News Updates
Revisional Power Can't Be Invoked With Unclean Hands: Gujarat HC Upholds Rejection Of Caste Abuse Complaint In Counterblast To Electricity Theft Case
The Gujarat High Court has affirmed the decision of the Sessions Court rejecting the complaint under the SC/ST (Prevention of Atrocities) Act on the ground that the Petitioner had not approached the court with 'clean hands' and was accused of theft of electricity. Justice Samir Dave opined: "It is settled law that the revisional powers of the High Court can only be exercised to prevent...
Sanction U/S 197 CrPC Required Even If Police Officials Exceed Their Authority In Discharge Of Official Duty: Allahabad High Court
The Allahabad High Court has observed that even if the police officials exceed, to some extent, their authority in the discharge of their official/public duty, then also sanction would be required under section 197 CrPC for their prosecution.Section 197 Cr.P.C. deals with the prosecution of Judges and Public Servants wherein sanction of the Government is stipulated for taking cognizance of...
Bombay High Court Weekly Round-Up: 15 August To 20 August, 2022
Nominal Index [Citations 290-303]Chirag R. Mehta v. The State Of Karnataka 2022 LiveLaw (Bom) 290 Prathamesh v. Union of India and Anr. 2022 LiveLaw (Bom) 291 Raju Jokhanprasad Gupta v. State of Maharashtra 2022 LiveLaw (Bom) 292 S. J. Enterprises & Anr. v. Union of India 2022 LiveLaw (Bom) 293 Vishwajit Sud & Co. v. L & T Stec JV, Mumbai 2022 LiveLaw...
[NEET] Intake Cannot Be Beyond Sanctioned Limit Or Time Schedule For Completing Admissions: Madras High Court
In context of admissions to MBBS courses, the Madras High Court has reiterated that admission to the courses had to be commensurate with the annual intake capacity of the institution. The court also highlighted that the admissions cannot be made beyond the time limit fixed by the Apex Court for completing admissions. "…It is clear that neither intake of students can be allowed beyond...
Terror Funding Case: Delhi High Court Dismisses Zahoor Watali's Appeal Against Denial Of Bail On Ground Of Covid-19
The Delhi High Court on Tuesday dismissed the appeal filed by Kashmiri businessman Zahoor Ahmad Shah Watali challenging the Trial Court order denying him bail last year on the ground of COVID-19, in connection with a terror funding case.Watali had challenged the order passed by Trial Court dated 15th May 2021 wherein it was concluded that there was no question of granting bail to him only on...
Vizhinjam Protests Not Violent: Kerala High Court Stays Collector's Order For Closure Of Liquor Shops
The Kerala High Court on Monday stayed the operation of an order issued by the Thiruvananthapuram district collector on August 20, directing closure of liquor shops in Vizhinjam for two days, taking into account the possibility of conflict in the context of the protests in the area.The stay is to operate till August 24, the next date of hearing.The impugned order under Section 54 of the...
Change Of Counsel Is No Ground To Recall Witness U/S 311 CrPC: Punjab & Haryana High Court
Punjab and Haryana High Court recently held that the change of counsel is no ground for recall of witness under Section 311 CrPC. The bench comprising Justice Jasjit Singh Bedi placed reliance on Supreme Court's judgement in Randhir Singh v. State of Haryana and held that the Court has vast powers that can be invoked to secure the ends of justice including summoning and examining...
NHAI Can't Be Directed To Construct Highways Through Populated Areas: Rajasthan HC Dismisses 'Motivated' PIL By Gram Panchayat
The Rajasthan High Court has dismissed a public interest litigation seeking direction to the National Highway Authority of India to not construct a by-pass on the highways. The PIL filed by the Gram Panchayat of a village close to NH 325 also sought direction to the NHAI to construct the highway through the populated area of the village so that the development of the village can take...
Allahabad HC Issues Contempt Notice To State Secy Over Failure To Decide On Inclusion Of Rajbhar Community In ST List
The Allahabad High Court has issued a contempt notice to the Principal Secretary, Social Welfare Department for his failure to take a decision on the representations moved before the state government seeking inclusion of Rajbhar caste in the list of Scheduled Tribes. The notice has been issued in connection with an order of the High Court dated March 11, 2022, wherein the department was...
[Muslim Law] Minor Girl Can Marry Without Parents' Consent On Attaining Puberty, Has Right To Live With Husband Even When Below 18 Yrs: Delhi HC
The Delhi High Court has observed that as per Mohammedan Law, a minor girl who had attained the age of puberty can marry without consent of her parents and has a right to reside with her husband even when she is less than 18 years of age. Justice Jasmeet Singh made the observation while granting protection to a muslim couple who got married in March this year as per Muslim rites and rituals....
Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court
The Gujarat High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death.The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. vs. Patricia Jean Mahajan & Ors. [(2002) 6 SCC 281] where it...
Sea Link Toll Collection: Bombay HC Deprecates Trend Of Ineligible Bidders Approaching Court, Upholds Disqualification Of MEP Infra
The Bombay High Court recently observed that it has become a trend for 'ineligible' bidders of contracts to try and arouse the court's conscience claiming their bids were more financially viable for the State. However, such financial bids shouldn't even be considered and must be rejected outright if the company doesn't meet the technical criteria for the contract. "Drawing from...