) 438 4. Shemaroo Entertainment Limited v. Saregama India Limited and Ors....

'Difficult To Segregate Tainted & Untainted': Madras High Court Orders Termination Of 254 Assistant Professors In Pachaiyappa Colleges

The Madras High Court recently declared as null and void the appointment of 254 assistant professors in colleges managed by Pachaiyappa Trust after it was found that the appointments were tainted with malpractice."The Management of the Pachaiyappa's Trust Board is directed to terminate the services of all the appointed candidates forthwith," said the court in the judgment dated November...

Exempt All Persons With Less Than ₹8 L Annual Income From Income Tax In The Light Of EWS Criteria : Plea In Madras High Court

If families earning less than ₹8 lakh annually is EWS, why should people earning more than Rs 2.50 lakhs pay income tax?, the petitioner asks.

District Judges Should Not Be Put Under Pressure Of Being Targeted For Granting Bail : Bombay HC Chief Justice Dipankar Dutta

Bombay High Court's Chief Justice Dipankar Datta, on Monday, said that the judges in the lower judiciary should not work under the fear of being targeted while deciding bail applications and said that any judge rejecting bail applications for that reason would be "travesty and miscarriage of justice." Reassuring the lower judiciary to work without any fear in such cases, and told...

President Accepts Resignation Of Justice CB Barowalia Of Himachal Pradesh HC Who Was Sworn In As State's Lokayukta On Nov 3

The resignation tendered by Justice Chander Bhushan Barowalia of Himachal Pradesh High Court has been accepted by the President of India. A notification in this regard was issued today. This update comes days after he was sworn in as the Lokayukta of Himachal Pradesh. His resignation would be effective from November 2. Justice Barowalia was due to retire from the post of Judge on March...

During Further Investigation, Police Can Include Relevant Materials That Are Subsequent To Filing Of Initial Final Report: Kerala High Court

The Kerala High Court on Friday held that inclusion of events/ materials in the additional charge sheet, that are subsequent to filing of initial final report, is legally permissible.It added that as long as the evidence collected and the subsequent events point towards the commission of crime for which the report has been filed, the investigating agency would be justified in collecting...

[Minor Mineral Rules] State Has Revisional Jurisdiction Over Demand Notice Issued By Non-Designated Officer With Controlling Authority's Approval: Karnataka HC

The Karnataka High Court has clarified that appeals filed before the State Government, challenging demand notices issued by the Deputy Director, Department of Mining and Geology which are approved by the Director, who is the Controlling Authority, are maintainable. A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi said, "The petitioner has not committed...

Kerala High Court Reserves Order On Petitions Seeking Cancellation Of MLA Eldose Kunnappilly's Anticipatory Bail In Rape Case

The Kerala High Court on Monday reserved its order on the petitions seeking cancellation of the order granting anticipatory bail to Congress MLA Eldhose Kunnappilly in the case accusing him of rape and attempt to murder of a woman. Justice Kauser Edappagath, during the arguments today, said:"Even in a case where 100 times you consent for sexual relations, if you do not give consent to the...

God Himself Gave Opportunity Of Hearing To Adam & Eve Before Passing Sentence: Karnataka HC Quashes BCI's Order Suspending Ex-KSBC Head's Practice

Stressing upon the significance of following principles of natural justice by any authority in power, the Karnataka High Court recently referred to the legend of Adam and Eve. Justice M Nagaprasanna observed,"God himself gave an opportunity of hearing to Adam and Eve before passing the sentence for consumption of the forbidden fruit. The principle has emerged since then. Thus, it is...

Mansa Court Restrains Salim-Sulaiman From Releasing 'Jaandi Vaar', Says Sidhu Moosewala's Parents Hold Song's Copyright After Him

In a copyright infringement suit filed by the parents of late Punjabi Singer Sidhu Moosewala, a Commercial Court in Mansa has restrained the record label Merchant Records Private Limited and its directors Salim Merchant and Sulaiman Merchant from releasing or publishing the song Jaandi Vaar, in any manner whatsoever, till final disposal of the case."No part of the song in question shall be...