All High Courts
Subletting Must Be Presumed In Commercial Tenancy Where Tenant Allows Outsider To Use The Premises For Profiteering: Bombay High Court
The Bombay High Court observed that in commercial tenancy, if a tenant permits an outsider to use their shop to do business, subletting can be presumed. It emphasized that beneficial legislation like the Rent Control Act should be misused by the tenant and thus in cases of misuse of tenancy protections, subletting should be inferred.Justice Sandeep V. Marne was considering...
Karnataka High Court Monthly Digest: July 2024
Citation No: 2024 LiveLaw (Kar) 291 to 2024 LiveLaw (Kar) 347Nominal Index:ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 291A Ramesh Babu & Others AND Dharani S. 2024 LiveLaw (Kar) 292Justice B Padmaraj AND Union of India & ANR. 2024 LiveLaw (Kar) 293G Devaraje Gowda AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 294M/S POWER SMART MEDIA PVT LTD & ANR AND Union...
How Was An Ordinary Citizen Able To Obtain 'MLA Sticker' For Use On Personal Car? High Court Asks Mumbai Police To Probe
The Bombay High Court on Thursday directed Mumbai Police to investigate how a local resident obtained an 'authorised' sticker meant for Members of the Legislative Assembly (MLAs) in Maharashtra, for his personal car. A division bench of Justices Ajay Gadkari and Dr Neela Gokhale ordered the Deputy Commissioner of Police (DCP) Zone VI, Mumbai Police, to ascertain the 'source' of the sticker...
Consumer Cases Monthly Digest: July 2024
Supreme Court 'People Don't Purchase High-End Luxurious Cars To Suffer Discomfort' : Supreme Court Holds Mercedes Benz Liable For Faults In Vehicles The Supreme Court on Tuesday upheld orders of the National Consumer Disputes Redressal Commission (NCDRC) granting relief to two companies who had purchased cars from luxury car company Mercedes-Benz for the use of their...
[LARR Act, 2013] Collector's Award Must Be Challenged In Application U/S 64 To Be Referred To Authority: Bombay High Court
The Bombay High Court observed that Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("LARR Act") can only be invoked if the application under the provision challenges the Collector's award. It stated that the contents of the application must indicate it is an application under Section 64 of the Act.Justice R.M. Joshi...
Offence Of 'Penetrative Sexual Assault' Under POCSO Act Can Be Invoked Against Woman, Not Restricted To Male Offender: Delhi High Court
The Delhi High Court on Friday held that the offences of penetrative sexual assault and aggravated penetrative sexual assault under the POCSO Act are offences regardless of the gender of the offender and can be invoked against a woman also. Justice Anup Jairam Bhambhani held that the word “he” in Section 3 of the POCSCO Act (penetrative sexual assault) cannot be given a restrictive meaning...
Central Govt Cannot Arbitarily Withhold Consent For Remission Of Sentence, Must Give Cogent Reasons For Denial: Telangana High Court
While hearing the remission plea of a man serving a life sentence in a murder case, the Telangana High Court said that if the state government–which is empowered to recommend remission, approaches the Centre for its consent, then it can't keep the same pending and "withhold it arbitrarily". The high court also emphasized that in case the Centre differs from the State government on grant...
[S.18 Limitation Act] Liability Must Be Acknowledged Within Limitation Period For Extension Of Limitation: Allahabad High Court
The Allahabad High Court held that if the claim under the Micro, Small and Medium Enterprises Development Act, 2006 is not filed within limitation, the same cannot be raised upon acknowledgment of the liability by the other party after expiry of limitation.Section 18 of the Limitation Act provides that where a party acknowledges its liability within the period prescribed for filing a suit...
[Electronic Evidence] Non-Filing Of Certificate U/S 65B Evidence Act Will Not Vitiate Trial: Karnataka High Court Reiterates
The Karnataka High Court has reiterated that non-filing of a certificate under section 65-B of the Evidence Act at the time of production of electronic evidence, would not vitiate the court proceedings.A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by Santhosh Shet, a teacher who is charged under provisions of the Protection of Children from Sexual Offences...
Principle Of Denial Of Relief On Grounds Of Laches Applicable To PIL: Bombay High Court
The Bombay High Court observed that the principle of denying relief on grounds of delays and laches is applicable to Public Interest Litigation (PIL). It emphasized that in the absence of an explanation for the delay from the petitioners, the court may refuse to exercise its discretionary power under Article 226 of the Constitution of India."In the absence of any explanation, this Court is...
MP Civil Services Rules | Retd Employees Entitled To 20% Additional Pension Once They Enter 80th Yr Of Life, Not Upon Completion Of 80 Yrs Age: HC
The Madhya Pradesh High Court has recently clarified that retired employees are entitled to the additional quantum of pension at the rate of 20 per cent from the date they turn 79 years old and enter the 80th year of their life, and not just from the point when an employee completes 80 years of age.The single-judge bench of Justice Anand Pathak applied a purposive interpretation of statutes...
Bombay Tenancy & Agricultural Lands Act | Trust Land Must Be Included In Schedule-I To Claim Exemption, Order U/S 88B Insufficient: High Court
The Bombay High Court has held that an exemption order granted to a Trust under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 (BT&AL) is not sufficient to claim exemption of the land from the provisions of the Act. The land must be included in Schedule I of the BT&AL Act to claim such exemption. The Court also observed that Section 32-G of BT & AL is...