[Delhi Riots] Is Opposition To CAA, Scrapping Of Article 370 Illegal In Itself? Umar Khalid In Bail Hearing, High Court Reserves Judgment

The Delhi High Court on Friday reserved order in the appeal filed by student activist Umar Khalid challenging the Trial Court's order refusing him bail in case involving UAPA charges alleging a larger conspiracy in the riots of 2020.Umar Khalid was denied bail by city's Karkardooma Court on March 24. He was arrested on 13 September, 2020 and has been under custody since.Senior Advocate...

CPC | 'Suit & Counterclaim Are Treated As Unified Proceedings Which Can Form Basis Of Filing Appeal': Gujarat High Court

The Bench comprising Justice Nisha Thakore at the Gujarat High Court has held that in a suit where counter claim is filed, the suit and the counterclaim are required to be treated as unified proceedings. This unification of the proceedings forms the basis of filing of appeal.The High Court has further explained that the term 'plaint' provided u/s 2(c) of the Gujarat Court Fees Act, 2004...

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court

The Punjab and Haryana High Court recently held that in terms of Section 38 of the Special Marriage Act, a father can approach the Family Court which passed the decree of divorce based on mutual consent under Section 28 of the Special Marriage Act, for seeking custody of the child living with the mother.It added that there is no independent right, after such decree is passed, to move...

Very Serious Work Of Building Roads Compromised: Gujarat HC Declines Pre-Arrest Bail To Two Accused Of Paying ₹15 Lakhs Bribe To NHAI Chief GM

The Gujarat High Court has declined anticipatory bail to the Managing Directors of two private companies, accused of bribing a "very senior officer" of the National Highways Authority of India (NHAI). The Bench comprising Justice Nikhil Kariel observed that grant of anticipatory bail may impact a large number of people, more particularly since the accused allegedly bribed the incharge of...

Employer Has Power To Change Promotion Policy Unless Malafide/ Arbitrary: Chhattisgarh High Court

The Chhattisgarh High Court recently observed that employers have the power to change their policy in giving promotions to their employees. It added that such policy cannot be interfered with by the Court merely because it feels that another policy would have been fairer or wiser or more scientific or logical.The observation came from a division bench of Justices Arup Kumar Goswami &...

S.141 NI Act | Sole Proprietor Alone Can't Be Sued For Offence U/S 138, Sole Proprietary Concern Must Also Be Arrayed As Accused: P&H High Court

The Punjab and Haryana High Court recently held that when a cheque issued by a sole proprietary entity is dishonoured, it is necessary to array the proprietary concern as an accused, along with the sole proprietor.The bench comprising Justice Sureshwar Thakur further added that besides made it clear that merely suing the sole proprietor would not be sufficient, in view of Section 141 of...

Gujarat High Court Rejects PIL Filed By Mahatma Gandhi's Great Grandson Against Sabarmati Ashram Revamp Plan

The Gujarat High Court on Thursday dismissed a Public Interest Litigation (PIL) plea by Tushar Gandhi, the great-grandson of Mahatma Gandhi, challenging the Gujarat government's decision to revamp/redevelop the Sabarmati Ashram in Ahmedabad at the estimated cost of ₹1,200-crore. The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri observed that the proposed project...

[27 Yrs Delay] Law Assists Those Who Are Vigilant With Their Rights & Not Those Who Sleep Thereupon: Meghalaya High Court

The Meghalaya High Court has reiterated that law assists only those who are vigilant with their rights and not those, who sleep thereupon.The observation came from Justice W. Diengdoh:"The maxim "Vigilantibus Non Dormientibus Jura Subveniunt" which means that the law assists those who are vigilant with their rights and not those that sleep thereupon is very much applicable to the case of...

Issue Regarding Use Of "A4 Size Paper On Both Sides" For Judicial Work Pending Before Full Court Of Delhi HC

The Delhi High Court on Friday was informed by its administrative side that while the Rules Committee has already resolved to use A4 size paper and printing on both sides for the purpose of judicial work, the matter is pending to be finally approved by the Full Court. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma was informed by the...

Lumpy Skin Disease: Rajasthan High Court Issues Notice On PIL Seeking Medical Assistance, Proper Isolation Places & Cremation of Cattle

In a case pertaining to Lumpy Skin Disease in cattle, the Rajasthan High Court has recently issued notice on a public interest litigation seeking directions to the State government to provide medicines, fees and medical assistance of the veterinary doctors.Placing reliance on various news reports, the plea states that 4.2 lakhs cattle are infected in Rajasthan and nearly 22,000 animals,...

Training Can Act As A Distinguishing Factor To Maintain Separate Seniority List In The Same Department: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that ruled that training can act as a distinguishing factor to enable Govt to frame a separate seniority list in the same Department and the Government therefore is well within its rights to frame such rule/principle provided that such principle/rule is reasonable, fair and non-discriminatory.The Division bench comprising Justices...

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act (POCSO) for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. A single judge bench of Justice M Nagaprasanna said, "It...