All High Courts
Whether Tourism Department Vehicles Carrying Constitutional Dignitaries Use Backlit Boards Contrary To Rules? Kerala High Court Asks Govt
The Kerala High Court sought response from the Government on whether Tourism Department vehicles carrying constitutional dignitaries and authorities are fitted with backlit name boards and registration plates contrary to the Central Motor Vehicles Rules and flouting safety standards.The Division Bench comprising Justice Anil K.Narendran and Justice Harisankar V. Menon observed thus: “On a...
MP High Court Denies CBI Probe In 2007 Fake Encounter Case But Orders State To Pay Rs 1 Lakh Cost For Insensitivity Of Police Dept
In a writ appeal filed by an aggrieved mother to further investigate an allegedly fake police encounter to eliminate dacoits, the Madhya Pradesh High Court has refused to entrust the investigation to the CBI instead of the Crime Investigation Wing. According to the mother, her son was one among the two killed in the encounter back in 2007.Though the court refused CBI's intervention years...
Information Seeker Has No Locus Standi In Penalty Proceedings Against Public Information Officer U/S 20 Of RTI Act: Delhi High Court
The Delhi High Court has recently observed that an information seeker has no locus standi in the penalty proceedings initiated against a Public Information Officer, under Section 20 of the Right to Information Act, 2005.Section 20 states that the Central Information Commission (CIC) or State Information Commission (SIC) has the powers to impose a penalty on the Public Information Officer...
Delhi High Court Orders Office Space, E-Library For Public Prosecutors In Each District
Observing it is high time to adapt to technological advances, the Delhi High Court has directed the Delhi Government to create digital library for public prosecutors in each district in the national capital. A division bench comprising of Justice Suresh Kumar Kait and Justice Manoj Jain directed Principal District & Sessions Judges of all districts of the national capital to provide...
Gain From Selling Of Property Kept For Investment To Be Taxed Under 'Capital Gains': Kerala High Court
The Kerala High Court has held that when a property kept not for trade but for investment purposes is sold, the gain has to fall under the head 'capital gains' and such a transaction is only taxable under capital gain and not under adventure of trade. The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that the burden is upon the Department to show that...
Trial Court Should Not Issue Warrant Of Arrest Mechanically, Without Application Of Mind: Calcutta High Court
The Calcutta High Court has held that a trial court cannot issue a warrant of arrest without application of mind and justifying the same under the law.A single bench of Justice Suvra Ghosh quashed the warrant of arrest against the petitioners, who were accused under inter alia Section 420 of the Indian Penal Code while observing that the trial court had issued the warrant of arrest against...
Company, Its Officials Must Update Themselves With Ever-Changing Laws, Ignorance Not An Excuse For Breaking It: Bombay High Court
The Bombay High Court on Monday while refusing to quash a First Information Report (FIR) against a businessman observed that ignorance of law is not an excuse for breaking it.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale refused to quash an FIR lodged against one Ajay Melwani, who was booked under relevant provisions of the Narcotics Drugs and Psychotropic Substances (NDPS)...
Educational Institutions Are Strong Pillars Of Democracy, Can't Be Machines Producing Individuals Chasing Marks Or Degrees: Delhi High Court
The Delhi High Court has recently observed that schools, universities and academic institutions are strong pillars of democracy as well as the entire country and are not meant to be machines producing individuals whose aim is only to chase marks, courses or degrees.Justice Swarana Kanta Sharma said that educational institutions are meant to be academic institutes of eminence that help...
'Built Up Area' Definition Can't Have Retrospective Application, Bombay High Court Dismisses Dept. Appeal
The Bombay High Court has held that the expression 'built up area' introduced with effect from April 1, 2005, could not be applied retrospectively, and the Tribunal was justified in holding that up to April 1, 2005, the expression 'built up area' would exclude the balcony area. The bench of Justice G. S. Kulkarni and Somasekhar Sundaresan has observed that for the first time, the Legislature...
Arbitrator's Reliance On Unverified Evidence Violates Fundamental Policy Of India: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that evidence which does not qualify as pleadings supported by due verification or affidavit cannot be equated with proof of a claim. It held that the arbitrator's reliance on such evidence was contrary to the fundamental policy of Indian law. The bench further held that the arbitrator was not in a situation...
Bombay High Court Orders Mandatory Presence Of Medical Facilities In All Schools & Colleges Across Maharashtra
In a first, the Bombay High Court has ordered all educational institutions in Maharashtra to provide proper first aid and medical facilities for students and employees of the schools and colleges within the college premises, so as to provide immediate possible treatment in cases of emergencies.A division bench of Justices Nitin Jamdar and Milind Sathaye noted that educational institutes in...
Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held mere dismissal of the first execution application on the ground of default does not prevent the award-holder/decree-holder from filing a fresh execution petition. The High Court held that the provisions of Rules 105 and 106 of Order 21 of the Code of Civil Procedure do not preclude the...