All High Courts
Priority In Admission To Kendriya Vidyalaya Not A Vested Right: Karnataka HC Declines Plea By Students Seeking 'Grandparents Sponsoring Quota'
The Karnataka High Court has said that priority in admission to school cannot be construed to be a vested right and priority provided in the previous academic year cannot be enforced as a legal right for continuation of such quota.A Division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while dismissing an appeal filed by grandchildren of serving/retired employees of...
Court's Declaration Of Civil Death U/S 108 Evidence Act Wouldn't Lead To A Presumption About Date & Time Of Death: Allahabad HC
The Allahabad High Court has observed that a civil court's declaration of civil death of a person under Section 108 of the Indian Evidence Act, 1872, would not lead to a presumption about the date and time of his death. A bench of Justice Rajan Roy and Justice Om Prakash Shukla further observed that the presumption of Section 108 is not the only mechanism for declaring death and that...
Defamation Suit: Delhi High Court Issues Summons To Users Who 'Edited' ANI's Wikipedia Page
The Delhi High Court on Thursday issued summons to three individuals who allegedly edited the Wikipedia page of news agency Asian News International (ANI). Justice Subramonium Prasad was dealing with the defamation suit filed by ANI against Wikimedia Foundation, which hosts Wikipedia platform. Earlier this week, a division bench had disposed of Wikipedia's appeal against the single judge's...
Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23
The Karnataka High Court on Thursday (November 14) said it would hear next Saturday, Chief Minister Siddaramaiah's appeal challenging a single judge bench's order which had upheld the Governor's decision granting approval/ sanction for investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam. A division bench of Chief Justice N V Anjaria and Justice K V...
First Firearm 'Difficult To Carry Due To Big Size' Not Ground To Seek License For Another Weapon: Rajasthan High Court
The Rajasthan High Court has refused to interfere with competent authority's order rejecting a man's application for a second gun license which was sought on the ground that the first licensed gun that he possessed, a 12 bore gun, was too heavy for him to carry.The bench of Justice Anoop Kumar Dhand observed that the right to bear arms was completely different in India as compared to this...
Arbitration Agreement Remains Valid Even If Underlying Contract Is Terminated: Sikkim High Court
The Sikkim High Court bench of Chief Justice Biswanath Somadder and Justice Bhaskar Raj Pradhan affirmed that it is well settled that if the contract containing arbitration clause is rendered invalid or void, it does not affect the arbitration agreement. The arbitration agreement would continue to exist and the validity of which will be decided by the Arbitral Tribunal under section 16...
'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act
The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. In doing so the court also observed that the police after...
Madras High Court Denies Anticipatory Bail To Actress Kasthuri For Alleged 'Controversial Remarks' About Telugu Community
The Madras High Court on Thursday (November 14) denied anticipatory bail to South Indian actress Kasthuri for her alleged comments against the Telugu community in Tamil Nadu. A single bench of Justice Anand Venkatesh, on Thursday dismissed the anticipatory bail plea filed by the actress. Speaking at a Brahmin meet in Chennai on November 3rd, the South Indian actress had purportedly...
Reusing Another Brand's Embossed Beer Bottles To Sell One's Own Beer Product Is Trademark Infringement: Madhya Pradesh High Court
The Madhya Pradesh High Court has made it clear that reusing old beer bottles, which are embossed with the brand name/ logo of another company, to sell one's own beer product- constitutes trademark infringement.A division bench of Justices Sanjeev Sachdeva and Pranay Verma thus restrained the sale of two beer companies in old bottles of Mount Everest Breweries Ltd., which are embossed with...
Recovery Of Excess Payment From Lower-Rung Employees Violates Article 14: Patna HC Imposes Rs 5 Lakh Penalty On Child Development Project Officer
The Patna High Court has reiterated that recovering excess payments from employees in the lower service tiers, such as Class-III and Class-IV staff, is iniquitous and would place an undue burden on them, exceeding any reciprocal benefit to the employer.Justice Purnendu Singh, presiding over the matter, emphasised, “employees in lower rung of service would spend their entire earnings in...
[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court
The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law.The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in the alleged...
Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court
The Kerala High Court has held that a person residing in a state can register his vehicle by any registering authority within the state, irrespective of his place of residence or business within the state, as per Section 40 of the Motor Vehicles (Amendment) Act of 2019.Section 40 provides for the place where the motor vehicle has to be registered. The petitioner's car was not registered by...