All High Courts
Education Not Charity Alone; Private Unaided Institutions Entitled To Reasonable Returns: J&K&L High Court
Observing that commercialisation and profiteering do not completely rule out the element of creating surplus for future activities or earning reasonable returns on investments, the Jammu & Kashmir and Ladakh High Court has recently clarified the constitutional position of private unaided educational institutions in the contemporary education system.A Division Bench of Justice Sanjeev...
Ensure Continuous Drinking Water Supply To Residents Of West Kochi: Kerala High Court
The Kerala High Court recently considered a public interest litigation filed by a resident of the western side of Kochi highlighting the acute shortage of drinking water in the area.The PIL sought directions from the Court to the Chairman/Additional Secretary of Water Resources, the Chief Engineer as well as the Assistant Executive Engineer of the Kerala Water Authority to ensure proper supply...
After Allowing Employee To Serve for 25 Years, State Cannot Cry 'Illegal Appointment: J&K&L High Court Upholds Retiral Benefits
Holding that the State cannot wake up after decades to question the legality of an employee's appointment, the High Court of Jammu & Kashmir and Ladakh has ruled that having allowed an employee to serve for nearly 25 years, it is far too late for the authorities to contend that his appointment was illegal.The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal...
“Systemic Failure”: Delhi High Court Flags 13-Year Delay In Arresting Life Convict After Appeal Dismissal, Lays Guidelines
The Delhi High Court has strongly deprecated a 13-year delay in securing the custody of a life convict whose criminal appeal had already been dismissed, calling it a serious systemic failure that corrodes the credibility of the criminal justice system.A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja was dealing with an appeal filed by Sonu who had been convicted...
Allegations Of Theft, Public Humiliation Not Enough To Attract Abetment Of Suicide U/S 306 IPC: Calcutta High Court
The Calcutta High Court has set aside the conviction of multiple accused under Section 306/34 IPC, holding that the prosecution failed to establish the essential ingredients of abetment of suicide beyond a reasonable doubt.Justice Chaitali Chatterjee Das noted that although the deceased died by suicide, mere allegations of harassment or branding him a thief were insufficient to attract...
Court Must Examine Process Server Before Proceeding Ex-Parte On Alleged Refusal Of Summons: Rajasthan High Court
The Rajasthan High Court has held that accepting report of service of summons is a solemn act and not merely a formality. It is court's duty to examine the process serving officer if the report was not an affidavit. And even if the report was on affidavit, it is court's discretion to examine the officer to ascertain the correctness of the report. The bench of Justice Anoop Kumar Dhand...
Liquor Scam | Regular Bail Application While On Interim Bail Not Maintainable; Accused Must Be In 'Custody' U/S 483 BNSS: Jharkhand High Court
The Jharkhand High Court has held that a person who has been granted interim bail cannot be treated as being in “custody” for the purposes of seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), unless the accused is actually in judicial custody or has surrendered before the Court.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing...
Marriage Under Hindu Marriage Act Unsustainable If Either Party Is Not Governed By The Act: Telangana High Court
The High Court of Telangana, in a recent judgement, declared the marriage between a tribal woman and an SC man to be void, holding that a marriage registered under the Hindu Marriage Act, 1955, “cannot be sustained in law if one of the parties is not governed by the Act”. A Division Bench of Justice K. Lakshman and Justice Vakiti Ramakrishna Reddy allowed an appeal filed by a Schedule...
Police Encounter Was Avoidable Had State Acted Earlier: Gauhati High Court Awards ₹25 Lakh Compensation To Victim's Family
The Gauhati High Court has awarded compensation to the family of a cultivator from Chirang district who died during a police operation in December 2016, after holding that despite prior intelligence inputs, the authorities failed to act in a timely and documented manner, making the incident avoidable and resulting in infringement of Article 21.The division bench comprising Justice Kalyan...
'Monarchical' Exercise Of Power Has No Place In Constitutional Governance: P&H High Court Slams Arbitrary Cancellation Of Confirmed Auction
Observing that unreasoned, cryptic orders reflect a “lingering hangover of monarchical practices” incompatible with constitutional governance, the Punjab and Haryana High Court has dismissed a Second Appeal filed by the Punjab Government, holding that cancellation of a confirmed public auction by a one-word order without notice or hearing is arbitrary, unconstitutional and violative...
POCSO Act Ignores 'Adolescent Autonomy': Rajasthan High Court Suggests Govt To Exempt Consensual Relationships Of Young Adults
The Rajasthan High Court has urged the Centre to comprehensively review the statutory framework under the POCSO Act, in light of the existing gap between the protective intent of the Act and the sociological reality of adolescent autonomy.The bench of Justice Anil Kumar Upman suggested to consider introduction of a clause granting exemption in cases where the supposed perpetrator and victim...
Dual Claims Under MV Act and Workman's Compensation Act Impermissible: Rajasthan High Court Orders Refund To Insurer
The Rajasthan High Court has asserted that claimants cannot be allowed to claim compensation both under the Motor Vehicles Act, 1988 (“MV Act”) and the Workmen's Compensation Act, 1923 (“WC Act”), for the same accident, and opined that once the compensation was received under one Act, filing subsequent claim under another Act was abuse of the process of law.The bench of Justice...