All High Courts
Husband's Alleged Involvement In Criminal Case No Ground To Deny Security Clearance To Spouse For OCI Registration: Delhi High Court
The Delhi High Court has recently held that mere familial relationship with an accused, without evidence of direct involvement in the alleged crime, is no ground to deny security clearance to a spouse for Overseas Citizen of India (OCI) registration.“Mere association or familial relationship with an accused, without concrete evidence of direct involvement or complicity in the alleged...
High Court Can Exercise Inherent Power U/S 482 CrPC To Quash ECIR Registered By Enforcement Directorate: Kerala High Court
Kerala High Court has held that even though ECIR is an internal and administrative document, the same can be quashed by the High Court exercising its inherent powers under Section 482 of Code of Criminal Procedure (Cr.P.C).Justice Bechu Kurian Thomas observed:“Any order passed under the provisions of the Cr.P.C can be given its full effect by issuing appropriate orders under section 482...
Stenographers, Bench Clerks Are Sensitive Posts In District Judiciary, Cannot Be Contractually Appointed: Calcutta High Court
The Calcutta High Court has held that posts such as stenographers and bench clerks are sensitive positions in the district judiciary and that employees to these posts cannot be contractually appointed since they would not share the same responsibilities or liabilities as permanent employees.A single bench of Justice Arindam Mukherjee stayed two recruitment notifications seeking to...
UIDAI Can Be Directed To Provide Aadhar Data About Missing Person In Habeas Corpus Plea: Delhi High Court
The Delhi High Court has observed that the Unique Identification Authority of India (UIDAI), in a habeas corpus petition involving exceptional circumstances, can be directed to provide the Aadhar data about a missing person, even without being afforded a prior hearing. A division bench headed by Justice Prathiba M Singh observed that in a habeas corpus case, there is a sense of urgency with...
"Consensual Relationship With Married Man, Woman Was Adult Enough": Bombay HC Quashes Case Against Man Accused Of Raping Victim For 31 Yrs
The Bombay High Court on Wednesday quashed a rape case against a 73-year-old man, who allegedly raped the victim for 31 long years.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale after perusing the First Information Report (FIR) held that there was a consensual relationship."The contents of the FIR clearly indicate a consensual relationship. The parties were indulging in...
[MV Act] Parents Living Separately Or At Native Place Entitled To Compensation Upon Ward's Accidental Death: Bombay High Court
The Bombay High Court on Tuesday held that the parents of a person dying in a road accident, if residing separately or at their native place, can still claim compensation as they will be categorised as 'dependents' under the Motor Vehicles Act, 1988.Single-judge Justice Arun Pendekar rejected the argument of the insurance company - Bajaj Allianz General Insurance Ltd. that the parents of...
Plea In Calcutta High Court Challenges Hike In Grant Given By Bengal Govt To 'Clubs' For Durga Puja, Seeks Probe Into Utilisation Of Funds
A public interest litigation has been filed in the Calcutta High Court challenging a hike in annual grants given to 'clubs' in West Bengal for hosting Durga puja celebrations. These grants have been given by the state government to organisers of Durga puja in their local communities and have steadily been increased from Rs 50,000 at inception to Rs 70,000 last year, and Rs 85,000 proposed to...
Krishna Janmabhumi Dispute: Allahabad HC To Deliver Verdict Tomorrow On Masjid Committee's Challenge To 18 Suits
The Allahabad High Court will pronounce its verdict tomorrow on an application filed by Shahi Idgah Masjid (under Order 7 Rule 11 CPC) challenging the maintainability of 18 suits filed by the deity and the Hindu parties concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.A bench of Justice Mayank Kumar Jain will pronounce its Judgment tomorrow around two months after...
Bombay High Court Extends Interim Bail Of Jet Airways Founder Naresh Goyal For Two Months
The Bombay High Court on Wednesday extended by 2 months, the interim bail it granted in May this year, to Jet Airways founder Naresh Goyal in a money laundering case arising out of an alleged loan default of Rs. 538 Crores given to Jet Airways by Canara Bank.Single-judge Justice Nijamoodin Jamadar extended the interim bail after hearing Goyal's counsel senior advocate Aabad Ponda, who...
Whether Income Received By Kerala Cricket Association Would Be Exempted Income Or Not? Kerala High Court Remands Back Matter To ITAT
The Kerala High Court has remanding the matter to the Income Tax Appellate Tribunal (ITAT) to determine whether income received by the Kerala Cricket Association during the assessment years 2010-11, 2012-13, and 2013-14 would partake of the nature of exempted income going by the provisions of Section 2(15) of the Income Tax Act.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam...
Constitutional Courts Are Not Merely Arbiters But Stakeholders In Cases Relating To Rivers, Forests: Karnataka High Court
The Karnataka High Court has set aside an order of the trial court which decreed a suit in favour of private persons, declaring them to be owners of the land, which was notified by the then Mysore Maharaja in 1929 for the formation of a State Reserve Forest.A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by the State government and...
Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
The Kerala High Court has held that a woman who complains of being in a loveless relationship with her husband who is allegedly living a wayward life and acting under the influence of alcohol would not be able to enumerate each and every incident of cruelty.The Division Bench of Justice Devan Ramachandran and Justice C. Pratheep Kumar were considering an appeal filed against the decision of...