Trial Courts Lack Jurisdiction To Act On Alleged False Affidavits Filed Before Supreme Court: J&K&L High Court

Underscoring the strict procedural safeguards governing prosecution for perjury, the Jammu & Kashmir and Ladakh High Court has held that where an alleged false affidavit or statement is made in proceedings before the Supreme Court, it is the Supreme Court alone which has the jurisdiction to initiate perjury proceedings, and no subordinate court or trial court can assume...

Courts Cannot Be Turned Into Platforms For Political Campaigns: J&K&L High Court Dismisses PIL On Undertrial Transfers

The Jammu & Kashmir High Court dismissed a Public Interest Litigation seeking directions for detention of undertrial prisoners of the Union Territory within prisons located in Jammu & Kashmir, holding that Public Interest Litigation cannot be used as a political platform or as a tool to gain electoral advantage.A Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal...

'Gravity Of Offence Cannot Be Sole Ground To Deny Bail': Chhattisgarh High Court Grants Bail To Anwar Dhebar In Rice Custom Milling Case

The Chhattisgarh High Court has granted regular bail to businessman Anwar Dhebar in connection with the alleged rice custom milling scam being probed by the State EOW/ACB. The Court observed that the material presently relied upon by the prosecution does not justify continued detention, especially when the investigation qua the applicant stands completed.Justice Arvind Kumar Verma heard the...

'Exploitative': Tripura High Court Holds State's Fixed-Pay Policy For Teachers Appointed To Regular Post As Unconstitutional

The Tripura High Court has held that the State Government's policy of appointing teachers against sanctioned permanent posts on a fixed-pay basis for five years is arbitrary, unconstitutional, and violative of Articles 14 and 16 of the Constitution. The Court ruled that once appointments are made through a regular selection process to permanent posts, denial of regular pay amounts...

Advocate's Office In Residential Building Not 'Commercial Activity': MP High Court

The Madhya Pradesh High Court on Tuesday (January 13) held that the office of an advocate located in a residential building cannot be treated as a commercial activity.The bench of Justice GS Ahluwalia observed; "As already pointed out, the suit room is not situated in any commercial building but is situated in a residential building, and therefore, by no stretch of imagination, it can be...

Petrol Pump Licence Automatically Stands Cancelled On Expiry Of Lease, No Hearing Required: Kerala High Court

The Kerala High Court recently clarified that as per the Petroleum Rules, 2002, when the licensee of a petroleum outlet loses the right to the site for storing petroleum due to expiry of lease period, the license gets automatically cancelled without any need for a formal order.Justice M.A. Abdul Hakhim observed that in such cases, license can be cancelled without granting an opportunity...

Frame Rules To Ensure Execution Of Delhi School Tribunal Orders: High Court To Delhi Govt

The Delhi High Court on Wednesday asked the Delhi Government to take steps and frame appropriate Rules to ensure that the Delhi School Tribunal is vested with appropriate legal authority to get its orders executed. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that in case any such proposal is made or amendment is suggested, the Central Government...

Husband Must Pay Maintenance To Wife & Child Living With Her Despite Other Child Staying With Him: Delhi High Court

The Delhi High Court has held that a husband's legal obligation to pay maintenance to his wife and minor child living with her does not get diluted merely because another child from their marriage is residing with him.Justice Swarana Kanta Sharma observed, “the mere fact that one child is in the custody of the petitioner-husband cannot, by itself, be a ground to absolve him of his obligation...

'Delhi Govt Can't Shirk Responsibility': High Court Orders Emergency Shelter Measures For Homeless Sleeping Outside Hospitals In Winter Cold

The Delhi High Court on Wednesday said that the Delhi Government or its agencies cannot shirk away from their responsibility to provide shelter to patients, attendants and their family members forced to sleep outside city hospitals in the biting winter cold due to lack of shelter.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued urgent short term...

'Misused Public Office': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Municipal Officials In ₹12 Crore Fake Work Orders Scam

The Punjab & Haryana High Court has refused to grant anticipatory bail to two officials of the Municipal Corporation, Faridabad, observing that allegations of large-scale corruption, forgery of public records and misappropriation of public funds demand a cautious approach at the pre-arrest stage.Justice Sumeet Goel said,"The allegations against the petitioners pertain to offences under...

Can't Prosecute Doctors For Medical Negligence Without Independent Expert Medical Opinion: Punjab & Haryana High Court

Quashing criminal proceedings against doctors accused of medical negligence leading to the death of a woman after childbirth, the Punjab & Haryana High Court has cautioned against subjecting medical professionals to criminal trials without credible expert scrutiny.Justice Manisha Batra said, "The investigating officer and the private complainant could not always be supposed to have...

'Can't Pave Way For Encroachers': Madras High Court Upholds Eviction Of SASTRA University From Govt Land Earmarked For Prison

The Madras High Court recently dismissed a petition filed by Shanmugha Arts, Science Technology & Research Academy (SASTRA), a deemed university, challenging a government order that refused an alternate land offered by the University for setting up a prison and a subsequent eviction notice issued by the Tahsildar, Thanjavur. The bench of Justice SM Subramaniam and Justice C...