ALLAHABAD HIGH COURT
Tragic death of 8-year-old prompts Allahabad High Court to take suo motu cognizance of open manholes and ducts around Lucknow
In a suo motu cognizance of the issue of open manholes and ducts within the municipal limits of Lucknow, the Bench of Rajan Roy and Om Prakash Shukla, JJ., said that this is an important matter involving interest of the public at large which requires attention of the Municipal Corporation. The Court also expressed the desire to know the correct facts as to how such an incident occurred and whether there is any lapse on the part of the Municipal Authorities, and whether there are other manholes or ducts in the city which are lying open and what steps are being taken in this regard by the Municipal Authorities. Read more
Allahabad HC partially sets aside arbitral award; Says Arbitrator’s dangerous precedent undermines sanctity of contracts and trust in arbitration
In an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’), filed for setting aside arbitral award, Shekhar B. Saraf, J.* has held that the impugned award of Rs.6,22,268/ along with interest in favour of the respondent on account of repairing of defects in transformer was in violation of Section 28(3) of the Act, as it stood before the Amendment Act, 2015, and set aside the arbitral award to that limited extent. Read more
‘Objections under S. 47 CPC are applicable only to execution of decrees not maintainable against arbitral awards’; Allahabad HC imposes Rs 5 lakhs cost on State
In a writ petition filed by the State, challenging orders passed by the Trial Court and the Commercial Court related to disputes arising from a contract for construction of a cross drainage under Madhya Ganga Canal Phase-II Project in Bijnor, Shekhar B. Saraf, J., while dismissing the petition as frivolous, vexatious, motivated and being an abuse of the process of Court, imposed a cost of Rs. 5 Lakhs on the State. Read more
BOMBAY HIGH COURT
Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay
A writ petition was filed under Art. 226 of the Constitution, before the Division Bench of Jitendra Jain, J*., and AS Chandurkar, J., seeking to quash Maharashtra Administrative Tribunal’s 2013 order confirming suspension of the petitioner for indulging in corruption during his employment with the Sales Tax Department. Two penalties of suspension and withholding of increment were imposed, wherein the petitioner had applied for relief under two separate petitions, one of which had already been finally dismissed in 2015 by a Co-ordinate Bench of the Court. Read more
Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court
In Arbitration applications to resolve disputes that had arisen due to the contracts, a single bench of Bharati Dangre, J. held that the appointment of an arbitrator from a narrow panel of four arbitrators is violative of Section 12(5) of the Arbitration and Conciliation Act, 1996 (‘Act’) as it restricts free choice and increases suspicion that favorites are chosen from the panel. Read more
‘Judges must not tarnish image of the Judiciary’; Bombay High Court upholds removal of Civil Judge
In a Writ Petition filed by the petitioner (Civil Judge) against an order passed by the Secretary, Law and Judiciary Department of Mumbai to remove him from judicial service, a Division Bench comprising of A.S. Chandurkar and Jitendra Jain*, JJ. upheld the order passed to dismiss the Civil Judge from his position due to his misconduct while stating that no reason was found by the Court to use its discretion under Article 226 of the Constitution. Read more
A Will must be the product of free volition; Conscience of the Court must be satisfied when genuineness of Will is questioned, says Bombay High Court
In an appeal against an order, wherein the Testamentary suit filed by the appellant seeking letters of administration of a Will came to be dismissed, a Division Bench of Devendra Kumar Upadhyaya, CJ. and Arif S. Doctor, J.* dismissed the present appeal stating that the circumstances of the formation of the Will were gravely suspicious and a heavy burden was cast upon the appellant to prove otherwise in which he remained unsuccessful. Read more
Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC
In a writ petition filed by a husband challenging the order of the Family Court, Mumbai, that dismissed his application for the interim custody of his minor daughter, the Bench of Rajesh S Patil, J.*, held that adultery is a ground for divorce and not for refusal of child custody to the alleged adulterous wife. The application for custody was moved by him during the divorce petition between him and his wife before the Family Court, before which the husband has not proved the allegations of adultery against his wife. Read more
Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident
