HIGH COURTS STORIES & NEWS :

 

High Courts Law and Legal Headlines - 2017 :



Madras HC notice to Central Government on a Madras Bar Association plea challenging " Finance Act, 2017 and the Tribunal .... Rules, 2017 "

Chennai, June 18, 2017 : The High Court of Madras on Friday issued notice to the Central Government on a Petition filed by the Madras Bar association challenging Sections 156 to 189 of the Finance Act, 2017 and the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017. The Bench of Chief Justice Indira Banerjee and Justice M. Sundar issued notice to the .... - Read More ....

Gujarat HC held that a law graduate working as Legal Consultant with a Corporation on a full-time job is not eligible for enrollment as a lawyer

Gandhinagar, June 18, 2017 : The Gujarat High Court has held that a law graduate working as a Legal Consultant of Gujarat Industrial Development Corporation on a contract in the nature of a full-time job is not eligible for enrollment as a lawyer to practice law before court of law. The bench of Justice N V Anjaria was hearing a writ petition filed by a law graduate against non-granting of enrollment as an advocate to practice law.... - Read More ....

Bombay High Court restrained Amul ice - cream from broadcasting its TV ads, which disparaging towards plaintiff’s product - Kwality Walls

Mumbai, June 17, 2017 : The Bombay High Court on Friday, in a rare court action against an television commericals advertisements restrained Gujarat Co-operative Milk Marketing Federation Ltd, which markets Amul ice cream brand, from broadcasting its two television commericals advertisements off air, as they were disparaging towards plaintiff’s Hindustan Unilever Ltd (HUL) product Kwality Walls, a rival to Amul. .... - Read More ....

Himachal Pradesh High Court directs State Govt to provide public toilets on all Highways as Right to Sanitation is a Fundamental Right

Shimla, June 16, 2017 : The Himachal Pradesh High Court has held that right to Sanitation has been now virtually accepted as constitutional right as fundamental rights like right to water, right to health, right to healthy environment, right to education and right to to dignity are directly related to right of sanitation. Justice Sanjay Karol and Justice Sandeep Sharma of Himachal Pradesh High Court, Division Bench observed .... - Read More ....

Bombay High Court grants full mark to meritorious student in SSC Exam for answering one pragmatic question from Science paper in SSC Exam

Mumbai, June 16, 2017 : The Bombay High Court Division Bench has granted full marks to a highly meritorious student who sought relief with regard to answering one pragmatic question from her Science paper of SSC Examination held in March 2016 by Mumbai Divisional Board, Vashi of Maharashtra State, Board of Secondary and High Secondary Education.The division bench of High Court Justice B R Gavai and Justice Riyaz .... - Read More ....

Karnataka High Court stayed Former CM Kumaraswamy arrest till his anticipatory bail application was decided by the Court on June 19

Bengaluru, June 15, 2017 : The Karnataka High Court today stayed Former Chief Minister and Janata Dal (Secular) State President H D Kumaraswamy arrest till his anticipatory bail application was decided by the Court, when the anticipatory bail application of Mr Kumaraswamy came up before the Single Bench, the the Judge directed Special Investigation Team (SIT), investigating into the illegal iron ore mining by Janthakal .... - Read More ....

Bombay High Court's Goa Bench notice to Centre & Goa Govt on a plea challenging Cattle Trade Rules banning Sale of Cattle for slaughter

Panaji, June 15, 2017 : The Goa bench of Bombay High Court has issued notice to the Centre and state government of Goa, returnable in two weeks, seeking a reply on the ontentions raised on while hearing a PIL filed by Quraishi’s Meat Traders Association challenging the new rules notified by the Ministry of Environment and Forests under the Prevention of Cruelty to Animals Act, banning the sale of cows and buffaloes for slaughter .... - Read More ....

Delhi HC held occupancy by itself doesn't create title or right to remain in possession,while dismissing claim by encroachers on Dargah Land

New Delhi, June 14, 2017 : The Delhi High Court has rejected a review petition filed by four applicants who claimed to be the sons of previous Mutawalli or caretakers of the dargah at Amir Khusro Park and, therefore, asserted their right to some construction inside the graveyard known as Amir Khusro park.

A division bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar held that presumption of possession over an open .... - Read More ....

Uttarakhand High Court issues directions for rehabilitation of acid attack victims, prevention of attacks, employment & free medicals

Nainital, June 12, 2017 : The Uttarakhand High Court on Monday passed order on several directions for rehabilitation of acid attack victims, and for prevention of such instances. These include measures such as monthly payments to the victims who have received third/fourth degree burn injuries, in addition to the ex-gratia lump-sum payment, and reservation in public employment in the category of physically challenged persons .... - Read More ....

Calcutta High Court observed that the belief that marriage must be within the same religion is ‘superstitious’ and ‘narrow mindedness’

Kolkata, June 12, 2017 : The Calcutta High Court, while disposing a petition connected to death of a boy involved in an inter-religious marriage observed that the belief that marriage must be within the same religion is ‘superstitious’ and ‘narrow mindedness’. Justice Siddhartha Chattopadhyay in 34 pages order disposing CRR Petition directed the trail court to proceed with trail without being influenced by any thing said: .... - Read More ....

Madras High Court's Madurai Bench rapped Tamil Nadu Jamaathul Ulama Sabha for calling High Court Judges “Kafir” and issuing Fatwa

Madurai, June 13, 2017 : The Madurai Bench of the High Court of Madras on Friday rapped Tamil Nadu Jamaathul Ulama Sabha for calling Judges “Kafir” and issuing Fatwa against a woman’s father for having approached the High Court seeking an interim stay against Triple Talaq (divorce) pronounced by her estranged husband. Allowing the petition partly, Madurai Bench of the High Court of Madras Justice Prakash quashed the complaint .... - Read More ....

