High Courts
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...
For Person To Be Considered Victim, There Must Be Some Harm To Mind Or Reputation Which Can Be Perceived From Materials On Record: Kerala HC
The Kerala High Court held that for a person to be considered a victim, there should be some harm to the mind or reputation which is perceivable from the materials on record. The Court made this observation while dismissing an appeal filed against the decision of Sessions Court whereby persons accused of conspiring to kill the appellant were acquitted. The appellant claimed that since he is...
Ensure Fencing After Removal Of Encroachments Around Yamuna Floodplains: Delhi High Court To DDA Vice Chairman
The Delhi High Court on Thursday directed the Vice Chairman of Delhi Development Authority (DDA) to ensure that there is fencing around the Yamuna River floodplains area as and when unauthorised constructions and encroachments are removed to avoid similar incidents in future. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela was dealing with a PIL filed...
Himachal Pradesh High Court Issues Notice To Kangana Ranaut On Plea Challenging Her Lok Sabha Election From Mandi
On Wednesday, the Himachal Pradesh High Court issued a notice to Actress Kangana Ranaut on a petition challenging her election as a Member of Parliament from the Mandi Lok Sabha seat. A bench of Justice Jyotsna Rewal Dua issued the notice to Ranaut, directing her to respond to the petition by August 21. Laik Ram Negi has filed this election petition claiming that the Returning...
Person Can't Be "Tied Down" To Religion Of Birth: Kerala High Court Permits Change Of Religion In School Certificates
The Kerala High Court has allowed the plea moved by two youngsters seeking to change their religion in their school certificates since they have embraced a new religion. It stated that even if there is a lack of a specific provision enabling change of religion in school certificates, the petitioners are entitled to correct their religion in their records on embracing a new religion.Justice...