High Courts
Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students
The Delhi High Court recently directed the Central Board of Secondary Education (CBSE) to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams.Observing that the petitioner school had been “very negligent” in the present case, a single judge bench of Justice Swarana Kanta Sharma said that...
[POCSO] Not Safe To Fasten Liability On Cop Who Waited To Record Informant/Victim's Statement Due To Unavailability Of Female Officer: Kerala HC
The Kerala High Court has held that there is no scope to put criminal liability on a police officer for asking the victim and her mother to come the next day to give their statement regarding an offence under the Protection of Children Under Sexual Offences Act (POCSO Act) due to there not being any woman officer at the police station.The court said that while a police officer is...
Denying Ordinary Leave To Convicts Has Detrimental Effect, Reduces Chances Of Rehabilitation And Re-Socialization: Kerala High Court
The Kerala High Court has held that denial of ordinary leave to convicts can be detrimental since it reduces their chances for better rehabilitation and re-socialization into society. The Court further stated that ordinary leave cannot be denied to convicts by relying upon vague police reports.The petitioner, a convict undergoing life imprisonment for murdering his father has approached the...
MP High Court Calls For State's Report On Plea Challenging Construction Of Bridge At UNESCO Geo-Heritage Site Known For Dinosaur Fossils
In a plea filed by an environmental conservationist against bridge construction over the Narmada River at Lamheta Ghat, the Madhya Pradesh High Court has asked the state authorities to file a status report within four weeks.Lamheta Ghat consists of Lameta formation, which is said to be the focal point of Lametasaurus fossils, a certain species of dinosaurs, among other fossils.The Division...
Karnataka High Court Flags Rampant Instances Of Persons Inducing Pregnant Women To Illegally Abort Female Foetuses At Medical Centres
The Karnataka High Court has observed that instances of persons inducing pregnant ladies to undergo scanning and to abort the female foetus at various medical centres are very rampant in various parts of the state, especially Mysuru and Mandya districts.A single judge bench Justice M G Uma observed thus while dismissing the anticipatory bail application filed by Dhananje Gowda and two others,...
No Provision To Notify Changed Criteria Beforehand: HC Sets Aside 50K Cost On Allahabad University For Altering Admission Criteria After Closing Registration
The Allahabad High Court has set aside a Single Judge order by which compensation of Rs. 50,000/- was granted to respondent-petitioner for non-admission to M.A. in Women Studies since the admission criteria were changed subsequent to the closure of registration forms.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the new criteria suggested by...
Madhya Pradesh High Court Allows Railways To Recommence Operations Of Amlai Coal Siding Subject To Clearance From Pollution Control Board
Recently, the Madhya Pradesh High Court has allowed the Railway Administration to recommence operations of Amlai coal siding after complying with the pollution control measures suggested by the Board. On 25.04.2024, the court had taken note of a closure report issued by the Pollution Control Board, and it immediately put an end to further coal siding activities in the Amlai region of...
Burden To Prove Administrative Urgency In Cases Relating To Transfer Of Disabled Employee Lies On Employer: Delhi High Court
In a case relating to the transfer of a disabled employee, the Delhi High Court has observed that the provisions of the Rights of Persons with Disabilities Act, 2016 take precedence over any employment and contractual arrangements. The Court stated that disabled employees cannot be transferred unless there is an administrative urgency, with the burden of proving such urgency resting on...
Interest Can't Be Demanded When Entire Stamp Duty Paid During Pendency Of Appeal: Madras High Court
The Madras High Court has held that interest cannot be demanded when the entire amount as demanded by the authorities has been paid even during the pendency of the appeal.The bench of Justice R. Vijayakumar has observed that the present appeal has been filed under Section 47-A(10) of the Indian Stamp Act, 1899. Only after orders are passed by the Court will the liability get fastened upon...
Telangana HC Explains Section 31(7)(A) And (B) Of The A&C Act,1996 In Terms Of Timeframes, Embargo & Discretion
The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M. G. Priyadarsini has held the arbitral tribunal has full authority to award interest from the date of the award until the date of payment, regardless of any contrary decision by the parties. If the award is silent on the rate of interest, the award holder is entitled to an interest rate 2% higher than...
Property Where Accused Resides But Does Not Own, Including Rented Premises, Can't Be Attached U/S 83 CrPC: Allahabad HC
The Allahabad High Court recently clarified that under Section 83 of the CrPC CrPC, only property directly belonging to an accused or owned by him can be attached. The court emphasized that properties where the accused resides but does not own, such as rented residences, are excluded from such attachments. With this observation, a bench of Justice Abdul Moin set aside an order...
Services Provided Outside To Indian Customers In Connection With Right To Use Of Process Can't Be Taxed : Delhi High Court
The Delhi High Court has held that the receipts from Indian customers for services provided outside' Indian Territory in connection with use or right to use of process or equipment by the assessee company cannot be taxed as royalty.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav, while dismissing the department's appeal, held that a person who is provided...