High Courts
Change Of Name Of City Or Ward Cannot Be Subject Matter Of PIL: Karnataka High Court
The Karnataka High Court on Thursday dismissed a public interest litigation filed questioning the government notification changing the name of corporation ward Basavanagudi to Doddaganapathi. A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Satyalaxmi Rao and others. It said, “Subject matter of change of name of ward or...
1978 Murder Case | Circumstances Alleged Against Accused Not Proved Satisfactorily: Allahabad HC Upholds Acquittal Order
The Allahabad High Court on Monday upheld the acquittal of an accused in a 1978 murder case, noting that many circumstances alleged against the accused had not been proved satisfactorily by the prosecution. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also noted that direct evidence of murder in the form of a statement of PW4 was not reliable, the Motive had...
Mines & Minerals Act | Vehicle Can Be Released On Furnishing Bond Of Amount Equal To Present Value If Confiscation Proceedings Aren't Initiated: Rajasthan HC
The Rajasthan High Court laid down rules for the release of vehicles that have been seized under the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”). The Court held that if confiscation proceedings get initiated under the Act, then the vehicle(s) in question can be released only on payment of the penalty amount and the compounding fees. However, if no such...
Failure To Cohabit For A Year After Decree Of Restitution Of Conjugal Rights Entitles Decree Holder To Dissolution Of Marriage: Allahabad HC
While upholding a decree of dissolution of marriage for a couple who had lived separately for 40 years, the Allahabad High Court held that even if the husband had sought a decree for restitution of conjugal rights, upon failure to cohabit for a period of one year after the grant of such decree, the husband could seek dissolution of marriage.Section 13 (1A) (ii) of the Hindu Marriage Act,...
Madras High Court Forbids Deity's "Imprisonment", Says Temple Can't Be Sealed Citing Law & Order Without Allowing Customary Puja
The Madras High Court recently expanded the scope of treating a deity as a juristic personality in law and held that when an idol in a temple is treated as a living person, closing the temple without allowing the customary pujas would amount to the deity's imprisonment. The court observed that no temple could be locked and sealed on the grounds of law and order. “Once it is...
Calcutta High Court Weekly Round-Up 29th July To 02nd August 2024
NOMINAL INDEXSubhash Tiwari & Anr. Vs. The State of West Bengal & Anr Citation: 2024 LiveLaw (Cal) 178The State Of West Bengal Vs Bijan Behari Chowdhury 2024 LiveLaw (Cal) 179M/S. HOOGHLY BUILDING & INVESTMENT COMPANY LIMITED AND ANOTHER VERSUS THE STATE OF WEST BENGAL AND OTHERS Citation: 2024 LiveLaw (Cal) 180Calcutta HC Declines To Quash Case Against Man Who Allegedly...
"Lack Of Police Action Can't Be Exempted Under Sovereign Immunity": Punjab & Haryana High Court Imposes Rs 1 Lakh Cost On Bathinda SSP
Observing that "lack of adequate and proper action on the part of the Police cannot be exempted or insulated under a sovereign immunity", the Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on Punjab's Bathinda SSP for failing to take adequate steps against protesting farmers who stalled National Gas Pipeline Project.Justice Vinod S. Bhardwaj said,"the lack of adequate and...
Kerala High Court Dismisses Election Petition Filed By KPM Mustafa Against MLA Najeeb Kanthapuram
Kerala High Court today dismissed the election petition filed by KP Mohammed Mustafa, the Left Democratic Front (LDF) candidate in 2021 Kerala Legislative Assembly Election from Perinthalmanna constituency. He came second to the United Democratic Front (UDF) candidate and MLA Najeeb Kanthapuram by 38 votes. Mustafa had argued that 348 postal ballots were improperly rejected and those votes...
Appellate Authority Must Consider Application For Condonation Of Delay Before Addressing Merits Of Time-Barred Appeal: J&K High Court
Underlining a crucial procedural requirement regarding time-barred appeals, the High Court of Jammu and Kashmir and Ladakh has maintained that appellate authorities must first adjudicate applications for condonation of delay before addressing the merits of a time-barred appeal or the operation of an impugned order.A bench of Justice Rahul Bharti clarified, “...When the appeal is...
1191 Days Delay By State Agency In Filing Arbitration Appeal: Allahabad High Court Orders Inquiry Against Erring Officers
Recently, the Allahabad High Court has directed the Principal Secretary / Additional Chief Secretary, Medical and Health Services, U.P. to conduct an inquiry against the erring officers due to which appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed with a delay of 1191 days.An arbitral award of Rs.34,21,423/- as principal and Rs.1,67,16,033/- as interest up...
Affiliation Cancelled After Completion Of Course: Rajasthan HC Directs Nursing Council To Register Students Whose College's Affiliation Was Rejected
Rajasthan High Court has granted relief to the graduates of Tirupati College of Nursing (“College”) who were denied registration by the Rajasthan Nursing Council (“RNC”) on account of the affiliation of their college, the Tirupati College of Nursing being canceled by the RNC for want of requisite NOC from the State Government.The Court directed that the students had taken admission in...
Madras High Court Dismisses TN Minister Anitha Radhakrishnan's Plea Challenging PMLA Proceedings By ED
The Madras High Court on Wednesday dismissed a petition filed by the Tamil Nadu Fisheries Minister challenging the PMLA proceedings initiated by the Enforcement Proceedings against him. Justice SM Subramaniam and Justice V Sivagnanam dismissed Radhakrishnan's plea and asked him to cooperate with the investigating agency to complete the probe in the money laundering case and allow it...