Public Ground Used By One Community Can't Be Denied To Other: Madras High Court Paves Way For Annadhanam, Calls It Fundamental Right

The Madras High Court recently held that the right to conduct Annadhanam (offering food to people during temple festival) would form part of a person's fundamental right under Article 25 of the Constitution. The court added that the local administration is duty-bound to uphold this fundamental right and deal with the law and order problem that may arise. “The right to hold...

'Money Laundering Is Independent Offence': P&H High Court Rejects Sukhpal Khaira's Plea To Defer PMLA Trial In View Of Stay On NDPS Case

The Punjab and Haryana High Court has dismissed Punjab Congress MLA Sukhpal Singh Khaira's plea seeking to set aside an order of the Special Court refusing to defer trial in a money laundering case registered against him. Khaira argued that since the trial in the NDPS case remained stayed in view of State of Punjab's statement before the Supreme Court, continuation of the PMLA trial would...

Acharya's Role A Traditional Duty, Not Employment: Allahabad High Court Allows Padma Awardee To Continue Rituals At Kashi Vishwanath Temple

The Allahabad High Court recently set aside the 25-year-old order of the Kashi Vishwanath Temple Trust CEO that had terminated the engagement of Padma Vibhushan and Padma Shri awardee Professor Dr. Devi Prasad Dwivedi as Acharya at the Temple. A bench of Justice Saurabh Shyam Shamshery, while deciding the writ petition filed in 2000, held that the "position of Acharya is a...

Madras High Court Dismisses Former IPS Officer's Appeal To Reject ₹100 Crore Defamation Suit By MS Dhoni

The Madras High Court has dismissed an appeal filed by retired IPS officer G Sampath Kumar against a single judge order refusing to reject a defamation suit filed by cricketer MS Dhoni against the IPS officer and others. Dhoni had filed the defamation suit for content made by the respondents in connection with the 2013 IPL betting scandal.The bench of Justice SM Subramaniam and Justice...

"Serious Matter": Madras High Court Restrains Real Estate Company From Carrying Out Construction Activities In Alleged RAMSAR Site

The Madras High Court has temporarily restrained Brigade Enterprises Limited, a real estate company, from carrying out any further constructions at the Pallikaranai marshlands, which has been alleged to be a RAMSAR site. Ramsar sites are wetlands deemed to be of international importance under the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat....

Kerala High Court Sets Aside 2015 Judgment That Quashed Vigilance Case Against Office Bearers Of Kerala Cricket Association

The Kerala High Court on Friday (October 31) allowed the writ appeals preferred challenging a 2015 decision of the Single Bench, which had held that Kerala Cricket Association (KCA) is not a public office and therefore, vigilance cases cannot be preferred against its office bearers. The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian pronounced in...

Karnataka High Court Relaxes Video Conferencing Rules Allowing Wife To Depose On VC From US Residence In Cruelty Case Against Husband

The Karnataka High Court recently permitted a wife to record her examination-in-chief and be cross-examined by her husband in a cruelty case, via video conferencing from her residence in the USA, by relaxing the provisions of the 2020 Video Conferencing Rules. For Context, Rule 5.3.1 of the Video Conferencing Rules, 2020 requires that where the deponent is situated outside the territory of...

Delhi High Court Questions Rule Disqualifying Candidates From Armed Forces Over Right Forearm Tattoo

The Delhi High Court has questioned the Rule of disqualifying a candidate from the Indian Armed Forces citing mere presence of a tattoo in the right forearm, but not in the left forearm. A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla referred to the guideline on the issue and said that the authorities did not find anything amiss if the tattoo is on...

'CBI Is Over-Burdened', Show Lapse In Police Investigation To Transfer Probe: P&H High Court In IPS Puran Kumar Suicide Case

While hearing a plea seeking transfer of probe into IPS Puran Kumar's alleged suicide to the CBI, the Punjab and Haryana High Court on Friday (October 31) orally said that the central agency is already "overburdened" and the court cannot "casually" pass orders transferring probe unless lapse in police's investigation is shown. The plea, filed by Navneet Kumar, President of a Haryana NGO,...

Can ED Seek Direction To State Police To Register FIR For Alleged Predicate Offence? Madras High Court Asks

The Madras High Court on Friday questioned if the Enforcement Directorate, being an investigation agency, could file a plea seeking directions to another investigation agency (State) to register cases.The bench of Chief Justice Maniindra Mohan Shrivastava and Justice G Arul Murugan was hearing a petition filed by the Enforcement Directorate seeking directions to the State of Tamil Nadu...

JJ Act | Juvenile's Conviction Not To Be Treated As Disqualification For Appointment In Services: Allahabad High Court

Placing reliance on erstwhile Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which is almost identical to Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Allahabad High Court has held that juvenile's conviction under the Act is not to be treated as disqualification for appointment in services.Section 19 of the Juvenile...

O. XXI R. 10 & 11(2) CPC | Power Of Attorney Holder Can Sign Execution Plea If Acquainted With Case Facts: Allahabad High Court

Interpreting Order XXI Rules 10 & 11(2) of CPC, the Allahabad High Court recently held that a Power of Attorney holder can validly sign and verify an execution application if he is proved to the satisfaction of the Court to be acquainted with the facts of the case. A bench of Justice Rohit Ranjan Agarwal held so while dismissing a petition challenging the maintainability of...