All High Courts
Disqualified MLA Irfan Solanki Arson Case | Prosecution's Evidence Found Reliable In Trial: Allahabad HC Denies Stay On Conviction
Refusing to stay the conviction of Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson, the Allahabad High Court observed that the 'wider' opinion is that persons charged with crimes ought to be disqualified from contesting elections to public offices. The Court also observed that it has often been seen that a large number of persons...
Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers
While hearing a case where a woman had alleged that she was raped by police officials in Ponnani with the police allegedly refusing to register an FIR, the Kerala High Court set aside the judgment of the Single Judge which had directed the Magistrate to pass order regarding investigation, after noting that it suffered from "serious procedural irregularity". Observing the failure on the part...
Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term
The Bombay High Court at Nagpur on Wednesday (November 13) while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.The High Court was dealing with an appeal filed by a family (parents and son) convicted for killing four members of the maternal family over a land dispute.A division bench...
Service Of Notice Presumed Effective Upon Expected Delivery Time Unless Proven Otherwise: Patna High Court
The Patna High Court has affirmed that service of notice is presumed to be effective upon the letter's expected delivery time in the ordinary course of business, unless the addressee can prove otherwise.Justice Sunil Dutta Mishra, while presiding, reiterated, “Section 114 of the Evidence Act, 1872 enables the Court to presume that in the common course of natural events, the communication...
NEET | Merit Exclusive Criteria To Allocate College, Technical Formalities Can't Frustrate Fundamental Rights Of Meritorious Candidates: Rajasthan HC
Rajasthan High Court directed the Centre and the National Testing Agency (“NTA”) to consider the candidature of petitioners for allocation of collages based on their merits in NEET UG 2024 (“NEET”) which was rejected by the Centre on the grounds that the petitioners were not able to submit certain affidavit/ certificates in the prescribed format on time.The bench of Justice Sameer...
Media Persons With ID Cards Issued By Travancore Devaswom Board Alone Can Remain At Sabarimala Sannidhanam: Kerala High Court
The Kerala High Court has ordered that media reporters who are issued with identity cards by the Travancore Devaswom Board can only remain at the Sabarimala Sannidhanam.The Division Bench of Justice Anil K. Narendran And Justice Muralee Krishna S was considering the issue of stay of media persons at Sabarimala ahead of the Maasapoojas and Mandala-Makaravilakku festival season of...
Waqf Board Can't Recall Administrator's Order Declaring Property As 'Private' Through Committee, Must Approach Court/ Tribunal: Karnataka HC
The Karnataka High Court recently has set aside an order passed by the Karnataka State Waqf Board, constituting a Law Committee to review and recall an order passed in the year 1976, by then Administrator of the Board which held that a portion of a property situated in Kumbarpete area of Bengaluru was private property and not Waqf Property.A single judge bench of Justice M G S Kamal allowed...
Candidates Eligible For Promotion Under 4% Reservation For Benchmark Disability Should Be Considered Under Said Quota: Gauhati High Court
The Gauhati High Court recently directed the State Authorities to consider the cases of two Junior Engineers (Civil) for promotion to the post of Assistant Engineer (Civil) against the 4 percent quota reserved for Persons with Disabilities in terms of the provisions of the Rights of Persons with Disabilities Act, 2016.The Single Judge Bench comprising Justice Kardak Ete observed:“The...
Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC
The Allahabad High Court has observed that in matrimonial proceedings, wives and children often face financial crises compared to husbands, as they have limited support from family or income and their situation is frequently exploited by husbands, which makes it difficult for them to face such proceedings. “In a matrimonial proceeding, the wife and children are pitted against...
Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide
The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955 (HMA), which grants legitimacy to children born out of void and voidable marriages. Admitting a...
Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court
The Gauhati High Court at Aizawl on Thursday (November 14) set aside an Award passed by a Lok Adalat under Section 19 of the Legal Services Authority Act on the ground that the petitioner was not a party in the original civil suit and hence, she was not given an opportunity of being heard in the matter before referring the case to Lok Adalat.The Single Judge Bench of Justice Marli...
Premature Withdrawal Of Investment From 'Capital Gain Tax Exemption Bonds' Defeats Legislative Intent Behind S. 54EC Of Income Tax Act: Delhi HC
The Delhi High Court has made it clear that an investor of 'Capital Gain Tax Exemption Bonds' cannot seek premature withdrawal through judicial intervention. A single bench of Justice Sanjeev Narula ruled that such an act would defeat the legislative intent behind Section 54EC of Income Tax Act, 1961. The provision stipulates that long-term capital gain will not be charged on...