High Courts
Kerala High Court Doubts Validity Of Govt Order Empowering Local Body Heads To Kill Wild Boars
The Kerala High Court on Tuesday (January 21) expressed its doubts on the validity of the Government Order empowering heads of Local Self Government Institutions (LSGIs) to kill wild boars that stray into human settlements and cause damage to life and property.The court was hearing a matter wherein the Forest Department while exercising the power under Section 11 of the Wildlife Protection Act, 1972 has authorized the heads of all LSGIs as Honorary Wildlife Warden and entrusted them with the...
Bombay High Court's 'Strong Message' To ED: Act As Per Law, Don't Harass Citizens; Imposes 1 Lakh Cost
In a significant order, the Bombay High Court on Tuesday while imposing an exemplary costs of Rs 1 lakh on the Enforcement Directorate (ED) observed that it is high time that the central agencies like the ED should conduct themselves within the parameters of law and stop taking the law in the own hands and harass citizens. Single-judge Justice Milind Jadhav said a 'strong message' needs to be sent to the law enforcement agencies to ensure that the citizens are not harassed. "I am...
Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC
The Punjab & Haryana High Court has said that the Court Fees (Punjab Second Amendment) Act, 2009, will be applicable on appeals filed in the High Court if the suit from which an appeal has arrived was instituted in Punjab, regardless of the fact that the High Court is located in UT Chandigarh.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the suits which are filed before the Civil Courts located within the territories of the State of Punjab, thus post the coming into force of...
NDPS Act | Accused Not Present At Crime Scene Should Be Held Equally Accountable Without Leniency: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that accused persons who are not present at the crime scene should be held equally accountable and should not be afforded any leniency under Narcotic Drugs and Psychotropic Substances Act (NDPS Act).The Court highlighted that there is a frequent practise to implicate individuals who are not present at the crime scene and this defence of "false implication" is often misused by the masterminds of drug trafficking.Justice Sandeep Moudgil said, "an...
BREAKING | Allahabad HC Limits UP Police 'Unfettered' Power To Open History Sheets; Mandates Reasoned Orders, Objection Consideration & Yearly Review
In a significant order, the Allahabad High Court today effectively tossed out the "unfettered powers" of the Uttar Pradesh Police to open Class-B history sheets against citizens without observing the principles of natural justice. For context, as per the UP Police Regulation, Class-B history sheets are opened for “confirmed and professional criminals, who commit a crime other than dacoity, burglary, cattle theft and theft from railway goods, wagons, e.g., professional cheats and other...
Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates
The Kerala High Court has reiterated that there cannot be unilateral cancellation of a sale deed.Justice Gopinath P. relying upon the Supreme Court's decision in Satya Pal Anand v. State of M.P (2016) and the high court's decision in Noble John v State of Kerala (2010) held thus:“Thus it is clear that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed.Accordingly, on the ratio of the decisions referred to above, the writ petition is allowed by directing the 5th respondent (Sub...
Justice Devendra Kumar Upadhyaya Sworn-In As Chief Justice Of Delhi High Court
Justice Devendra Kumar Upadhyaya today (21 January) took oath as Chief Justice of the Delhi High Court. His oath was administered by the Lieutenant Governor of Delhi.The oath ceremony was attended by the Delhi Chief Minister Atishi Marlena Singh and other senior officials. Justice Upadhyaya previously served as Chief Justice of the Bombay High Court from 29th July 2023.On January 7, the Supreme Court Collegium recommended the transfer of Justice Upadhyay from the Bombay High Court to...
Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked
The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated that the husband's convenience cannot be overlooked. Only because the transfer petition is moved by a woman, transfer of the case as sought cannot be...
We Can't Hear You Endlessly: Delhi High Court Tells Prosecution In Bail Hearing Of Sharjeel Imam, Umar Khalid, & Others In Delhi Riots Case
While hearing bail pleas filed by Sharjeel Imam, Umar Khalid and other accused in connection with the 2020 North-East Delhi riots UAPA case, the Delhi High Court today (21 January) orally remarked that the State's arguments cannot go on endlessly.After hearing arguments from the Special Public Prosecutor (SPP) for over an hour, Justice Navin Chawla and Justice Shalinder Kaur said “This needs to end now…we can't give you endless time like this please…”Even during the last hearing on January 09,...
MP High Court Issues Notice On Plea Challenging BCI's Attendance Rules, Meanwhile Permits NLIU Student Short On Attendance To Sit In Class
The Jabalpur bench of the Madhya Pradesh High Court recently granted interim relief to an law student to attend her fourth semester classes after she was debarred by NLIU Bhopal due to shortage of attendance. The court however made it clear that the student's fate would depend on the outcome of the plea. Issuing notice to the respondents, a division bench of Justice Sushrut Arvind Dharmadhikari and Justice Avanindra Kumar Singh in its January 17 order said, “Heard on the question...
'Records Of So Many Lawyers Disappeared, Govt Can't Raise Its Hands': High Court On Flooding Of Delhi Bar Council Office At Siri Fort Area
The Delhi High Court on Tuesday (January 21) orally told the municipal and local authorities in the national capital that they cannot simply raise their hands in the matter of water logging at Siri Fort Institutional Area during monsoon season, which led to flooding of Delhi Bar Council office last year.Justice Sachin Datta orally told the counsel appearing for the government, "Records of more than a (inaudible) lawyers have disappeared...can the authority raise its hands up and say we cant do...
Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court
The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. Brief Facts: The dispute arose with respect to a contract executed between the parties for the construction and renovation of the Jummagad Small Hydro Project. The period of completion was fixed at 15 months from the date of the Agreement. Due to the failure of the applicants to complete the...