In a Criminal Writ Petition filed by Raj Thackeray, leader of Maharashtra Navnirman Sena, Nitin B. Suryawanshi, J. quashed and set aside orders passed against the petitioner for alleged public property damage and violence arising out of a stone pelting incident of 2008. Read more
Bombay HC denies interim relief to filmmaker Ramesh Sippy in inheritance claim on 27 cinematograph films, 500 shares in Sippy Films & Mumbai flat
Manish Pitale, J., recently rejected an interim application filed by Ramesh Sippy, regarding a property dispute of inheritance rights over various assets including 27 cinematograph films, 500 shares, and a flat in Mumbai. Read more
CALCUTTA HIGH COURT
[Cash for Job Scam] Calcutta HC invalidates 24000 appointments secured through WB-SSC 2016 for State Fund Misappropriation for Illicit Employment
While deciding a batch of writ petitions involving the 2016 West Bengal School Service Commission (‘SSC’) recruitment scam in response to the discovery of rampant illegalities in the selection process, the Division Bench of Debangsu Basak, J.* and Md. Shabbar Rashidi, J., declared all appointments made during the SSC recruitment as invalid due to irregularities, and directed individuals whose appointments were cancelled, to give back all the salaries and benefits they received because their appointments were fraudulent. Read more
CHHATTISGARH HIGH COURT
‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter
In an appeal by appellant-victim’s father against the judgment of conviction and order of sentence dated 23-06-2022 passed by the FTSC (POCSO) Additional Sessions Judge, Bilaspur (‘the Trial Court’), the Division Bench of Ramesh Sinha, CJ., and Arvind Kumar Verma, J.*, opined that let it not be forgotten that this case was rape on a girl child, only eleven years old at the time of commission of the offence, by her own father. Nothing could be more heinous than a crime committed on the person of a child by her father, the one who was duty-bound to provide her unflinching protection from all harm. The Court opined that instead of showing fatherly love, affection and protection to the child against the evils of the society, rather made her the victim of lust. Read more
DELHI HIGH COURT
Delhi High Court rules on Hindu woman’s right over life estate of deceased husband as per his will
A petition was filed by the sons of the deceased husband (Defendant 1 and 3) challenging the impugned order by virtue of which the Court held that by virtue of the Will dated 13-01-1989, the wife of the deceased husband became the absolute owner of subject property. Prathiba M Singh, J., held that the will was executed on 30-07-1949, before the enactment of the 1956 Act and the property in question was part of the HUF, and not self-acquired property as the Hindu women become an absolute owner of the property under Section 14(1) of the 1956 Act. Read more
‘Classic instance of triple identity’: Delhi High Court grants permanent injunction in favour of Heifer Project International in a trade mark infringement dispute
Heifer Project International-Plaintiff filed a present suit seeking permanent injunction against the defendants, thereby preventing them from using any trade marks and logos that were deceptively similar or nearly identical to plaintiff. Sanjeev Narula, J.*, opined that the present case was a classic instance of ‘triple identity’. The impugned trade marks were nearly identical, as were the areas of operation, and the segments of the public they targeted. Therefore, the defendants’ use of these nearly identical and deceptively similar marks was certain to cause deception and confusion among the general public. Read more
Situation in record rooms of District Courts is grim; weeding out of record needs to be monitored on regular basis: Delhi High Court
The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J., directed the Principal District and Sessions Judges of all Districts of District Courts in Delhi to monitor the progress of weeding out of cases in their respective districts and take effective steps in this regard. Read more
Delhi High Court directs Delhi University to ensure proportionate allotment of PG seats in St. Stephen’s College
The present writ petition was instituted by petitioner, St. Stephen’s College praying that this Court be pleased to issue appropriate orders directing Respondent 1, University of Delhi to allot proportionate number of PG seats to petitioner or in the alternative lay guidelines for allocation of seats to P.G. course. C. Hari Shankar, J.*, directed Respondent 1 to ensure that allocation/allotment of PG seats in petitioner was not disproportionate. Respondent 1 was further directed to consider framing of an appropriate policy or appropriate guidelines, to govern allocation/allotment of seats in PG courses amongst various colleges. Read more
Delhi High Court quashes FIR on a unique condition to assist Traffic Police at traffic signal for 30 days