Allahabad High Court upholds conviction U/s 3, 5 & 8 of the Prevention of Cow Slaughter Act & U/s 11 of the Prevention of Cruelty to Animals Act

Allahabad, June 13, 2017 : The Allahabad High Court has upheld the conviction of an accused under sections 3, 5 and 8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act.The Bench of Justice B Amit Sthalekar of Allahabad High Court noted that the contention that the death of the bulls was caused by the collision cannot be accepted since neither the tarpaulin covering .... - Read More ....

Bombay HC directed Secretary (Road) PWD & Commissioner for State Excise to decide as per Supreme Court’s highway liquor ban order

Mumbai, June 13, 2017 : The Bombay High Court has directed the Secretary (Road) PWD and the Commissioner for State Excise, Maharashtra Government to decide considering whether certain bars, hotels and permit rooms are covered under the orders dated December 15, 2016, and March 31, 2017, made by the Supreme Court in State of Tamil Nadu vs K Balu.A division bench of Justice Shantanu Kemkar and M S Sonak .... - Read More ....

Karnataka High Court held that mere non-production of accused do not vitiate proceedings, nor it confer a right on accused to seek for his bail

Bengaluru, June 12, 2017 : The Karnataka High Court held that mere non-production of the accused from time to time and failure of the Magistrate to pass express order remanding the accused to custody do not vitiate the proceedings, nor does it confer a right on the accused to seek for his release on bail. The Bench comprising Justice H.G. Ramesh And Justice John Michael Cunha was considering a plea challenging a sessions court order.... - Read More ....

Justice Dhirubhai Naranbhai Patel, the senior-most Judge of Jharkhand High Court appointed as Acting Chief Justice of Jharkhand High Court

Ranchi, June 10, 2016 : The President of India has appointed Shri Justice Dhirubhai Naranbhai Patel, the senior-most Judge of Jharkhand High Court as the Acting Chief Justice of Jharkhand.

 

His appointment is with effect from 10th June, 2017 consequent upon the retirement present Chief Justice Pradip Kumar Mohanty. .... - Read More ....

Hyderabad High Court Judge wants cow to be declared as 'Sacred' it's 'substitute to Mother and God', days after Rajasthan HC judge asked

Hyderabad, June 10, 2017 : The Hyderabad High Court Judge on Friday wants cow to be declared as "sacred national wealth" which is a "substitute to Mother and God". The observation comes days after a Rajasthan HC judge had said that cow should be declared a national animal.Hyderabad HC judge, while dismissing the plea of a cattle trader from whom 63 cows and two bulls were seized, Justice B Siva Sankara Rao .... - Read More ....

Allahabad HC observed police constable cannot be denied promotion to PSI on ground that he had not qualified the training course for HC

Allahabad, June 09, 2017 : The Allahabad High Court has observed that the police constable cannot be denied promotion to the post of sub-inspector on the sole ground that he had not qualified the training course for the post of head constable.

The Bench of Justice B Amit Sthalekar, who disposed of a petition filed 18 years ago, directed the government to consider Brahma Nand Yadav for promotion for the post of sub-inspector .... - Read More ....

Delhi High Court started Yoga classes within its premises for judges, staff & Advocates from June 9 - 21, on the eve of International Yoga Day

New Delhi, June 09, 2017 : The Delhi High Court has started a series of yoga classes within its premises for judges and office staff for a period of two weeks from June 09 to June 21. It is pertinent to mention here that the International Yoga Day is on June 21, 2017.Acting Chief Justice Gita Mittal inaugurated the function in the presence of Justice PS Teji and Justice C Harishankar. The classes will conclude on the 21st of this month..... - Read More ....

Bombay HC accepts uneducated old woman claiming inheritance in her father’s property & set aside two orders by a district & civil judges

Mumbai, June 08, 2017 : The Bombay High Court has set aside two orders by a district judge and a civil judge who refused to accept her claim and granted relief to an 80-year-old lady claiming inheritance in her father’s property.The Bombay High Court Justice Mridula Bhatkar heard the writ petition was filed by Jubeda was the daughter of Hussainbhai Mulani through her Petitioner’s counsel Jaydeep Deo submitted that .... - Read More ....

Kerala High Court ruled that " a person cannot be denied his/her property rights on the mere fact of being a priest or nun "

Kochi, June 08, 2017 : The Kerala High Court held that " a person cannot be automatically deprived of their property rights acquired either by way of intestate or testamentary succession, due to the mere factum of joining a religious order and having renounced worldly pleasures on the mere fact of being a priest or nun ".A division bench of the Kerala High Court, presided by Justice V Chithambaresh and Justice K Ramakrishnan, .... - Read More ....

Bombay High Court held " there should be a void or voidable marriage to attract legitimacy to the illegitimate child "

Mumbai, June 08, 2017 : The Bombay High Court on Wednesday ruled that the benefit of Section 16 of the Hindu Marriage Act is available to an illegitimate child, who is born to parents who have undergone the rituals/formalities of performance of marriage which may be void or voidable. The Bench of Bombay High Court of Justice Mridula Bhatkar passed the judgment on June 7 after reserving it on March 16. .... - Read More ....

Riyaz Chagla, grandson of MC Chagla,first Chief Justice of BombayHC among 14 new judges sworn in as addl judges of Bombay High Court

Mumbai, June 05, 2017 : Fourteen new judges were on Monday sworn in as additional judges of the Bombay High Court, taking its strength to 75 against the sanctioned strength of judges in the Bombay High Court is 90. According to reports that the new new judges appointed were sworn in by the Bombay High Court Chief Justice Manjula Chellur in the presence of all other judges of the Bombay High Court .... - Read More ....

