All High Courts
Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the High Court.The division bench...
Easing Educational Qualification To Prioritise Experience Can't Be Stretched To Dilute Criteria, State's Approach Anathema To Law: Gujarat HC
Striking down the appointment of a District Commandant, Home Guard (Class-I), in Narmada District, the Gujarat High Court observed that the appointee lacked the requisite educational qualifications.In doing so the court said that the approach of the State in relaxing the educational qualification by giving primacy to the experience, stretching it to an extent that the criteria gets diluted, is...
[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal (MACT), Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident.The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference being...
Develop Comprehensive Action Plan To Address Bomb Threats: High Court To Delhi Govt
The Delhi High Court has directed the Delhi Government to develop a “comprehensive action plan” including a detailed Standard Operating Procedure (SOP) for addressing bomb threats and related emergencies in the national capital.Justice Sanjeev Narula directed that the SOP must clearly outline the roles and responsibilities of all stakeholders, including law enforcement agencies,...
Kerala High Court To Consider Validity Of 55-Yrs Upper Age Eligibility Criteria For Mediators
The Kerala High Court is set to consider whether a maximum age limit of 55 years could be stipulated as an essential eligibility condition for submitting applications for applying to the position of Mediators in the Mediation Centres of the Kerala State Mediation and Conciliation Centre.Justice V.G.Arun by relying upon the Apex Court decision in Tej Prakash Pathak and others v. Rajasthan...
Govt Office Is Public Property, Any Political Party Ransacking It Must Be Appropriately Charged: Calcutta High Court
The Calcutta High Court on Monday took strong objection to a plea highlighting the alleged ransacking of a panchayat office by workers of a certain political party.A single bench of Justice Tirthankar Ghosh remarked: "It's a government office. You must include PDPP (Prevention of Damage To Public Properties Act). People cannot just destroy public offices like this. Government office is a...
Delhi High Court Weekly Round-Up: November 11 To November 17, 2024
Citations 2024 LiveLaw (Del) 1219 to 2024 LiveLaw (Del) 1145NOMINAL INDEXPrashant Manchanda v. Union of India & Ors. 2024 LiveLaw (Del) 1219 Wikimedia Foundation v. ANI & Ors. 2024 LiveLaw (Del) 1220 Mankind Pharma Limited vs. Aquakind Land LLP & ors. 2024 LiveLaw (Del) 1221 Bharat Broadband Network Ltd v. Paramount Communications Ltd 2024 LiveLaw (Del) 1222 HR BUILDERS...
Plea In Calcutta High Court Seeks Recusal Of Jugdes From Hearing Contempt Matter Over Allegedly 'Prejudicial Remarks'
A plea has been moved before the Calcutta High Court seeking the recusal of a division bench comprising Justices Debangsu Basak and Shabbar Rashidi from hearing an ongoing contempt matter due to allegedly prejudicial remarks made by the bench in the course of hearings.According to the petitioner, the bench while hearing the matter made some remarks to the petitioner's advocate which 'eroded'...
Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences (POCSO) Act, 2012.The court held that the trial court erroneously sentenced the appellant under Section 6 of the Act, which was not applicable to...
High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property
The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons...
Transmission Corporation Inherited Andhra Pradesh Electricity Board's Service Regulations, Power To Amend Impliedly Available: Telangana HC
While upholding the validity of an order issued by the Transmission Corporation of Telangana Limited (TRANSCO) deleting beneficial provisions regarding service weightage for promotion to Additional Assistant Engineer posts, the Telangana High Court ruled that the corporation has the power to amend the relevant service regulations. A division bench of Justice Sujoy Paul and Justice...