Calcutta High Court Refuses To Quash Criminal Case Over Alleged Illegal Filling Of Ponds For University Project

The Calcutta High Court has dismissed a criminal revisional application seeking quashing of criminal proceedings relating to the alleged illegal filling up of water bodies and violation of land use laws in connection with a proposed university project at the Ramkrishna Vivekananda Mission campus. Justice Chaitali Chatterjee Das held that the allegations raised disputed questions of fact requiring detailed examination and could not be decided at the threshold under the Court's revisional or...

Six Members In First Meeting Fulfills Quorum To Elect President Of Village Council Under Assam Panchayat Rules: Gauhati High Court

The Gauhati High Court has held that the presence of 6 ward members would fulfill the quorum of the first meeting to elect President to a Gaon (Village) Panchayat as required under Rule 46 (3) of Assam Panchayat (Constitution) Rules after amendment to the state panchayat law. The court said that the quorum requirement must be understood in light of amendment to Section 6 of the Assam Panchayat Act in 2023, and thus restored the election of President of Ghiladhari Mukh Gaon Panchayat which...

'Fixing Cut-Off Date Not Per Se Illegal': Gauhati High Court Upholds Assam Govt's SOP On Compassionate Appointment Claims

The Gauhati High Court has refused to interfere with Assam Government's Executive Order (Standard Operating Procedure) for compassionate appointment cases fixing a cut off date as criteria, holding that State is entitled to prescribe a uniform mechanism for dealing with such claims and fixing a cut-off date is not per se illegal.Justice Kaushik Goswami, presiding over the case, observed,...

'Stale' Industrial Dispute Raised After 13 Years Cannot Be Revived: Calcutta High Court Dismisses Writ Against Refusal Of Reference

The Calcutta High Court has dismissed a writ petition challenging the refusal of the Central Government to refer an industrial dispute for adjudication, holding that an industrial dispute raised after an inordinate and unexplained delay cannot be revived merely on the strength of a failure report under Section 12(4) of the Industrial Disputes Act, 1947.Justice Ajay Kumar Gupta was hearing a challenge to the order dated 28 June 2019 passed by the Ministry of Labour and Employment, Government of...

Delhi High Court Rejects Challenge To Civil Services Prelims 2023, Says Judicial Review In Competitive Exams Extremely Limited

The Delhi High Court has rejected challenge to Civil Services (Preliminary) Examination, 2023, particularly Paper-II (CSAT), observing that judicial review in competitive examinations is extremely limited. A Division Bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan dismissed a batch of petitions filed by various unsuccessful Civil Services aspirants challenging questions in Paper-II (CSAT) alleging them to be beyond the prescribed syllabus.The Court said that it cannot sit in...

Calcutta High Court Upholds Life Sentence In Double Murder-Dacoity Case

The Calcutta High Court bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi has dismissed three connected criminal appeals and upheld the conviction and sentence of the appellants for offences of dacoity with murder arising out of the brutal killing of two women at village Kandra, District Burdwan, on 1 October 2011. The appeals arose from a common judgment of conviction dated 26 April 2018 and order of sentence dated 30 April 2018 passed by the Additional Sessions Judge, Katwa, in...

“Can't Cry Foul After Engaging Services”: AP High Court Reprimands State For Withholding Contractor's Dues Citing Financial Crunch

The Andhra Pradesh High Court has reprimanded the Naidupeta Municipality authorities (Respondent 3) for withholding payments due to a contractor (petitioner) against completion of public works on account of financial constraints, observing that the Municipality cannot employ the services of third parties and then evade payment obligations on the pretext of financial hardship.The Municipality had engaged the petitioner for construction purposes, however, bills amounting to Rs.7,89,724 towards...

Magistrate Must Examine Complainant, Witnesses On Oath Before Issuing Notice To Accused U/S 223 BNSS: Gauhati High Court

The Gauhati High Court has held that under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Magistrate cannot issue notice to the accused before examining the complainant and witnesses on oath, and that doing so violates the statutory mandate. Justice Anjan Moni Kalita, presiding over the ruling, held, “issuance of notice to the accused prior to examination of the Complainant and the witnesses, if any, is not what is mandated under Section 223(1) of BNSS, 2023, rather...

Non-Borrowers Can Approach DRT If Affected By SARFAESI Action, Writ Not Maintainable: Rajasthan High Court

While rejecting the writ petition filed by a flat purchaser which was declared a secured asset, the Rajasthan High Court held that even if a person was not a borrower or a guarantor, s/he was entitled to approach Debts Recovery Tribunal (DRT) if their rights were affected by the notice issued under the SARFAESI Act, and they were “aggrieved person”.The bench of Justice Sunil Beniwal...

Frame Policy Regulating Sale & Consumption Of Non-Veg Food Within 100 Metres Of Temples, Schools, Hospitals: Telangana High Court To State

The High Court of Telangana, in a recent judgement, has directed the State and Greater Hyderabad Municipal Corporation (GHMC) to formulate a comprehensive policy regulating the sale and consumption of non-vegetarian and meat products within a 100 m radius of places of worship, educational institutions or hospitals within four weeks. Justice B. Vijaysen Reddy passed the directions while...

Delhi High Court To Pass Interim Order Protecting Personality Rights Of Actor-Entrepreneur Vivek Oberoi

The Delhi High Court on Friday said that it will pass an interim order protecting the personality rights of actor and entrepreneur Vivek Oberoi.Justice Tushar Rao Gedela said so after Advocate Sana Raees Khan appeared for the actor in his suit seeking protection of his personality rights.At the outset, the judge remarked: “We will pass orders.”To this, Khan said, "Do I need to make...

Unproven Allegations Of Adultery No Basis To Deny Interim Maintenance Under Domestic Violence Act: Delhi High Court

The Delhi High Court has held that mere allegations of adultery, unsupported by proof, cannot be a ground to deny interim maintenance to a wife under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). Justice Swarana Kanta Sharma said that unlike Section 125(4) of Cr.P.C., there is no express statutory bar under the DV Act disentitling a woman from seeking reliefs merely on the allegation that she is living in adultery. However, the Court said that Explanation II to Section 3...