Delhi HC directs MoFA asking Embassies & High Commissions to inform Foreign Nationals to be aware of Indian Laws to avoid any violations

New Delhi, June 05, 2017 : The High Court of Delhi on Monday has asked the Ministry of External Affairs, Government of India to inform all the Embassies and High Commissions offices in Delhi and through out the country that their citizens should be well aware of the local laws in order to avoid inadvertent violations. Justice R.K. Gauba observed “Having regard to frequency of registration of such cases as at hand, .... - Read More ....

Rajasthan HC directs State Government to coordinate with Centre and take necessary steps to declare cow as a national animal

Jaipur, May 30, 2017 : Rajasthan High Court, Justice Mahesh Chandra Sharma directed the state government to coordinate with the Centre and take steps to declare the cow as India’s national animal.A single-judge bench of Justice Mahesh Chand Sharma, after passing the verdict, the judge, who to retired later Wednesday, said his verdict on the matter was his “soul’s voice”that “no crime is more heinous than cow slaughter ” .... - Read More ....

Kerala High Court declared woman's marriage with Muslim man as 'null and void', after bride's father raises Islamic State angle

Kochi, May 25, 2017 : The Kerala High Court has declared the marriage of a woman as 'null and void' in a case that has seen the bride's father claiming that his daughter was converted to Islam at the behest of the Islamic State. In an unusual case of alleged conversion and marriage at the behest of the Islamic State, a division bench of the Kerala High Court declared the wedding of a 24-year-old Hindu woman with a Muslim man as void .... - Read More ....

Kerala High Court quashed a husband’s claim for maintenance U/s 24 of Hindu Marriage Act only when able to prove incapability

Kochi, May 19, 2017 : The High Court of Kerala quashed a husband’s claim for maintenance, observing that maintenance under Section 24 of the Hindu Marriage Act is to be paid to the husband only when he is able to prove any incapability or handicap. The Court while hearing a petition filed by a 24-year-old woman from Nellikunnu in Kasaragod, challenging the Family Court’s order to pay maintenance of Rs. 6,000 per month .... - Read More ....

Madhya Pradesh High Court held High Court has power to condone delay in filing an appeal made u/s 23 of Railway Claims Tribunal Act

Gwalior, May 19, 2017 : The Madhya Pradesh High Court has held the High Court has power to condone delay in filing an appeal made under section 23 of the Railway Claims Tribunal Act in exercise of powers under section 5 of the Limitation Act on sufficient cause being shown by the appellant petitioner. A division bench of Justice R S Jha and Justice A K Joshi said “we hold that the decision of the learned single bench in the .... - Read More ....

Jharkhand High Court quashes Govt Advt inviting applications for 17,972 Graduate Teacher Posts in Secondary Schools as arbitrary

Ranchi, May 16, 2017 : The Jharkhand High Court has quashed an advertisement issued by the Jharkhand Staff Selection Commission, Govt of Jharkhand inviting applications for 17972 post to be filed through the Combined Graduate Trained Teacher Competitive Examination-2016 for appointment to the post of graduate trained teacher in government secondary schools, calling it arbitrary and unconstitutional .... - Read More ....

Calcutta High Court directs constitution of Larger Bench of National Commission to decide,a dispute between a consumer and Mobile operator covered under the Indian Telegraph Act or Consumer Act

Kolkata, May 16, 2017 : The Calcutta High Court on Tuesday directed for the formation of a larger Bench to decide whether a dispute between a consumer and a private basic or cellular telephone service operator is covered under the Indian Telegraph Act, 1885, and hence, out not to be decided by the consumer forum.Justice Debangsu Basak upheld the validity of Section 13(3), and observed, “The principles of natural justice .... - Read More ....

Four new judges namely - Justice Prathiba M. Singh, Justice Rekha Pillai, Justice Naveen Chawla and Justice Hari Shankar sworn-in

New Delhi, May 15, 2017 : The High Court of Delhi began the week on an exemplary note with the swearing in of four new judges namely - Justice Prathiba M. Singh, Justice Rekha Pillai, Justice Naveen Chawla and Justice Hari Shankar. The four judges were administered oath on Monday by acting chief justice Gita Mittal, in the presence of all the other judges of the Delhi high court.The four judges will begin work on cases of their .... - Read More ....

Kerala High Court held that mere pendency of litigation does not ispo facto affect the person’s right to alienate the property

Kochi, May 15, 2017 : The Kerala High Court has held that mere pendency of litigation does not ispo facto affect the person’s right to alienate the property. The court relied on Section 52 of the Transfer of Property Act to hold that a sale which takes place in the face of a pending litigation would at its best amount to a lis pendens sale.Justice Dama Sheshadri Naidu noted that in such a case, the sale would give the purchaser .... - Read More ....

DGP directed to timely submission of reports pertained to FSL, DNA to avoid cases should not be disposed of in absence of the report

Gwalior, May 15, 2017 : The Madhya Pradesh High Court has directed the State Director General of Police (DGP) to ensure timely submission of reports pertained to FSL, DNA and handwriting examination before the trial courts in several pending criminal cases across the State. In a significant order, a single bench of Justice JP Gupta said “on perusal of the report it is found that there is a direction to collect the samples and .... - Read More ....

Justice Karnan approached President, VP, PM, Lok Sabha Speaker & all MPs against order of 7-judge bench of Supreme Court of India

New Delhi, May 13, 2017 : The Culcutta High Court Judge Justice C. S. Karnan has approached finally to the President of India, Vice-President of India, Prime Minister of India, Lok Sabha Speaker and all the Members of Parliament against the order of the 7-judge bench of the Supreme Court of India, who convicted and sentenced him for 6 months for commission of an offence of Contempt of Court.In a letter to the President of India .... - Read More ....