The present petition was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking quashing of FIR registered at Police Station Preet Vihar, East Delhi under Sections 354, 506, and 509 of the Penal Code, 1860, along with all other proceedings arising therefrom, based on a settlement. Navin Chawla, J., quashed the FIR, subject to the condition that petitioner should assist the Traffic Police at a traffic signal where he might be deputed by the DCP Traffic, East District, for 30 days. Read more
[Delhi Riots] ‘Aspects related to riot-like violence, burning of Delhi openly discussed in meetings’; Delhi High Court denies bail to Salim Malik
The present appeal was preferred by appellant under Section 21(4) of the National Investigating Agency Act, 2008 (‘NIA’) against the impugned order dated 6-10-2022, whereby he was denied bail. The FIR was initially registered under Sections 120-B, 147, 148, and 149 of the Penal Code, 1860 (‘IPC’), however, subsequently, Sections 124-A, 153-A, 109, 114, 212, 353, 395, 427, 307, 302, 186, 452, and 34 of IPC and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 (‘PDPP Act’) and Sections 13, 16, 17, and 18 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) were also added. Read more
‘Right gets extinguished only if it is relinquished by process known to law’; Delhi HC rules in favour of Bhaktivedanta Book Trust in Copyright Infringement case
In an application filed under Order 13-A of the Civil Procedure Code, 1908 (‘CPC’) seeking summary judgment in favour of plaintiff and against defendant, Anish Dayal, J.*, referred to Section 21 of the Copyright Act, 1957 (‘the Act’) and opined that the provision provides for a prescribed form to be utilized for relinquishment of a copyright and that right would extinguish by the renunciate, only if the person transferred or relinquished the right by a process known to law, and not otherwise. In the present case, the Court noticed that it was not asserted that such relinquishment had been executed by Srila Prabhupada of his copyright in his literary works. Therefore, in law, whether sanyasi or otherwise, relinquishment had certainly not occurred. Read more
Delhi High Court addresses Yamuna River environmental crisis on waterlogging and flooding; Issues directives
The case was filed by concerned citizens, activists, or environmental organizations to address the chronic issues of waterlogging, flooding, and environmental degradation caused by the overflowing Yamuna River in Delhi. They likely filed the case to seek judicial intervention and compel government agencies to take effective measures to mitigate these problems, safeguarding the rights of citizens to a clean and safe environment. A division bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J., held that the situation of waterlogging, flooding, and environmental degradation in Delhi, caused by the overflowing Yamuna River, required urgent and comprehensive intervention. As a result, the Court issued a series of directives to various government agencies to address the issues effectively and laid down the directives aimed to address the systemic issues contributing to waterlogging and environmental degradation in Delhi and ensure sustainable development and environmental protection. Read more
Delhi High Court dismisses PIL seeking extraordinary interim bail for Arvind Kejriwal; imposes cost of Rs. 75,000
A PIL was filed on behalf of the ‘People of India’ seeking grant of extraordinary interim bail to Respondent 5- Arvind Kejriwal, Chief Minister of NCT of Delhi in all criminal cases, the Division Bench of Manmohan, ACJ* and Manmeet Pritam Singh Arora, J., opined that it was strange that petitioner had offered to extend a personal bond in favour of Respondent 5 and undertaking that Respondent 5 would not try to influence the witnesses involved, or try to destroy the evidence. The Court opined that petitioner held no power of attorney on behalf of Respondent 5 to either make such statements/undertakings on his behalf or extend such personal bond. Rule of locus standi was relaxed in a case of public interest litigation, but that was to be done only to ensure that the poor or socially and economically backward or persons with disability were not denied their rights. Read more
Manohar Parrikar Institute for Defence Studies and Analyses is an ‘instrumentality of State’ under Article 12 of the Constitution: Delhi High Court
Chandra Dhari Singh, J.*, opined that in the present case, the role of the Government was not only limited to the extent of funding, rather the same was extended to the control over the other regimes such as decision making, day to day functions, appointments/recruitments, etc. Thus, the Court opined that the test laid down by the Supreme Court with regard to inclusion of an entity as a State was duly met in the case of respondent, Manohar Parrikar Institute for Defence Studies and Analyses, where it was apparent that the Ministry of Defence, i.e., the Government had control over the functioning, finance, and administration of respondent, which made the same an instrumentality of State under Article 12 and thus, amenable to writ jurisdiction of this Court. Read more
