High Courts
Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution.Article 227 deals with the superintendence of the High Court over all courts and tribunals in its territory. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a...
'May Lead To Epidemic': High Court Takes Suo Moto Cognizance Of Alleged Mixture Of Sewage With Drinking Water In Chandigarh EWS Colonies
Observing that the situation may "lead to an epidemic", the Punjab & Haryana High Court has taken suo moto cognizance of alleged mixture of sewage with drinking water supply at economically weaker section (EWS) colonies in Chandigarh.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "It appears that nobody is taking up responsibility of solving the emergent situation, which may...
Bombay High Court Weekly Round-Up: 26 August - 01 September, 2024
Citations: 2024 LiveLaw (Bom) 443 To 2024 LiveLaw (Bom) 460Nominal Index:MARS Enterprise vs Municipal Corporation of Greater Mumbai, 2024 LiveLaw (Bom) 443 Madhukar Baburao Shete vs. Yogesh Trimbak Shete & Anr, 2024 LiveLaw (Bom) 444T.J. Thomas & Ors. vs. Municipal Corporation of Greater Bombay & Ors., 2024 LiveLaw (Bom) 445Abhijit Padale vs State of Maharashtra, 2024 LiveLaw...
Burden To Prove Insanity Of Spouse Is On Party Seeking Dissolution Of Marriage On Grounds Of Such Insanity: Allahabad High Court
The Allahabad High Court has held that in case dissolution of marriage is sought due to the insanity of a spouse, the spouse seeking dissolution of marriage must prove the existence of such insanity in the case of the other spouse.Marriage between the parties was solemnized in 2005 and they have lived separately since January 2012. Appellant-husband instituted a divorce petition under Section...
Non-Compliance With S.26(1) Of Competition Act: Gauhati HC Sets Aside Rs 5 Lakh Penalty Imposed On Star Cement Ltd By CCI
The Gauhati High Court recently set aside an order passed by the Competition Commission of India by which it imposed a penalty of Rs. 5 Lakhs on Star Cement Ltd. under Section 43 of the Competition Act, 2002 for non-compliance with the order of its Director General.The single judge bench of Justice Kaushik Goswami further quashed the proceedings against Star Cement Ltd. (petitioner) and...
Contractual Employee Not Appointed Against Regular Post Can't Seek Permanent Employment On Basis Of Mere Contract Extension: MP High Court
The Madhya Pradesh High Court recently said that a contractual employee cannot claim regularization and merely because he has continued beyond his period of employment would not entitle him to become a permanent employee. The observation was made by a division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf while allowing the State's appeal against an order of a...
Brought Disrepute To Legal Profession: Madras High Court Calls For Action Against Lawyer Who Forged Rental Documents
The Madras High Court has called for action against a lawyer who misused his position and forged rental agreements. The court observed that the lawyer was liable to be prosecuted for misconduct under the Advocates Act 1961 and the Bar Council of India Rules 1975. The bench of Justice SM Subramaniam and Justice V Sivagnanam held that lawyers enjoy a status in society and are...
Karnataka High Court Allows Filing Of PILs Before Dharwad And Karaburagi Benches, Hearings To Be Held At Principal Bench
The Karnataka High Court has permitted the filing of Public Interest Litigations arising out of the Districts which fall within the jurisdiction of Dharwad and Kalaburagi Benches of the High Court before the respective benches with effect from August 1. The notification issued by Registrar General K.S.Bharat Kumar reads that “In partial modification of Notification dated 10.06.2008, it...
News Of Ostracization Of Migrants By Gram Panchayat In Punjab Village Is False, Committee Formed Should Ensure No Such Incident Takes Place: HC
The Punjab & Haryana High Court has made it clear that the news "with regard to ostracization of migrants by way of a resolution passed by the Gram Panchayat is false," however the committee constituted must ensure that no such incident takes place.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "...the Committee of five members, so constituted by the Sub Divisional...
Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court
The Orissa High Court has held that application for inter-district transfer of motor accident claims cases from one tribunal to another can be done under Article 227 of the Constitution and not under the provisions of the Code of Civil Procedure.Examining the relevant statutory provisions so also the precedents, the Single Bench of Justice Sanjay Kumar Mishra held –“The party aggrieved,...
Rajasthan HC Requests Counsel To Bear Delivery Expenses Of Pregnant Minor Rape Victim Upon State Govt's Denial To Provide Funds
In a case involving a minor victim of rape, a bench of Justice Dinesh Mehta at the Rajasthan High Court requested the advocate appearing for the pregnant minor to bear all expenses relating to her delivery while hearing a petition filed by the minor's father seeking a direction to the State to bear expenses upon their denial to do so.The Court in turn requested Adv. Shreyansh Mardia to bear...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 5 - August 11, 2024
Nominal Index [Citations 219 - 229]:Nazir Ahmad Mir Vs State of J&K 2024 LiveLaw (JKL) 219Abdul Qayoom Mugloo Vs Irfana & Ors 2024 LiveLaw (JKL) 220Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors 2024 LiveLaw (JKL) 221R6 Technologies Private Vs UT of J&K 2024 LiveLaw (JKL) 222Abrar Ahmad Tantray Versus State of J&K 2024 LiveLaw (JKL) 223Gautam Anand Vs Union Of India 2024...