Allahabad High Court directed Uttar Pradesh government to issue new licenses & renew old ones for slaughterhouses & meat shops

Allahabad, May 12, 2017 : The Allahabad High Court on Friday directed the Yogi Adityanath-led Uttar Pradesh government to issue new licenses and renew old ones for slaughterhouses and meat shops.A division bench of Justices Amreshwar Pratap Sahi and Sanjai Harkauli was hearing a batch of petitions challenging the State action in respect of shutting down of abattoirs and slaughter houses throughout the State .... - Read More ....

Bombay H C orders pension for a 79-Year old World War - II widow

Mumbai, May 12, 2017 : The Bombay High Court has directed the Sainik Welfare Department of the State Government to start pension to a 79-year-old war widow, once all relevant documents are submitted by her. Tulsabai has been trying to get the pension since long-time.A bench of Justice Anoop Mohta and Justice RV Ghuge had passed an order on April 17 directing the authorities to start Tulsabai’s pension once all relevant .... - Read More ....

Bombay HighCourt held that period served as undertrial in one case can’t be set off against sentence to be served in another case

Allahabad, May 11, 2017 : The Bombay High Court has dismissed a writ petition filed by Mulund blast convict Saquib Nachan, wherein he sought the period of detention undergone by him in the MCOC case to be set off against the sentence of imprisonment in POTA case.A bench of Justice Ranjit More and Justice Anuja Prabhudessai was hearing Nachan’s set off petition wherein he sought the period of detention undergone by him .... - Read More ....

Gujarat Riots Victim Bilkis Bano's case : Bombay High Court upholds lifer to 11, set aside acquittal of seven persons, a total 19 convicted

Mumbai, May 04, 2017 : Bombay High Court on Thursday upheld the life sentence of 11 convicts and set aside the acquittal of seven persons, including doctors and policemen, and convicted them for tampering with evidence in this case, in the year 2002 gangrape of a pregnant woman named Bilkis Bano, a 19-year-old pregnant woman, and brutally murdering 14 members of her family, including her three-old daughter .... - Read More ....

M P High Court set aside capital punishment awarded to a man in a rape and murder case for the lop sided investigation by the Police

Gwalior, May 04, 2017 : The Madhya Pradesh High Court has set aside the capital punishment awarded to a man in a rape and murder case of Sidhi district in Madhya Pradesh. The court observed “the prosecution failed to prove any of the charges leveled against the appellant and the trial court was wrong in convicting and sentencing him”.A division bench comprising Justice S K Seth and Justice H P Singh said “it is unfortunate .... - Read More ....

Justice Karnan refuses medical test, say he is quite normal, instead offered warm welcome, some tea to psychiatrists and police teams

Kolkata, May 04, 2017 : The Calcutta High Court judge Justice Chinnaswamy Swaminathan Karnan on Thursday refused to undergo a medical examination in violation of the Supreme Court order by saying he was “quite normal and had a stable mind”.Justice Karnan asked Ganesh Prasad, psychiatrist and superintendent of Calcutta Pavlov Hospital, who was heading a medical team - “Can you carry out a psychiatric examination of me.... - Read More ....

Bombay High Court held " Law colleges will not require `mandatory' sanction from Bar Council of India for Law admissions in the State"

Mumbai, May 03, 2017 : The Bombay High Court held that the Law colleges in the state will not require `mandatory' sanction from the Bar Council of India (BCI) to admit students in the coming academic session. After an affidavit filed by the state government citing `hindrance' caused by the Council during last year's admissions and questioning its authority in regulating education institutions directly.The Bench of Chief Justice Manjula Chellur and Justice GS Kulkarni passed the order in a petition .... - Read More ....

Delhi High Court asks Food Safety and Standards Authority of India (FSSAI)  Why not ban chewing tobacco ? Any step taken by Govt ?

Nainital, May 03, 2017 : The Delhi High Court today asked the Food Safety and Standards Authority of India (FSSAI) " Why should chewing of tobacco not be banned as such a step would end the problem posed by 'gutka' and 'pan masala' and whether such a step has been taken by the Centre or any of the state governments.The Delhi High Court Justice Sanjeev Sachdeva said "Have you considered banning it? If you say chewing.... - Read More ....

Sonu Nigam's Azaan Tweet case : Punjab & Haryana High Court says azaan an integral part of Islamic worship, not the loudspeakers

Chandigarh, May 03, 2017 : The Punjab & Haryana High Court said that "The Azaan is undoubtedly an integral part of Islamic Worship, it does not necessarily have to be blared through loudspeakers."A single-judge bench comprising justice M. M. S. Bedi made this observation in connection with a plea filed against singer Sonu Nigam over a series of comments posted on Twitter last month. Justice Bedi said: “A fair .... - Read More ....

Delhi High Court takes suo-moto cognizance of attacks on doctors, notice to Centre and Delhi Government, calls it alarming

New Delhi, May 03, 2017 : The Delhi High Court on Wednesday ordered the Centre and the Delhi Government to inform the court about the measures being taken to prevent attacks on government doctors by patients and their family members.The Bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra passed the orders after taking suo-moto cognizance of a newspaper report which stated that doctors in public hospitals were being subjected to extreme violence..... - Read More ....

Calcutta High Court Judge Justice CS Karnan issued Non-Bailable Warrant against seven SC Judges including Chief Justice of India

Kolkatta, May 02, 2017 : The Calcutta High Court judge Justice C S Karnan today ordered issuance of non-bailable warrants (NBWs) against seven judges of the Supreme Court, including the Chief Justice of India (CJI), stating that top seven judges of the top court have not been represented before him, directed the high court's registrar general to issue the NBWs to these judges to be executed through the DGP or CP, New Delhi .... - Read More ....