Making derogatory complaints to spouse’s employer with intent to harm professional reputation amounts to cruelty: Delhi High Court
The present appeal was filed appellant-husband under Section 19 of the Family Courts Act, 1984, read with Section 28 of the Hindu Marriage Act, 1955 (‘HMA’) against the impugned judgment and decree dated 18-12-2021 passed by the Principal Judge, Family Courts, Southwest District, Dwarka, New Delhi (‘the Family Court’). The Division Bench of Suresh Kumar Kait* and Neena Bansal Krishna, JJ., opined that respondent-wife’s admission to sending a message containing derogatory language towards appellant’s father and filing of complaints with his employer, could be considered as cruelty as such incidents create an atmosphere of tension and instability within the marital relationship, causing emotional harm to both parties involved. The Court set aside the judgment dated 18-12-2021 passed by the Family Court to the effect it dismissed the petition under Section 13(1)(ia) of HMA filed by appellant. The Court thus allowed the appeal and granted divorce under Section 13(1)(ia) of HMA, to appellant. Read more
Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court
Tata Power Delhi Distribution Limited, the petitioner filed the present petition under Section 378(3) of the Criminal Procedure Code, 1973 (‘CrPC’) seeking leave to appeal against judgment dated 08-01-2024. Navin Chawla, J.*, after perusal of Sections 135, 138 and 150 of the Electricity Act, 2003 (‘the Act’) opined that to charge a person with the offence of theft of electricity, under Section 135 of the Act, the prosecution must establish that such person had ‘dishonestly’ damaged or destroyed an electric meter. The onus of proof of the same should always lie on the prosecution and such onus must be discharged on the touchstone of ‘beyond reasonable doubt’. The prosecution could not shift this onus on the accused and it was not for the accused to prove his innocence. Read more
State attempt granting retrospective seniority deemed impermissible; Delhi High Court sets aside orders
Five petitions were filed seeking quashing the letter dated 03-11-2022 issued by Respondent 3, as well as the consequential provisional combined seniority list dated 13-02-2023 circulated by Respondent 3 by virtue of which Respondents are illegally attempting to unsettle the seniority of the petitioners and directing the respondents to fix the seniority of the Petitioners in accordance with Rule 99.2A of the RPF Rules 1987 and combined seniority list dated 07-04-2014. A Division Bench of V. Kameswar Rao and Saurabh Banerjee, JJ., sets aside the said two impugned actions/orders i.e. the letter dated 03-11-2022 issued by the respondent 3, as well as the consequential provisional combined seniority list dated 13-02-2023 circulated by the respondent 3. Read more
Delhi High Court sets aside circular on 24 ‘ferocious’ dog breeds issued by Department Animal Husbandry and Dairying
A batch of petitions were filed challenging the circular dated 12-03-2024, issued by the Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying (respondent 1) prohibiting import, breeding and selling of twenty-four dog breeds. A division bench of Manmohan, ACJ and Manmeet Pritam Singh Arora, J., set aside the circular dated 12-03-2024, which prohibited the import, breeding, and selling of certain dog breeds directing procedural fairness in the form of inviting objections, ensuring examination of objections before any final decision, and maintaining the independence of its decision from that of the Karnataka High Court. Read more
‘A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court
In the present case, two applications were clubbed that were filed under Section 438 of the Criminal Procedure Code, 1973, seeking grant of pre-arrest bail in FIR dated 6-5-2023, for offence under Section 306 of the Penal Code, 1860 (‘IPC’), registered at Police Station Vivek Vihar. Amit Mahajan, J.*, opined that prima facie, the alleged suicide note only expressed a state of anguish of the deceased towards applicants, but it could not be inferred that applicants had any intention, that led the deceased to commit suicide. The Court thus opined that the custodial interrogation of applicants was not required and directed that applicants should be released on bail. Read more
GAUHATI HIGH COURT
Gauhati HC directs State to file affidavit indicating results of tests conducted by Nodal Agencies to check formaldehyde use in imported fish
