High Courts
Kerala HC Grants Interim Relief To Visually Challenged Student, Orders College To Return Original Certificates Pending Payment Of Bond Amount
The Kerala High Court has granted interim relief to a visually disabled student belonging to the OBC category by ordering the Government Homeopathic Medical College to return her original certificates.Justice Ziyad Rahman A.A. observed thus:“In the meantime, there shall be an interim order directing the 5th respondent (Principal, Government Homeopathic Medical College) to return all...
CrPC | Test Of Sufficiency Of Proof Not Applicable At Stage Of Framing Of Charge And Discharge Of Accused: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reaffirmed that the stringent tests regarding the sufficiency of proof, which are usually applied at the final stage of a case, are not applicable during the framing of charges or discharge of an accused.A bench of Justice Javed Iqbal Wani has clarified that the Magistrate, at the stage of framing charges, is not required to deeply scrutinize...
Very Important And Sensitive Issue: Calcutta High Court Issues Notice To State On Plea Flagging Breeding, Sale Of Pets In Unregistered Shops
The Calcutta High Court issued notice on a plea seeking a report on the implementation of rules such as the Prevention of Cruelty to Animals Act and in particular the Prevention of Cruelty to Animals (Dog Breeding & Marketing) Rules, 2017 and Prevention of Cruelty to Animals (Pet Shop) Rules, 2018. The petitioner stated that despite there being comprehensive rules issued in 2017 and...
Gujarat High Court Rejects 10-Yr-Old PIL For Ban On Commercial Activities In Manekchowk's Residential Zone In Ahmedabad's Old Walled City
The Gujarat High Court recently dismissed a 10-year-old public interest litigation petition for banning the commercial usage of residential premises in Ahmedabad's Manekchowk area–located in the old walled city claiming that it was being illegally used for activities such as jewellery making which causes pollution. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi...
Court Cannot Legislate, Up To State Govt: Calcutta High Court Dismisses PIL Seeking Implementation Of Advocates' Protection Law
The Calcutta High Court has dismissed a public interest litigation seeking the implementation of various protective measures for advocates such as the Advocates Protection Act, which would provide safeguards for advocates to ensure their ability to perform their professional duties without fear or violence or harassment. The petitioner also sought protection to establish a dedicated...
High Court Refuses To Suspend Ex-MLA's Conviction Ahead Of Haryana Assembly Polls, Says 'No Dearth Of Law Abiding Citizens To Contest Election'
The Punjab and Haryana High Court has refused to suspend conviction of a former MLA, in abetment to suicide case, stating that prima facie findings recorded by the trial Court are fairly convincing.Ram Kishan Gujjar- a former MLA, was convicted in 2017 due to which he was disqualified to contest upcoming Haryana Assembly Election in terms of Section 8(3) of the Representation of People's...
Mere Govt Recommendation Doesn't Entitle Individual To Claim DDA Plot In Area Of Choice, Allotment Subject To Availability: Delhi High Court
The Delhi High Court has observed that an individual cannot claim a particular plot of land in a particular area of his choice as a matter of right, even if recommendations were made by a government authority or agency for allotment of alternate land to the individual. A Single Judge Bench of Justice Dharmesh Sharma was considering the petitioner's prayer for allotment of land measuring...
The Benefit Of Section 14 Of The Limitation Act Can Be Invoked For Exclusion Of Time In A Proceeding Under Section 34 Of The Arbitration And Conciliation Act: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that under Section 14 of the Arbitration and Conciliation Act, 1996, the time spent in a writ petition on the same cause of action can be excluded from the limitation period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: Baid Power Services Private...
DHFL Bank Fraud Case: Delhi High Court Grants Bail To Ex-Promoter Dheeraj Wadhwan On Medical Grounds
The Delhi High Court on Monday (September 9), granted bail on medical grounds to former promoter of Dewan Housing Finance Corporation Limited (DHFL) Dheeraj Wadhwan, who is an accused in the alleged multi crore bank loan misappropriation and cheating case. The order was passed in Wadhawan's plea for bail on medical grounds, who had moved the high court after the Special Judge (PC Act)...
Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. However, the Court also stressed the necessity for vigilance to prevent...
Calcutta High Court Weekly Round-Up 02 September To 09 September, 2024
NOMINAL INDEXRanajit Guha Roy and Anr. vs Sankar Kumar Halder Citation: 2024 LiveLaw (Cal) 206Great Eastern Energy Corporation Ltd vs SRMB Srijan Ltd Citation: 2024 LiveLaw (Cal) 207Allegations Of Fraudulent Signatures On Arbitration Agreements Must Be Decided By Arbitrator, Not Court Under Section 11: Calcutta High CourtCase Title: Ranajit Guha Roy and Anr. vs Sankar Kumar HalderCitation:...
Delhi High Court Asks Centre To Issue Instructions To Hospitals To Ensure Identity Of Minor Rape Victims In MTP Cases Is Not Revealed
The Delhi High Court has directed the Union Government to issue appropriate instructions to all hospitals to ensure that the identity of minor rape victims undergoing medical termination of pregnancy is not revealed and the record is kept confidential.Justice Anoop Kumar Mendiratta was dealing with a plea moved by a 16 year old minor girl seeking termination of her pregnancy of approximately...