High Courts
Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that proceedings under Section 138 of the Negotiable Instruments Act (N.I. Act) are justified in cases stemming from commercial transactions, regardless of the civil nature of the underlying transaction.A bench of Justice Sanjay Dhar explained that since cheque bounce cases stem from commercial transactions between parties. Chapter XVII of...
'X' Corp Does Not Perform 'Public Function', Not Amenable To Writ Jurisdiction: Delhi High Court
The Delhi High Court has recently ruled that X Corp, formerly Twitter, does not perform “public function” or discharges public duty and is not amenable to writ jurisdiction under Article 226 of the Constitution of India. Justice Sanjeev Narula said that the social media platform operates as a “private entity” under “private law” and does not carry out any governmental duties...
Delhi High Court Upholds Acceptance Of Police's Cancellation Report In Rape Case Against BJP Leader Shahnawaz Hussain
The Delhi High Court has upheld a trial court order accepting the cancellation report filed by the Delhi Police last year in a rape case filed against BJP leader and former Union Minister Syed Shahnawaz Hussain.Justice Neena Bansal Krishna observed that the “overwhelming independent ocular, documentary and scientific evidence” collected during the investigations showed that the presence...
High Court Orders State Govt To Convene Stakeholders' Meeting On Region & Industry-Wise Minimum Wage Classification In Madhya Pradesh
In a significant development, the Indore bench of the Madhya Pradesh High Court has directed the state government to convene a meeting of all stakeholders to discuss the classification of minimum wages according to different regions and industries. This directive comes amidst ongoing deliberations about the fairness and applicability of a uniform minimum wage across diverse industrial zones...
Drug Abuse Among Youth Affects Societal Harmony, Addicts Are An Added Burden To Law-Abiding Population: Rajasthan High Court
The Rajasthan High Court rejected the bail application of an accused booked under the NDPS Act and observed that violation of Sections 42 and 43 of the NDPS Act (the “Act”) could not be considered by the Court at the stage of granting bail. These questions can only be answered at the trial stage in light of all the evidence put forth. It said:“Youth forms the basic unit of the society....
'Media Entitled To Discuss Publicly Available Book': Kerala High Court Quashes Defamation Case For Discussing Book On Mata Amritanandamayi
The Kerala High Court quashed a defamation case against media persons of Reporter Channel who aired a show called 'Big Story' that discussed a book about Mata Amritanandamayi and her Math. The Court stated that media persons can conduct discussions about books available in the public domain and doing so would only constitute fair comment or criticism, which falls under their freedom of...
Non-Payment Of Compensation For 36 Yrs After Land Acquisition Violates Constitutional And Human Rights: Bombay High Court
The Bombay High Court came down on the Maharashtra Housing and Area Development Authority (MHADA) for failing to compensate an individual whose land was acquired by it 36 years ago. The Court ruled that this inaction constitutes a violation of the individual's constitutional and human rights.The petitioner's plot of land was acquired by the MHADA/respondent no. 2 under the Maharashtra Housing...
Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs
The Jammu and Kashmir and Ladakh High Court on Friday ruled that filing representations on stale matters or those barred by limitation cannot create a fresh cause of action or revive a dead claim, even if these representations are considered by competent authorities or the Court directs their consideration.In dismissing a petition seeking promotional benefits twenty-six years after having...
Merely Abducting Woman Not An Offence U/S 366 IPC, Intention To Marry Or Force Intercourse Must Be Proved: Chhattisgarh High Court
The Chhattisgarh High Court has recently held that every abduction of a minor female cannot be regarded as an offence under Section 366 IPC [Kidnapping, abducting or inducing woman to compel her marriage, etc].The Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal underscored that the ingredients of such an offence must be corroborated by the victim's statement,...
Kerala High Court Monthly Digest: July 2024 [Citations: 397-494]
Nominal Index: [Citations: 2024 LiveLaw (Ker) 397- 494]Sali T. v Keezhmadu Service Co-operative Bank, 2024 LiveLaw (Ker) 397Arshad v State of Kerala, 2024 LiveLaw (Ker) 398Association of Clinical Microbiologists and Biochemists v Akhil James and Others, 2024 LiveLaw (Ker) 399Satish Motilal Bidri v Union Of India, 2024 LiveLaw (Ker) 400N S Gopakumar v The Oriental Insurance Company Ltd.,...
Personal Hearing Must Be Given When Specifically Asked By Assesee Before Passing Order U/S 148A(d) Income Tax Act: Allahabad High Court
The Allahabad High Court has held that when the assesee has asked for opportunity of personal hearing and relevant documents, both should be provided prior to passing orders under Section 148 A(d) of the Income Tax, 1961. Petitioner and his brother run separate businesses, however they acquired a shop together. The shop was subjected to search and seizure under the Income Tax Act...
Bombay High Court Mulls Framing Guidelines To Ensure Mental Health Of Prisoners Does Not Deteriorate, Calls For State's Reply
The Bombay High Court on Friday ordered the Maharashtra government to file an affidavit containing instructions to ensure that the mental health of the prisoners languishing in jail does not deteriorate, so that the court can issue guidelines for the same.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan said the issue of suicides by prisoners in jail is of great concern...