The Division Bench of Vijay Bishnoi, CJ., and Suman Shyam, J., directed the counsel for Respondent 1 to furnish an affidavit in respect of Kamrup (Metro) district detailing out the action taken by the Fishery Department pursuant to the Standard Operating Procedures (‘SOP’) dated 20-1-2024 for restricting import of fish from other than self-sufficient States using formaldehyde. Read more
Gauhati High Court directs State to furnish details of interim measures to be taken to deal with pollution of Bharalu River
The Division Bench of Vijay Bishnoi, CJ., and Suman Shyam, J., directed counsel for respondents to furnish the details regarding the interim measures to be taken by respondents to deal with the pollution of Bharalu River till the completion of the project, which is scheduled to be completed in the year 2030. Read more
KARNATAKA HIGH COURT
Prescribing specific raaga/ tune for singing the State Anthem in qualified spaces, is not an arbitrary action by the State Govt: Karnataka HC
While considering the instant petition challenging the State Government’s 2022 order prescribing that the State Anthem ‘Jaya Bharata Jananiya Tanujate’ must be sung in the specific tune/raga as composed by noted singer, Late Mysuru Ananthaswamy, especially in qualified spaces such schools, government offices etc., the Bench of Krishna S. Dixit, J.*, pointed out that the raga/tune in issue, is being followed for about two decades with no complaint from the quarters concerned. It was further pointed out that the prescription of particular raga for singing the State Anthem is preceded by a study by a High-Level Committee comprising of experts in the field. The Committee after due deliberation had submitted its report and the Government having looked into the same, came out with the impugned order followed by the subject corrigendum. Read more
[Belagavi Stripping Incident] | Karnataka HC directs speedy completion of trial within 1 year; Grants conditional bail to 11 accused persons
While deliberating over the status of proceedings in the notorious Belagavi stripping incident that occurred in December 2023, the Bengaluru and Dharwad Benches of the High Court directed the completion of trial within one year and granted bail to the 11 accused persons respectively. Read more
[POCSO Case] | An award-winning National hockey player’s achievements earned through hard work, can’t be termed as ‘Influence’: Karnataka HC
While considering the instant petition filed by noted Hockey player, Varun Kumar seeking anticipatory bail in case registered against him under Sections 376(3) and 420 of Penal Code, 1860 (IPC) as well as under Sections 4(2), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the Bench of Rajendra Badamikar, J.*, granted conditional anticipatory bail to the hockey player. The Court opined that the petitioner cannot be termed as an influential person merely because he is an award-winning National Hockey Player. The Court noted that the petitioner’s achievements which were earned because of his hard work, cannot be termed as an influence. However, the Court also pointed out that the records disclose that the family of the victim itself is a highly influential family, with her father being a Senior Police Officer. Read more
Karnataka HC dismisses petitions challenging complete ban on sale of Hookah in any public place in the State
While considering the instant petitions challenge to the notification dated 07-02-2024, issued by the Health and Family Welfare Department, imposing a complete ban on sale of Hookah in any public place in the State of Karnataka, the Bench of M. Nagaprasanna, J.*, rejected the petitions holding that the action of the State is in strict consonance with Art. 47 of the Constitution and was completely tenable in law. The Court had reserved its judgment on the matter on 11-03-2024. Read more
MADHYA PRADESH HIGH COURT
2022 Khargone communal riots incitement| MP High Court directs SHO to consider Congress Spokesperson Aminul Khan Suri’s complaint against BJP’s Kailash Vijayvargiya
In a writ petition filed by Congress Spokesperson Aminul Khan Suri, under Article 226 of the Constitution of India seeking a direction to respondent 3 (SHO of Tilak Nagar Police Station) to act upon a complaint made by Congress Spokesperson Aminul Khan Suri against BJP Minister Kailash Vijayvargiya, a single-judge bench comprising of Pranay Verma, J., disposed of the petition with a direction to the SHO, Police Station Tilak Nagar, to consider the petitioner’s complaint and take appropriate action within 90 days. Read more
“To trigger Section 125(4) CrPC, continuous and repeated acts of adultery required”; MP High Court upheld maintenance order
In a criminal revision challenging the award of maintenance to the wife on grounds of adultery, a single-judge bench comprising of Prem Narayan Singh, J., dismissed the revision petition and affirmed the trial court’s decision to award maintenance to the respondents, finding no grounds for interference. The Court held that a single instance of adultery does not automatically disqualify the respondent from receiving maintenance. Read more
