News Updates
"Right To Property Is Basic Human Right": J&K&L High Court Imposes ₹10 Lakh Penalty On Govt. For "Forcibly" Taking Over Private Land
The Jammu and Kashmir and Ladakh High Court has imposed a cost of Rs. 10 lakh on the UT administration for forcibly taking over a private land, without following due procedure of law.A division bench comprising of Chief Justice Pankaj Mithal and Justice Javid Iqbal Wani observed,"It is well recognized that Right to Property is a basic human right which is akin to a fundamental right...
Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court
The Kerala High Court on Thursday held that a writ petition in cases where an employee is effectively seeking the enforcement of rights conferred under an industrial settlement is not maintainable before a High Court if the rights in question can only be traced to the settlement and not to any common or civil law. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias...
Can't Force Rape Victim To Mother A Child: Bombay High Court Allows Termination Of Minor's 16 Week Pregnancy
The Bombay High Court recently allowed the termination of a 16 weeks' pregnancy of a minor who was a victim of sexual abuse and was also in custody at an Observation Home for a crime of murder under section 302 of the Indian Penal Code (IPC). A bench of Justices A.S. Chandurkar and Urmila Joshi-Phalke noted that the Apex Court has observed that reproductive choice is an insegragable...
High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that control over the District Judiciary vested in the High Court in Article 235 of the Constitution of India is complete and absolute and provided only to ensure the independence of the judiciary and to achieve effective separation of powers. A Division Bench of Chief Justice Pankaj Mithal and Justice Sanjeev Kumar held that,...
High Court Not Bound To Invite Bar's Views While Deciding Criminal Reference U/S 395 CrPC: Rajasthan HC
The Rajasthan High Court has observed that Section 395 of CrPC, which makes provision for criminal reference, does not obligate the court to invite the views of the members of the Bar before answering such reference and that notifying the members of the Bar regarding same is purely the discretion of the court to be exercised as a matter of prudence. The court clarified that such a...
Aryan Khan Moves Mumbai Court Seeking Return Of His Passport, Formal Discharge
Shah Rukh Khan's son Aryan Khan has approached the Special NCB court seeking return of his passport nearly a month after the Special Investigation Team of the Narcotics Control Bureau (NCB) dropped charges against him in the cruise ship drug bust. Significantly, the 24-year-old has also sought cancellation of his bail bond and a formal order, discharging him from the case. Khan's...
Ketanji Brown Jackson Sworn In As US Supreme Court Justice- First Black Woman In Court's History
Justice Ketanji Brown Jackson made history on Thursday as the first Black woman to become a U.S. Supreme Court justice as she was sworn into office immediately following the end of the Court's term and Justice Stephen Breyer's retirement.Chief Justice John Roberts administered the Constitutional oath of office to Jackson, and Justice Breyer administered the second Judicial oath of office...
Udaipur Murder : Court Remands Accused To 14 Days Judicial Custody
The Udaipur Court has sent the two accused involved in Udaipur's heinous muder of the tailor Kanahiya Lal Telli to 14 days judicial custody. Kanhaiya Lal had received threats earlier for supporting in social media the remarks made by BJP leader Nupur Sharma on Prophet Muhammed. The assailants took a video of the brutal attack. In a video posted later, the attackers said that...
'Contrary To AG's Assurance': Calcutta High Court Issues Notice To WB DGP In Suvendu Adhikari's Contempt Plea Over Denial Of Entry Into Netai Village
The Calcutta High Court on Thursday issued notice to the West Bengal's Director General of Police, Manoj Malviya and two other IPS officers in a contempt petition filed by BJP MLA Suvendu Adhikari for allegedly violating an earlier order by restricting Adhikari from going to Netai village in Jhargram district on January 7, 2022. Notice was also served on two other IPS officers namely...
Power Under Section 9 Of The A&C Act Cannot Be Exercised For Directing Specific Performance Of The Contract: Reiterates Delhi High Court
The Delhi High Court has reiterated that power under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot be exercised for directing specific performance of the contract itself. The Division Bench of Justices Jyoti Singh and Anoop Kumar Mendiratta held that a direction to the opposite party to extend the contract for a further period would amount to...
Bitcoin Scam: Karnataka High Court Refuses To Quash LOC Against Brother Of Accused Sirkrishna
The Karnataka High Court has rejected a petition filed by Sudarshan Ramesh, brother of bitcoin scam accused Sirkrishna, questioning the action of Central authorities in restraining him from leaving India and travelling to the Netherlands. A single judge bench of Justice S G Pandit said, "The apprehension of the respondents that the petitioner being brother of Mr.Sri Krishna might...
Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court
The High Court of Chhattisgarh has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and non-est and can be set aside in a Writ Petition and the availability of an alternative remedy under Section 34 of the A&C Act is not a bar to the maintainability of the petition. The Division Bench of Chief Justice Anup Kumar Goswami and Justice...