All High Courts
Karnataka High Court Weekly Roundup: July 22 - July 28, 2024
Citations: 2024 LiveLaw (Kar) 326 To 2024 LiveLaw (Kar) 337Nominal Index:State of Karnataka & Others AND Umadevi Hundekar. 2024 LiveLaw (Kar) 326ABC AND State of Karnataka. 2024 LiveLaw (Kar) 327Dhariyappagouda Patil AND State of Karnataka & Others. 2024 LiveLaw (Kar) 328Zaheda Inamdhar AND Dr Fatima Hassina Sayyedha. 2024 LiveLaw (Kar) 329Canara Bank AND Commissioner of Customs...
If Burden Of Excess Duty Passed On To Customers, Granting Refund Would Result In 'Unjust Enrichment': Bombay High Court
The Bombay High Court has observed failure to protest the imposition of alleged excess octroi duty by the Municipal Corporation is a relevant circumstance in deciding against ordering any refunds. Further, the Court stated that if the petitioner cannot establish that the burden of any excess duty was not passed on to its customers, granting refund in such a case would result in...
Can This Court Direct Parliament To Rename Laws? Kerala High Court Asks In Plea Challenging Hindi Titles BNS, BNSS, BSA
While hearing a PIL challenging Hindi titles for the new criminal laws, the Kerala High Court today asked if it has the power to direct the Parliament to change the names of the enactments.The Division Bench comprising Acting Chief Justice A. M. Mustaque and Justice S. Manu while reserving the matter for orders orally remarked,“Can this Court direct the Parliament to rename the...
Bombay High Court Weekly Round-Up: 22 July – 28 July, 2024
Citations: 2024 LiveLaw (Bom) 374 To 2024 LiveLaw (Bom) 383Nominal IndexKumar Goraknath Shinde vs State of Maharashtra, 2024 LiveLaw (Bom) 374Nirav Raval vs State of Maharashtra, 2024 LiveLaw (Bom) 375Darshan Kumar Vilayatiram Khanna vs State of Maharashtra, 2024 LiveLaw (Bom) 376 Govinda Goga Donde & anr. vs. Mayur Ramesh Bora & ors., 2024 LiveLaw (Bom) 377Surekha Luxman Sonovane...
[S.72 UP Excise Act] Judicial Magistrate Cannot Release Vehicle During Pendency Of Confiscation Proceedings Before DM: Allahabad High Court
The Allahabad High Court has held that Judicial Magistrate has no jurisdiction to release vehicle during pendency of confiscation proceedings before the District Magistrate under Section 72 of the Uttar Pradesh Excise Act, 1910.Section 72 provides things which are liable for confiscation including any intoxicant in respect of which any offence has been committed. Section 72(1)(e) provides...
Police Officer In Kerala Accused In Passport Fraud Case; Matter To Be Investigated By Crime Branch
The probe into alleged involvement of two Kerala police officials in a passport fraud will be probed by the Crime Branch, the High Court was told on Friday. Anzil A., an officer in Thumba Police Station, Trivandrum was booked for hatching a conspiracy with 4 other persons to obtain passports for various persons using forged documents. A racket is alleged to have been working to help people...
Can't Permit Revaluation Of Answer Sheets In Absence Of Express Provision Or Exceptional Circumstance: MP High Court
The Madhya Pradesh High Court has dismissed a writ petition seeking revaluation of a student's answer sheet, reaffirming the established legal principle that revaluation cannot be mandated in the absence of a specific provision.Justice G.S. Ahluwalia, while delivering the judgment on July 25, categorically stated that there is no provision for revaluation of answer sheets in the relevant...
Karnataka High Court Weekly Roundup: July 15 - July 21, 2024
Citations: 2024 LiveLaw (Kar) 316 To 2024 LiveLaw (Kar) 325Nominal Index:Union of India & ANR AND B Arulappa. 2024 LiveLaw (Kar) 316Vinod Kumar K AND State of Karnataka & Others. 2024 LiveLaw (Kar) 317Nandini AND The DG & IGP of Police, Bengaluru & Others. 2024 LiveLaw (Kar) 318Thanmay U AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 319Inayathulla N AND State By Police...
"Conscious Decision" Of Minor To Terminate Pregnancy: MP High Court Overturns Single Judge Order Denying Permission Over 'Suspicious' Rape FIR
Madhya Pradesh High Court has recently allowed a writ appeal filed by the grandmother of a minor rape victim whose pregnancy duration had reached 28 weeks. The Division Bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf said that though the pregnancy was over 28 weeks, the same was a result of an alleged offence of rape. The court then referred to X v....
FIR In Rape Case Lodged On July 3 Under IPC Sections: Allahabad HC Questions SP On Not Invoking BNS Provisions
While dealing with a matter wherein an FIR (filed on July 3) in a Rape case had been registered under the Sections of the Indian Penal Code (IPC), the Allahabad High Court last week questioned the Superintendent of Police, Hamirpur, over not invoking the provisions under the Bharatiya Nyaya Sanhita (BNS). BNS, which replaced the IPC, came into effect on July 1, 2024, two days before...
Students Cannot Suffer For Faults Of University: Allahabad High Court Uphold Judicial Review Of "Erroneous" Answer Key
The Allahabad High Court has upheld judicial review of answer key which is “palpably and demonstrably erroneous” and is contrary to the published material which is read by students across the State. It has been held that students cannot be made to suffer for faults of the University in publishing wrong answer keys.“When the answers run contrary to the material published in a large number...
Pending Criminal Case Not Sole Ground To Cancel Arms License Unless Public Peace & Safety At Threat: Madhya Pradesh High Court
The Madhya Pradesh High Court has made it clear that if the licensing authority is satisfied that a person is involved in criminal activity and there is a possible threat to public safety and public peace, it may cancel such person's arms license.Majid Khan had filed a writ petition challenging cancellation of his arms license following registration of two criminal cases against him in 2018...