News Updates
Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court
The Uttarakhand High Court has reiterated that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".The observation came from a division bench of Chief Justice Vipin Sanghi and Justice RC Khulbe:"Since the minor is studying at a school in Mohali, it is that place where he is...
Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to a public law remedy can...
NHAI Is The Best Judge To Decide Which Land Would Be Suitable For Highway Construction: Allahabad High Court
The Allahabad High Court last week observed that the National Highway Authority of India (NHAI) is the best judge to decide which land would be suitable for the construction of the Highways and that no project can be stopped at the behest of one person who thinks that his land is not important for the widening of National Highway.The bench of Justice Sunita Agarwal and Justice Jyotsna...
Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean "In Custody" While Reckoning Period For Default Bail : J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that conditions imposed by the court Section 439(1)(a) CrPC while granting bail cannot by any stretch of imagination be construed to mean that accused person is in custody so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right of default bail under proviso...
Akhil Bhartiya Akhada Parishad President Mahant Narendra Giri's Death By Suicide: Allahabad HC Denies Bail To Disciple Anand Giri
The Allahabad High Court has rejected the bail application filed by Anand Giri, the prime accused in the alleged suicidal death of Mahant Narendra Giri who was the President of Akhil Bhartiya Akhada Parishad as well as the Mahant/Head of Shri Math "Baghambari Gaddi", Allahpur, Prayagraj and "Shri Bade/Lete Hanuman Ji Temple", Prayagraj.The Bench of Justice Sanjay Kumar Singh observed that...
MP High Court Refuses To Interfere In Plea By General Category Candidate Who Lost Seat To Meritorious SC Candidate Despite One Unfilled SC Category Seat
The Madhya Pradesh High Court, Gwalior Bench recently dismissed a petition wherein the Petitioner was aggrieved with the selection process of a University whereby she lost a seat to a meritorious SC candidate despite an unfilled SC category seat.The Bench comprising of Justice G.S. Ahluwalia did not go into the merits of whether the non-filling of post of reserved category was proper or...
Allahabad High Court Grants 4 Weeks' Time To UP Govt To Decide On Representations Seeking Inclusion Of Rajbhar Community In ST List
The Allahabad High Court has granted 4 weeks' time to the UP Government to comply with the court's order (dated March 11, 2022) wherein it was directed to take a decision over the representations forwarded to it by the Centre seeking inclusion of the State's Rajbhar community in the list of Scheduled Tribes.The bench of Justice Rohit Ranjan Agarwal has issued this direction on a contempt...
De-Clogging & Digitisation Of Physical Records Provides More Space To Think: Odisha CJ Muralidhar
The Orissa High Court observed the 'First Anniversary' of the Record Room Digitization Centre ('RRDC') on Friday at the Odisha Judicial Academy, Cuttack. The event witnessed the virtual presence of Dr. Justice Dhananjaya Y. Chandrachud, Judge, Supreme Court of India and the Chairperson of the Apex Court's E-Committee as the 'Chief Guest'. Chief Justice of the Orissa High Court...
Refusal Of Bail Restricts Personal Liberty Guaranteed Under Article 21: Uttarakhand HC Grants Relief To Man Accused Of Distributing Toxic Liquor
The Uttarakhand High Court recently observed that refusal of bail is a restriction on the personal liberty of an individual guaranteed under Article 21 of the Constitution of India and thus, must not be refused during course of trial, unless necessary to secure the attendance of accused.The bench of Justice Alok Kumar Verma made the observation while granting bail to a person accused...
Court Can't Travel Beyond Pleadings In A Suit To Frame Issues: Sikkim High Court
The Sikkim High Court has held that trial courts can frame issues with regard to only those pleadings which are asserted by one party and denied by other. Justice Bhaskar Raj Pradhan observed that the suit proceedings cannot travel beyond the pleadings placed on record by the parties.The observation comes in a case where the trail court had framed an issue in a property dispute, to...
Made Her Existence 'Worthless': Uttarakhand High Court Denies Bail To Man Accused Of Abetting Suicide By Blackmailing Woman Through Obscene Videos
The Uttarakhand High Court recently denied bail to a man booked for offence of abetment of suicide punishable under Section 306 IPC, for allegedly blackmailing a married woman via WhatsApp, by sharing her obscene videos.The bench of Justice Ravindra Maithani observed that the victim kept begging from the applicant-accused to leave her, to end the relationship, to delete the obscene video,...
State Does Not Have Unlimited Resources, Institutions That Waive Arrears To Seek Grant-In-Aid Can't Be Permitted To Take U-Turn: Uttarakhand HC
The Uttarakhand High Court recently, while dealing with a plea seeking release of pension and family pension of employees in the Dehradun Rishikul Vidhyapeeth Brahmcharya Sanskrit Mahavidhalaya as per the Old Pension Scheme, observed: "The State is not having unlimited resources. The State took a conscious decision to sanction the grant-in-aid to the Institution in question on...