All High Courts
Telangana High Court Appoints Wife Of Man Who Was In Vegetative State As Legal Guardian Of His Property
The Telangana High Court has appointed the wife of a man who was in a vegetative state as his legal guardian.The order was passed by Justice B. Vijaysen Reddy in a writ petition, which was filed raising the parens patriae jurisdiction of the Court. Under parens patriae, the State has a paternal and protective role over its citizens.It was pleaded that the petitioner may be appointed as the...
CAT Order To Consider Employee's Plea For Voluntary Retirement Is Binding, Authority Cannot Direct Compulsory Retirement Instead: Karnataka HC
The Karnataka High Court has said that directions passed by the Central Administrative Tribunal (CAT) to consider the representation for voluntary retirement made by an employee are binding and authorities cannot instead direct compulsory retirement without considering the plea for voluntary retirement.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde, said thus...
Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India
In a significant ruling on international child custody, the Andhra Pradesh High Court has granted custody of a four-year-old child to his father, allowing the child to return to the United States instead of staying back in India with his natural guardian/mother.The case involved Srinivas Ramineni, a U.S. citizen, who filed a habeas corpus petition seeking custody of his minor son, Gautam....
Hindu Deity Cannot Hold Land As 'Jagir' If Land Was Cultivated By Or Through Tenant: Rajasthan High Court
The Rajasthan High Court has affirmed that pursuant to the Rajasthan Land Reforms & Resumption of Jagir Act, 1952 (“the Act”), Hindu Idols (deity) could hold lands as Jagir only when such land was cultivated by the Shebait/Pujari for such deity either themselves or through hired labour or servant engaged by them so as to be protected from resumption/acquisition under the Act. If the...
'Unconvincing': Bombay HC Pulls Up Authorities For Delay In Deciding Representation Against Preventive Detention Due To Holidays, Official Work
The Bombay High Court while ordering the immediate release of a man, detained under a preventive detention order, said that the authorities responsible for curtailing the fundamental rights of a citizen must act with promptitude and with a sense of urgency.A division bench of Justices Bharati Dangre and Manjusha Deshpande while dealing with the plea filed by one Sadhu Pawar, noted that he...
High Court Cannot Deprive Wife Of Her Right To Choose Appropriate Forum To Seek Maintenance: Bombay High Court
It is the choice of a wife to file Domestic Violence proceedings seeking maintenance and reliefs before a Magistrate Court or before a Family Court when the husband has already instituted divorce proceedings, the Bombay High Court has recently observed while holding that in such a scenario, the High Court should not entertain applications filed by the husband to transfer the proceedings...
S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies
The Jharkhand High Court has clarified that Section 65-B of the Indian Evidence Act, 1872 applies to the presentation of electronic evidence, and not physical documents.Justice Sujit Narayan Prasad, presiding over the case observed, “Section 65 of the Indian Evidence Act is mainly for the purpose of treating the document as secondary evidence depending upon the availability of the...
Kerala High Court Quashes Extension Given To KILA Director General, Directs For Charge To Be Given To Competent Officer Till Fresh Appointment
In A Writ petition filed by former MP Remya Haridas, the High Court ordered that the extension given to the current Director General of Kerala Institute of Local Administration (KILA) is illegal. Joy Elamon, General Director crossed the age of 60 and is therefore not qualified to continue as the Director General. The State had argued that the extension was given only till a new appointment...
Illegal, Arbitrary And Unconstitutional: Rajasthan High Court Grants Relief To Constable Dismissed From Service Without Inquiry
Rajasthan High Court has set aside an order of the superintendent of police passed under Section 19(ii) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (“the Rules”) for being wholly illegal, arbitrary and unconstitutional.Rule 19(ii) of the Rules provides that where the disciplinary authority is satisfied that it is not reasonably practicable to follow...
Andhra Pradesh HC Declines State Pollution Control Board's Plea To Submit Gap Analysis Report On Bio-Medical Waste Treatment Facilities In Sealed Cover
The Andhra Pradesh High Court has rejected the claim to the State Pollution Control Board to submit that Gap Analysis Study in a sealed cover, holding that it is the statutory obligation of the Board to conduct the Study.“We direct respondent No.4 to place on record a copy of the said report. We are surprised to hear from learned counsel for the A.P Pollution Control Board that he should...
Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that an accused cannot claim a right of hearing before an FIR is registered, and hence, an FIR cannot be quashed on the grounds that the accused was not heard before the registration of the offence. A bench of Justice Gurpal Singh Ahluwalia observed thus while dismissing a petition filed by one Abhishek Pandey challenging two FIRs lodged against...
Kerala HC Temporarily Stays Govt Order Mandating Principals To Permit Paid DJ Events, Concerts By External Agencies On Or Outside College Campuses
The Kerala High Court passed an interim order staying the government notification that mandated the Principals to grant permission for the conduct of programs like musical events, DJ performances by external agencies or professional groups in colleges and universities affiliated with the state.The Higher Education Department issued a government notification dated April 09, 2024, for the...