Madras HC imposes Rs 1 Crore cost each on MCI, TN Government for not following Post-Graduate medical seat-sharing regulations

New Delhi, May 02, 2017 : The Madras High Court on Tuesday imposed a cost of Rs 1 crore each on the Tamil Nadu government and the Medical Council of India for not following the laws relating to seat sharing and directed the state government to appropriate 50 per cent of Postgraduate medical seats in respect of each specialty from non-Governmental medical institutions in the state - excluding the minority institutions - as state quota and make admission on the basis of NEET merit list through ....- Read More ....

Uttarakhand High Court ordered to seal electronic voting machines in the next 48 hours of all six assembly constituencies of the state

Nainital, May 01, 2017 : The Uttarakhand High Court today issued an order asking authorities to seal electronic voting machines (EVMs) in the next 48 hours. Mussoorie, Rajpur, Raipur, Ranipur, Haridwar Rural and Pratappur are the six constituencies in string rooms for six assembly constituencies of the state. Petitioners - Raj Kumar, Ambrish Kumar, Prabhu Lal Bahuguna, Godavri Thapli, Vikram Singh Negi and Charan Singh filed...- Read More ....

Allahabad HC transferred close to 400 judicial officers of Additional District and Sessions Judge rank, in a major U P Judiciary reshuffle

Lucknow, April 29, 2017 : The Allahabad High Court has transferred close to 400 judicial officers, nearly half of them of the Additional District and Sessions Judge rank, in a major reshuffle in the lower judiciary in Uttar Pradesh.According to the notifications issued yesterday by the High Court's Registrar General Dinesh Kumar Singh, the transferred judicial officers include 199 ADJs posted in regular courts and another eight .... - Read More ....

Kerala High Court upheld JNV negligence -" Boarding School bound to give proper care to inmates, as they stand in as loco parentis"

Kochi, April. 25, 2017 : The High Court of Kerala said that " Boarding schools are not just morally bound to provide proper care to inmates but are also legally obligated to do so as they are acting in place of parents. Failing to provide proper care can be considered as negligence, the court said. The High Court division bench comprising Justice V Chitambaresh and Justice Sathish Ninan upheld the finding of the trial court that .... - Read More ....

Delhi High Court has reiterated that nomination is not a Will in law and in the absence of any Will, only legal heirs are entitled

New Delhi, April 24, 2017 : The Delhi High Court has observed in the case of Rampali vs The State Govt of NCT of Delhi, that nomination is not a Will in law and in the absence of any Will, only legal heirs (as per the Hindu Succession Act) shall be entitled to inherit the property of the deceased. The Delhi High Court Justice Valmiki J Mehta noted that the trial court had rightly awarded the succession certificate to the husband and .... - Read More ....

Bombay High Court set aside show cause notice issued by a Special Magistrate to hotel owner in fight over demonetised notes

Mumbai, April. 24, 2017 : The Bombay High Court quashed a showcause notice issued by a Special Executive Magistrate against a hotel owner in Mahim and his staff over a fight with four customers over non-acceptance of the scrapped Rs 500 note by the hotel soon after demonetisation. An FIR was registered against the hotel owner and his staff for offences punishable under Sections 141,143,147,149,323,504,506 of IPC .... - Read More ....

Karnataka High Court upheld Govt Order 25% Reservation in class 1 and pre-school for weakers in private cbse schools under RTE

Bengaluru, April. 17, 2017 : The High Court of Karnataka on Monday upheld the validity of the Karnataka Government Order that had made mandatory for private schools to admit students at two entry points — pre-school and class one simultaneously, which is in a setback to private schools admission policies. The High Court of Karnataka Justice S. Sujatha passed the order while dismissing petitions filed by New Age Educational Trust and .... - Read More ....

Justice Karnan seeks Rs 14 cr from seven SC judges for public insult, disturbing his mind and normal life by initiating contempt action

New Delhi, Mar. 17, 2017 : The controversial Calcutta High Court Judge Justice C. S. Karnar wrote a letter addressed to the seven senior most judges of the Supreme Court seeking compensation to the tune of Rs 14 crore. Justice Karnan has demanded the compensation within a period of seven days failing which he has threatened to restrain the administration and judicial responsibilities of the seven judges. .... - Read More ....

Justice Karnan rejects SC’s ‘demeaning’ bailable warrant delivered by Bengal top cops in contempt case, saying "unconstitutional"

Kolkata, Mar. 17, 2017 : The West Bengal's top copon yesterday delivered the bailable warrant issued by the Supreme Court to a sitting Calcutta High Court judge, the controversial Calcutta High Court Judge Justice C. S. Karnan, in a contempt case to ensure his appearance before it on March 31. Bengal director general of police Surajit Kar Purakayastha along with Kolkata Police Commissioner Rajeev Kumar and DIG (CID) Rajesh .... - Read More ....

Delhi High Court upheld Centre Government's decision to ban NRI televangelist Dr. Zakir Naik's NGO Islamic Research Foundation (IRF)

New Delhi, Mar. 16, 2017 : The Delhi High Court on Thursday dismisses Dr. Zakir Naik's Islamic Research Foundation's (IRF) plea challenging the Centre's decision to ban the organisation. The court observes that the Centre's decision to ban Naik's organisation was taken to safeguard sovereignty and integrity of India.The Centre has banned IRF, a NGO of the controversial Islamic preacher, as 'unlawful organisation' for 5 years....- Read More ....

