Married Daughter Of Deceased Also Entitled To Compensation Under Railways Act: Bombay High Court

A married daughter of a victim of a railway accident would also be entitled to compensation under the Railways Act even though she may not be dependent on him, the Nagpur bench of the Bombay High Court has held."If Section 123(b)(i) of the Railway Act is perused, it is the definition of dependant wherein daughter is included. There is no qualification either married or unmarried daughter. As...

Delhi High Court Grants Bail To Lawyer Gautam Khaitan In 2008 Embraer Bribery Case

The Delhi High Court has recently granted bail to a lawyer Gautam Khaitan in connection with the 2008 Embraer bribery case being probed by the Central Bureau of Investigation (CBI) While the case was registered in the year 2016 for various offences under Prevention of Corruption Act and Indian Penal Code, Khaitan was arrested only recently on August 25. His bail plea was rejected by a trial...

Delhi High Court To Have Its Own Citation System For Judgments From October 17

The Delhi High Court is going to have its own 'neutral citation system' for all its judgments, which are uploaded on its official website, with effect from October 17.In a circular issued on October 15, the Registrar (IT) of the High Court said that the neutral citation number of the High Court of Delhi will consist of the three elements -"Year/DHC/Auto Generated Number"."A unique...

BMC's Refusal To Exercise Discretion Without Justifiable Reason, Situation Was Avoidable: Bombay High Court On Rutuja Latke Resignation

"Discretion is not to be used at the sweet will of the authority and in a whimsical manner. If, in the given facts and circumstances, the Court finds that there is a failure of justice, the writ court has the power to issue necessary directions," the Bombay High Court has observed while granting relief to Rutuja Latke, a Brihanmumbai Municipal Corporation employee and prospective candidate...

Necessary To Establish Title For Grant Of Perpetual Injunction Once Settled Possession Is Claimed : J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that in a suit for perpetual injunction, it is necessary for the plaintiff to establish the title for grant of perpetual injunction, claiming settled possession over the property in question. The observations were made by Justice M A Chowdhary while hearing a civil second appeal wherein the moot question that sought an...

'Took Eight Years To Deny Issuance Of Policy For Vehicle, Claimant Suffered Serious Consequences': Kerala High Court Raps Insurance Department

Setting aside the award directing the Kerala State Insurance Department to pay compensation in a road accident claim case, the Kerala High Court Friday said since the policy was not issued by it, the department cannot be charged with liability to pay compensation. However, the court added, since the department took more than eight years to deny the policy, the claimant deserves to be...

"Violation Of Article 26(d)" : High Court Stops AP Govt From Taking Over Ahobilam Mutt Temple

The Andhra Pradesh High Court has held that the State's decision to appoint an 'Executive Officer' to control and manage the affairs of Ahobilam Temple in Kurnool is violative of Article 26(d) of the Constitution and affects the Mathadipathis' right of administration. The division bench of Chief Justice Prashant Kumar Mishra and Justice DVSS Somayajulu made it clear that the Temple is...

Sound Logic Predicated In Waiting Lists, Save Public Exchequer From Incurring Unnecessary Expense For Post Already Advertised: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that there is a sound logic predicated in the interest of the candidates figuring in the waiting list and the intention behind is not to hold further selection for the post already advertised and to save the public exchequer from the unnecessary expenditure. The observations were made by Justice Moksha Kazmi Khajuria...

'Not Manifestly Arbitrary': Delhi High Court Upholds Constitutional Validity Of Chapter II Of SARFAESI Act

The Delhi High Court has upheld the constitutional validity of Chapter II of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 observing that it is not manifestly arbitrary and is not in violation of Article 14 of the Constitution of India.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramoniuam Prasad passed...

[Gyanvapi] Varanasi Court's Order In Favour Of Mantainibility Of Hindu Worshippers' Suit Challenged In Allahabad High Court

The Anjuman Islamia Masjid Committee (which manages the Gyanvapi mosque) has moved the Allahabad High Court challenging a Varanasi Court order dismissing its Order 7 Rule 11 CPC plea that was filed against the maintainability of Hindu Worshippers' suit. It may be noted that the Varanasi Court last month dismissed the Anjuman committee's plea (filed under Order 7 Rule 11 CPC) challenging...

Justice Prasanna Varale Takes Oath as Chief Justice of Karnataka High Court

The Governor of Karnataka, Thawar Chand Gehlot on Saturday administered the oath of office to Justice Prasanna B. Varale as the Chief Justice of Karnataka High Court. The Collegium had recommended Justice Varale's elevation on September 28. Following which on October 11, the Department of Justice of Ministry of Law and Justice notified his appointment. About Justice...

National Commission For Scheduled Castes Cannot Initiate Enquiry On Specious Complaint, Unsubstantiated Allegations: Delhi High Court

The Delhi High Court has observed that National Commission For Scheduled Castes cannot initiate an enquiry under Article 338 of the Constitution of India based on a specious complaint and unsubstantiated allegations.Justice Yashwant Varma said the Commission is empowered to initiate an enquiry only when a member of a Scheduled Caste (SC) is able to establish prima facie that he had...