News Updates
'Cannot Fix Operating Hours': Madras High Court Dismisses PIL Seeking Peak Hour Restrictions On Garbage Trucks
The Madras High Court on Tuesday dismissed a Public Interest Litigation seeking to prohibit Tamil Nadu government and Greater Chennai Corporation from operating garbage trucks at peak office or school hours.While dismissing the petition, Acting Chief Justice T Raja and Justice Bharatha Chakravarthy said that the court cannot not fix the operating hours of the garbage trucks.The petitioner,...
Amendments To A Written Statement Can Be Allowed Even If It Amounts To Addition Of New Grounds Of Defence : JKL High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that while allowing amendment of a written statement the general principle is that the amendment should be allowed even if it amounts to addition of new grounds of defense, substituting or altering a defence or taking inconsistent pleas in the written statement.A bench comprising Justice Sanjay Dhar however made it clear that "the...
Can't Reject Passport Application On The Basis Of Reports Of Non-Cognizable Cases Not Investigated Into: Allahabad High Court
The Allahabad High Court has observed that the reports with regard to the non-cognizable cases could not be made the basis for rejecting an application for the issuance of a passport if they had not been investigated into.The bench of Justice Siddhartha Varma and Justice Ajit Singh observed thus while hearing a writ plea filed by one Basoo Yadav, who had moved the Court seeking the issuance of...
DTC Buses Procurement: High Court Seeks BJP MLA's Stand On Deletion Of Tweets Against Delhi Transport Minister Kailash Gahlot
The Delhi High Court on Tuesday sought the stand of BJP MLA Vijender Gupta on deletion of three allegedly defamatory tweets made by him against Delhi Transport Minister Kailash Gahlot in the defamation suit filed by the latter over procurement of 1,000 low-floor DTC buses.A division bench of Justice Siddharth Mridul and Justice Talwant Singh asked Gupta's counsel to obtain instructions in...
District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court
The Jammu and Kashmir and Ladakh High Court recently observed that a District Magistrate while passing the order of detention cannot describe the period of detention of the detenue, because it is the Government which after approving the detention provides the period till the detenue would be detained.A bench comprising Justice Wasim Sadiq Nargal observed,"Section 17(1) of J & K Public...
Delhi High Court Initiates Criminal Contempt Proceedings After Vigilance Inquiry Finds IPAB Order Placed On Record Is Fake
The Delhi High Court has initiated criminal contempt proceedings against defendants in a suit after the Registrar (Vigilance)'s inquiry revealed that they placed a fabricated Intellectual Property Appellate Board (IPAB) order on record as part of a compilation of documents handed over to the court during a hearing last month.Justice Jyoti Singh said any person who takes recourse to deflect...
Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any deviation must come with reasons recorded in...
Punjab & Haryana HC Allows Kidney Swap Transplant Between Persons Not 'Near Relatives', Says Can't Afford Loss Of Life Due To Technicalities
The Punjab and Haryana High Court has recently allowed 'swap transplantation' of kidneys between persons not related to each other as per the definition of 'near relatives' under the Transplantation of Human Organs and Tissues Act, 1994. Noting that even though a 'mother-in-law and a 'son-in-law' would not fall within the definition of 'near relatives' as per the Act, the single bench...
'Long-Term Effects Of Childhood Sexual Harassment Insurmountable': Delhi High Court Upholds Dismissal Of Teacher Accused Of Molestation
While dealing with matters relating to sexual harassment of school going children, paramount consideration is to be given to the well-being of the child whose mental psyche is vulnerable, impressionable and in a developing stage, the Delhi High Court has observed.The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said long-term effects of childhood...
"Cannot Be Left High & Dry": Madras HC Directs Puducherry Govt To Grant Vacant ST Medical Seats To Backward Tribe Community Members
Granting relief to two students belonging to the Backward Tribe category seeking to be considered for reservation in the NEET UG medical admissions, the Madras High Court directed the Union Territory of Puducherry to allow them to fill up the vacant seats in the Scheduled Tribe category. The two seats under the Scheduled Tribe category which have been filled up by Scheduled Caste...
No Departmental Action Against Retired Employee For Event That Occurred Four Years Prior To Issuance Of Chargesheet: Punjab & Haryana HC
The Punjab and Haryana High Court recently quashed the departmental proceedings initiated against a retired police inspector from Haryana in 2021 for an alleged misconduct which took place between 1986-88. A single bench of Justice Deepak Sibal referred to Rules 12.2(b) and 12(5)(a) of the Haryana Civil Services (Pension) Rules, 2016 and said,"After an employee has retired, there...
Can't Stick On Technicalities Like Cut-Off Dates To Refuse Benefits: Kerala HC Asks State To Write Off Loans Taken For Endosulfan Victim's Treatment
The Kerala High Court recently directed the State Government to consider the debts incurred by the family of an endosulfan victim as debts qualified for waiver under Debt Waiver Scheme for Endosulfan Victims, and to write off the loans immediately. The direction comes after State refused to write off loans on the ground that the concerned GO for writing off loans up to Rs.3 Lakhs was...