State tells Madras High Court that Jaggi Vasudev's Isha Foundation buildings unauthorised, demolition notice already served

CHENNAI, Mar. 01, 2017 : The Madras High Court on Wednesday was informed the State government that the organisation Isha Foundation in Coimbatore had constructed buildings without obtaining mandatory permissions, days after holding an extravaganza attended by Prime Minister Narendra Modi, and after Isha Foundation in Coimbatore is facing the heat in the state. .... - Read More ....

UP Jal Nigam case : Allahabad High Court issues bailable warrant against UP Minister Azam Khan, who heads the U P Jal Nigam

LUCKNOW, Mar. 01, 2017 : The Allahabad High Court on Wednesday issued a bailable warrant against Uttar Pradesh Minister Azam Khan, who heads the Uttar Pradesh Jal Nigam, after he did not appear in a case related to Uttar Pradesh Jal Nigam.The Lucknow bench of the Allahabad High Court justices Sudhir Agarwala and R N Mishra passed the order against Uttar Pradesh Minister Azam Khan after rejecting an exemption plea .... - Read More ....

Hyderabad High Court strikes down Central Govt transfer order allotting doctors working in Telangana to Andhra Pradesh

HYDERABAD, Feb. 28, 2017 : The High Court Judicature at Hyderabad on Tuesday, suspended a Central government order allotting doctors working in Telangana to Andhra Pradesh, the order was contrary to the options exercised by the doctors.The Hyderabad High Court bench of Acting Chief Justice Ramesh Ranganathan and Justice Shameem Akther was passing this interim order in petitions filed separately by Doctors .... - Read More ....

Bombay High Court asks Maharashtra Govt to provide suitable space for Maharashtra State Human Rights Commission

Mumbai, Feb. 24, 2017 : The Bombay High Court on Monday asked Maharashtra state government to look for larger premises for the Maharashtra State Human Rights Commission. Hearing on a PIL problems faced by the Maharashtra State Human Rights Commission, the bench of Justices V M Kanade and P R Bora asked Maharashtra state government to look for larger premises for the Maharashtra State Human Rights Commission .... - Read More ....

Madhya Pradesh High Court held it can’t discharge functions of an Appellate Authority over decision of DC being Statutory Authority

Gwalior, Feb. 23, 2017 : The Gwalior division bench of Madhya Pradesh High Court held on Wednesday that this court cannot sit over the decision of statutory authority and discharge the functions of an appellate authority. The division bench of Madhya Pradesh High Court comprising of Acting Chief Justice Rajendra Menon and Justice H P Singh said “the Collector being a statutory authority, if it has taken a decision, this Court cannot.... - Read More ....

Bombay HC upholds Conviction for possession of Counterfeit Notes

Mumbai, Feb. 23, 2017 : The Justice A M Badar of Bombay High Court has upheld the conviction of two for possession of counterfeit currency on hearing an appeal filed by the two accused against the conviction judgement.The accused were held guilty under Section 489 C of the Indian penal Code by the Additional Sessions Judge at Sewree, Mumbai and they were sentenced to suffer rigorous imprisonment of five years and a fine .... - Read More ....

Bombay High Court directed Maharashtra Government to remove illegal structures on the land reserved for minority community

Mumbai, Feb. 23, 2017 : The Bombay High Court has directed the Maharashtra State Government to remove the illegal structures that have been constructed on land reserved for minority community within six months on hearing a PIL filed by Rehbar Foundation.The Bombay High Court bench of Chief Justice Manjula Chellur and Justice G S Kulkarni observed that “.... since 2001 the land in question is reserved for kabrastan .... - Read More ....

Bombay HC directs Youtube, Google to remove Proceedings of High Court room Video; Issues Contempt Notice to Lawyer, nine others

Mumbai, Feb. 17, 2017 : The Bombay High Court on Friday directed YouTube to delete a secretly-shot video of the proceedings in a high court judge’s courtroom and issued notices to the video-sharing website and search engine Google.

A division bench of justices A S Oka and Anuja Prabhudessai sought their response as to why action under contempt of court should not be initiated against them, While hearing .... - Read More ....

Allahabad High Court issues notices to Mayawati over a PIL on manipulation of land records, while she was Chief Minister of UP

Allahabad, Feb. 15, 2017 : The Allahabad High Court today issued notices to BSP supremo Mayawati and two of her close relatives on a PIL alleging "manipulation" of land records in their native village while she was the UP Chief Minister.A division bench comprising Chief Justice D B Bhosle and Justice Yashant Verma passed the order on the PIL of social worker Sandeep Bhati, who alleged that in Badalpur village of Gautam Buddh Nagar.... - Read More ....

Allahabad High Court upholds Schedule Tribe reserved constituency status of Dudhi, Obra in UP State Assembly elections

ALLAHABAD, Feb. 09, 2017 : The Allahabad High Court on Wednesday dismissed a PIL challenging reservation of Dudhi and Obra constituency of Sonbhadra district for Schedule Tribes in the state assembly elections. It said that Election Commission of India had taken the decision on the basis of census data hence the court could not interfere in this matter.The judgment was given by a division bench comprising Justices .... - Read More ....

Delhi High Court held irretrievable breakdown of marriage between both parties can be a ground to annul marriage and granted divorce

New Delhi, Feb. 08, 2017 : The Delhi High Court held on Monday that there was an irretrievable breakdown of marriage between both the parties in the case before them and granted the decree of divorce on the same ground while cruelty of one against the other was not sufficiently proved. However, there were serious allegations of both against each other indicating that compelling them to live with each other would in itself be .... - Read More ....

Kerala High Court held that educated woman having sex multiple times on promise of marriage can only be consensual and not rape

Kochi, Feb. 07, 2017 : The Kerala High Court has set aside the conviction and sentence awarded to an accused in a rape case by the Ernakulam Sessions Court after accepting his claim that he had consensual sex with the prosecutrix. Even an uneducated woman cannot be cheated more than once or twice on the promise of marriage, the court said while setting aside a conviction for rape.The Kerala High Court held an educated .... - Read More ....

