High Courts
S.3H National Highways Act Requiring Deposit Of Compensation Prior To Taking Possession Meant To Safeguard Land Owners: Allahabad High Court
The Allahabad High Court has held that Section 3-H(1) of the National Highways Act, 1956 requiring compensation to be deposited with the competent authority before taking possession of acquired land is meant for safeguarding the land owners. It was held that the provision is not for the Government to delay payment of compensation and to pay the amount only when possession is taken.Section...
Petition Under Section 34 Not Maintainable Against Rejection Of Application Under Section 16 By Arbitrator: Gujarat High Court
The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held a petition under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable against the order of rejection of the application under Section 16 challenging challenging the jurisdiction of an arbitrator on the plea of res judicata and bar under Order 2 Rule 2 CPC.Order 2 Rule...
NHAI Officials Not Protected By 'Good Faith' Clause U/S 28 If Accident Result Of Failure To Maintain Roads/ Close Ditches: MP High Court
In criminal proceedings initiated by an accident victim who fell into a ditch on NH-7 at Seoni, the Madhya Pradesh High Court observed that the National Highway Authority of India (NHAI) or its officials haven't prima facie acted in 'good faith' to maintain the highway.The single-judge bench of Justice Gurpal Singh Ahluwalia added that maintaining the highway means NHAI taking adequate steps...
Passport Authority Not Bound To Impound Passports On Pendency Of Criminal Cases, S.10(3)(e) Uses 'May': Allahabad High Court
The Allahabad High Court has held that under Section 10(3)(e) of the Passports Act, 1967, it is not mandatory for the passport authority to impound passport of a person against whom criminal case(s) are pending. It has been held that the word “may” in Section 10(3) gives discretion to the passport authority to consider the case on its merits and record its satisfaction in writing if...
Madhya Pradesh High Court Acquits Rape Accused After He Completes 10 Yrs Jail Sentence
After observing that there can be no excuses for the 'sorry state of affairs' at the High Court that resulted in an accused completing his entire jail term of 10 years during the criminal appeal's pendency, Madhya Pradesh High Court has set aside a rape conviction owing to the 'discrepancies in prosecution story'.The single-judge bench of Justice Subodh Abhyankar noted that there can't be...
Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS
The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.Justice Swarana Kanta Sharma was considering the petitioner's...
Madras High Court Laments Political Favours Preventing Police From Acting Against Voter Bribery In Elections
The Madras High Court recently criticized the police force for not acting appropriately in cases involving bribery during elections. The court remarked that though the police were the only machinery that could act against such offenses, in many cases, the police were taking sides and not prosecuting expecting favors from political parties. “The Police is the only machinery which...
S.34 Drugs & Cosmetics Act | Proof Of Actual Responsibility Of Company At Time Of Offence Crucial To Attract Culpability: J&K High Court
Quashing a criminal complaint under the Drugs and Cosmetics Act the Jammu and Kashmir and Ladakh High Court has ruled that not every person connected with the company may fall within the ambit of the provisions of section 34 of the Act of 1940.Justice Javed Iqbal Wani has clarified that it is essential to prove that the person who was in charge of and responsible for the conduct of the...
Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC
The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC.Justice K. Babu laid down thus:“In exercising his jurisdiction under Sections 227 and 239 of...
In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
The Allahabad High Court has held that the term “ex-parte” in Rule 63(4) of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. However, when the appellant or his counsel is not present, the case may only be dismissed in default. The Court held that in...
Should Security Of Shirdi Sai Baba Temple Be Beefed Up? Bombay High Court Constitutes Committee
Taking note of the importance of the issue, the Bombay High Court recently constituted a committee, to be headed by a former chief secretary, to re-assess the security of Shri Sai Baba temple at Shirdi and to decide if the Central Industrial Security Force (CISF) needs to be deployed within the temple premises for security of the sanctum and also of the lakhs of devotees.A division bench...
PILs In Service Matters Not Maintainable, Apex Court's Earlier Ruling Still Prevails: Punjab & Haryana High Court
Relying on Supreme Court's precedent, the Punjab & Haryana High Court has said that Public Interest Initigation (PIL) on service matters is not maintainable.Chief Justice Sheel Nagu and Justice Vikas Suri referring to Apex Court's decision in Pratap Singh Bist v. The Director, Directorate of Education, Govt. Of NCT Of Delhi & Ors said, "it reveals that the issue as to whether a...