Lucknow Bench of Allahabad HC dismisses PIL to ensure daily recital of National Anthem in High Courts, Dist Courts & Tribunals

Lucknow, Feb. 03, 2017 : The Lucknow bench of Allahabad High Court held on Friday that there is no law and, in fact, there has been no tradition of singing of the national anthem either inside courts or in its offices as a matter of daily routine either in this high court or any other of the country or even Supreme Court.A division bench of Justice Amreshwar Pratap Sahi and Justice Sanjay Harkauli, declining to issue any directions for .... - Read More ....

Allahabad HC sets aside conviction of terror accused by a Faizabad court in 2008 for conspiring to wage war against the country

ALLAHABAD, Feb. 02, 2017 : The Lucknow Bench of the Allahabad High Court on Thursday has set aside the conviction and sentence awarded to two terror accused by a Faizabad court in 2008 for conspiring to wage war against the country. The court, however, did not intervene in the conviction and sentence awarded to both under offences of Explosive Substances Act and Gangster Act.The division bench of Justice S S Chauhan and Justice Anant Kumar directed that the two accused be .... - Read More ....

Karnataka High Court recognises 'Right to be Forgotten' allows Petition to remove name from judgment affecting reputation

Bengaluru, Jan. 31, 2017 : The Karnataka High Court in a landmark judgment has accepted, applied and approved the ‘Right to be Forgotten’ in Indian context. In a rare case, in the Indian context, this right is unheard of – it comes at a time when because of the internet, access to information is quick and procuring, obtaining personal information of an individual is much easier and there is an intense debate on the right to privacy .... - Read More ....

Bombay High Court dismisses PIL on 3-member waqf tribunal

Aurangabad, Jan. 25, 2017 : The Aurangabad bench of Bombay High Court has dismissed a petition challenging the appointment of a three-member Wakf tribunal.The Waqf tribunal lawyers association had moved court challenging validity of the appointment, while seeking to continue with the single member tribunal citing apprehensions that presence of non-judicial and administration members may cause confusion in .... - Read More ....

Gujarat High Court rejects plea to restrain websites from publishing ‘Non-Reportable’ Judgment as it affects personal & professional life

Ahmedabad, Jan. 23, 2017 : The Gujarat High Court has turned down a plea of a man seeking to restrain websites, Google from publishing an ‘non-reportable’ judgment of the high court, observing ‘Merely publishing on the website would not amount to same being reported as the word “reportable” used for judgment is in relation to it being reported in law reporter.’Dismissing his plea, the court observed that publication.... - Read More ....

Punjab and Haryana High Court held that Commissions’ chairperson, members can’t claim their right to be in office

Chandigarh, Jan. 19, 2017 : The Punjab and Haryana High Court held that a person appointed at the pleasure of the government in a commission had no legal right to continue in the office. The Punjab and Haryana High Court was also of the view that even if term of office for chairperson or members had been specified in the notification, the appointees couldn't claim it as legally enforceable right, if the body was non-statutory .... - Read More ....

Bombay High Court directs Maharashtra Govt to provide space for Maharashtra National Law University (MNLU), Mumbai

Mumbai, Jan. 14, 2017 : The Bombay High Court on Friday directed the Maharashtra state government to expeditiously enter into an agreement with Mahanagar Telephone Nigam Limited (MTNL), to provide two floors, which will house the Maharashtra National Law University (MNLU), in Powai, Mumbai.

A division bench of Chief Justice Manjulla Chellur and Justice GS Kulkarni has asked the government to decided on providing .... - Read More ....

Karnataka High Court directs Govt. & Chamrajanagar district administration not to interfere with the rights of devotees

Bangaluru, Jan. 14, 2017 : The Karnataka high court passed an order on Friday directing the government as well as Chamrajanagar district administration not to interfere with the rights of devotees who want to participate in the Mante Swamy Siddappaji Rachappaji Jatra at Chikkalaru, Kollegal taluk. Disposing of the petition filed by Mate Swamy Pratishtana and two others, Justice Ashok B Hinchigeri observed that if customs .... - Read More ....

Calcutta High Court allows Rashtriya Swayamsevak Sangh to hold a rally of RSS chief Mohan Bhagwat on Jaunary 15

Kolkata, Jan. 14, 2017 : The Calcutta High Court on Friday granted permission to Rashtriya Swayamsevak Sangh to hold a rally of RSS chief Mohan Bhagwat on Jaunary 15 at Central Kolkata's Brigade Parade Ground.

While giving its nod to organise the rally, the HC imposed certain conditions for the program. The court orderd that no outsiders, except the invitees shall be present in the rally. .... - Read More ....

Kerala High Court held that a sub inspector of police has no power to issue an order dictating closing time of eateries etc

Kochi, Jan. 13, 2017 : The Kerala High Court held on Friday that a sub inspector of police has no power to issue an order asking businesses in his jurisdiction, such as restaurants, to close down by midnight. There is no law that allows the SI to issue such an order and there is no stipulation in the licence issued by authorities that a restaurant should close at night, the court said.The ruling was given by a division bench of the .... - Read More ....

Dr Zakir Naik's NGO, IRF moved Delhi High Court challenging Centre's decision to immediately ban the organisation

New Delhi, Jan. 13, 2017 : Dr. Zakir Naik's NGO, The Islamic Research Foundation of India moved Delhi High Court on Friday challenging Centre's decision to immediately ban the organisation.Its founder and Islamic preacher Zakir Naik said the government failed to give reasons for taking such drastic action under Unlawful Activities Prevention Act and should have waited for the special tribunal to take a call.Justice Sanjeev .... - Read More ....

Chhattisgarh High Court quashed award passed by Lok Adalat, held can be challenged under Art 226/227 of the constitution

Raipur, Jan. 13, 2017 : The Chhattisgarh High Court has quashed an award passed by Lok Adalat, granting compensation Rs 97,200 along with 6% interest per annum to a woman who after three years of sterilisation operation conceived pregnancy and gave birth to a child. The court held that Lok Adalat awards can be challenged by a party to the dispute under Article 226/227 of the constitution.The bench of Justice Sanjay K Agrawal  .... - Read More ....

City based CA moves Bombay High Court, seeks scrapping of mid-sea Shivaji Memorial Project costing Rs 3,600 crores

Mumbai, Jan. 12, 2017 : The Bombay High Court recieved a PIL to "scrap, cancel, set aside and quash the mid-sea Chhatrapati Shivaji Maharaj Memorial project" filed against the Maharashtra government's ambitious Chhatrapati Shivaji memorial project, wherein a 192-metre-high statue of the Maratha warrior king will be constructed in the Arabian Sea at a total cost of Rs 3,600 crore and the foundation stone for which was recently laid by Prime Minister Narendra Modi  .... - Read More ....

Allahabad High Court stayed allotment of Supertech Suites, after allegations of no proper sanction not obtained

Allahabad, Jan. 12,2017 : The Allahabad High Court on Wednesday stayed allotment of more than 1,000 flats in Supertech Czar Suites luxury apartments at Greater Noida after allegations that proper sanction was not obtained for their construction. A Division Bench comprising Chief Justice D B Bhosale and Justice Yashwant Verma passed the order on a petition filed by V K Sharma and eight others who had invested .... - Read More ....

Delhi High Court okays merger of 2 Subsidiaries with PVR Ltd

New Delhi, Jan. 08, 2017 : The Delhi High Court has approved merger of two of PVR Ltd subsidiary companies with it, effective from April 1, 2015. PVR Ltd has informed the same to the Bombay Stock Exchange and the National Stock Exchange of India. Justice Siddharth Mridul approved the scheme of amalgamation under which PVR Leisure Ltd -- which owns and operates in-mall entertainment, gaming and food joints .... - Read More ....

Tooth for Tooth,Eye for Eye doctrine can't be applied:Delhi HC

New Delhi, Jan. 08, 2017 : The Delhi High Court has said while setting free a former Delhi University student who has already undergone jail term of over 16 years in two murder cases held that "A tooth for a tooth and an eye for an eye" cannot be the criteria for handing down punishment to convicts in a civilised society.A bench of Justices G S Sistani and Sangita Dhingra Sehgal referring to the "doctrine of proportionality", said .... - Read More ....

Delhi HC says a"Judge who does not record court proceedings "honestly and fairly" does the greatest injustice to litigants "

New Delhi, Jan. 08, 2017 : The Delhi High Court has observed while transferring a corruption case from one trial court to another that " a judge who does not record court proceedings "honestly and fairly" does the greatest injustice to litigants ".The high court, which appreciated the efforts of the special judge to expedite the trial in the case, said it does not mean that while doing so the lower court can act in a "brazen and .... - Read More ....

Delhi High Court interprets on amendments to Arbitration Act

New Delhi, Jan. 08, 2017 : The Delhi High Court has said that the changes made in 2015 to the Arbitration Act, under which there is no automatic stay on an award being challenged, would not apply if they affect enforceability of an award in proceedings which commenced before the amendment came into effect on October 23, 2015. A bench of justices Badar Durrez Ahmed and Ashutosh Kumar noted that the right to have .... - Read More ....

Kerala high court upholds government's decision to impose Luxury Tax on hospital rooms above Rs 1,000 for patients

Kochi, Jan. 07, 2017 : The The Allahabad high court held on Friday KOCHI: The Kerala high court has upheld state government's decision to impose luxury tax on hospitals that provide rooms costing Rs 1,000 or more for patients. Rooms in most private hospitals in Kerala are priced above Rs 1,000. The court was considering the plea made by various hospitals against the levy of luxury tax, which had been imposed. A division .... - Read More ....

Mumbai Traffic Police Constable moved Bombay High Court highlighting large-scale corruption in police department

Mumbai, Jan. 07, 2017 : The Mumbai Traffic Police Constable has moved the Bombay High Court highlighting large-scale corruption in the police department, and the modus operandi of policemen in taking bribes in-lieu of allowing illegal parking, and ferrying of heavy vehicles in the city, among others. According to reports, Sunil Bhagwantrao Toke, 53, has filed the petition through advocate Pradeep Havnur, where he has sought directions from the court to register a First Information report (FIR) against the.... - Read More ....

Bombay High Court threw out a plea by Anna Hazare seeking a CBI probe into an alleged sugar cooperative factories scam

Mumbai, Jan. 06, 2017 : The Bombay High Court threw out a plea by Anna Hazare seeking a CBI probe into an alleged sugar cooperative factories scam in which he had named NCP president Sharad Pawar and his nephew Ajit Pawar, a former Maharastra minister, asking him to approach the police first.

A Division bench told the 79-year-old anti-graft crusader to approach the police first and said his PIL seeking a CBI probe .... - Read More ....

Kerala High Court declares a clause in NET qualifying norms as unconstitutional, finding general candidates elimination

Kochi, Jan.05, 2017: The Kerala high court has declared as unconstitutional a clause in National Eligibility Test(NET) qualifying norms,finding that it could eliminate general-category candidates evenif they are more meritorious than candidates from reservation categories. This violates the right to equal opportunity of general-category candidates, the court said. A single bench of the court gave the ruling after considering two .... - Read More ....

 

 

 

 

 

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