3 years practice or 70% marks in bachelor’s degree mandatory for Civil Judge exam: MP High Court upholds validity of amendment in MP Judicial Service Rules
In a batch of writ petitions filed to set aside the amendment in the Rule 7 of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (‘Rules, 1994 ’), for being unconstitutional, a division bench of Ravi Malimath, CJ.* and Vishal Mishra, J. has held that the impugned Rule is not ultra vires the constitution as it has a direct nexus with the object sought to be achieved of having quality dispensation of justice. Further, the Court held that the requirement of securing 70% marks in aggregate in the first attempt in the case of General and OBC candidates and 50% marks in the case of Scheduled Castes and the Scheduled Tribes candidates is not violative of Articles 14, 16 and 19(1)(g) of the Constitution of India. Read more
MADRAS HIGH COURT
Former DGP Rajesh Das act degraded the morale of police force; Madras High Court dismisses plea challenging his sentence in sexual harassment case
In a criminal miscellaneous petition against the order of the Principal District & Sessions Court by which the conviction and sentence imposed on former Special Director General of Police (DGP) Rajesh Das by the Chief Judicial Magistrate for the offences under Section 354-A(2) of the Penal Code, 1860 (‘IPC’) and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 341 read with Section 109 of IPC were confirmed, M .Dhandapani, J. declined to grant suspension of sentence to Rajesh Das in the sexual harassment case, and also dismissed the petition exempting him to surrender before the Trial Court. Read more
Madras High Court directs MoHFW to issue circular to all hospitals to find out blood alcohol level in drunk driving cases
In an appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the decree and judgment passed by the Motor Accidents Claims Tribunal (‘Tribunal’), wherein the Tribunal attributed 50% contributory negligence against the claimant/appellant on the ground that he should have maintained safe distance from the lorry and that apart, he also smelled alcohol in his breath, N. Anand Venkatesh, J. has enhanced the compensation awarded by the Tribunal from Rs.1,53,952/- to Rs.3,53,904/- and directed United India Insurance Company Limited to pay this enhanced compensation with interest at 7.5% per annum. Read more
PATNA HIGH COURT
‘Compensation fixed as token’; Patna HC directs two Judicial Officers to pay Rs 100 each to a man for subjecting him to trial u/s 498-A IPC not maintainable against him
The present revision was directed against the judgment and order of affirmation passed by the Additional Sessions Judge IIIrd Court at Samastipur on 28-6-2016, whereby the Appellate Court maintained the order passed by the trial court, of conviction for the offence punishable under Sections 498-A of the Penal Code, 1860 (‘IPC’) and Section 4 of the Dowry Prohibition Act, 1961 (‘the Act’) and sentence of petitioner to suffer imprisonment for three years and also to pay fine of Rs 1,000 with default clause for the offence under Section 498-A of IPC and rigorous imprisonment for one year with fine and default clause for the offence punishable under Section 4 of the Act. Bibek Chaudhuri, J.*, directed two judicial officers to pay compensation of Rs 100 each to petitioner as he was made to suffer a criminal trial which was not maintainable against him and was compelled to be confined in the correctional home at different points of time. Read more
RAJASTHAN HIGH COURT
‘State Govt best authority to protect temple’s right’; Rajasthan High Court affirms Devsthan Department’s control over temple land acquisition compensation
In a Public Interest Litigation (PIL) under Article 226 of the Constitution of India regarding transfer of the temple land acquisition compensation award, a division bench comprising of Munnuri Laxman and Dr. Pushpendra Singh Bhati,* JJ., dismissed the PIL and affirmed the Devsthan Department’s control over temple compensation for land acquisition, citing legal provisions and circulars aimed at protecting temple interests. Read more
Rajasthan High Court stays cancellation of Rajasthan Madarsa Board Chairperson’s appointment
In a writ petition challenging the removal of the petitioner from the post of Chairman of the Rajasthan Madrasa Board, without providing reasons and without establishing any disqualifications under Section 7 of the Rajasthan Madrasa Board Act, 2020, a single-judge bench comprising of Avneesh Jhingan, J., stayed the implementation of the order removing the petitioner from the post of Chairman of the Rajasthan Madrasa Board. Read more
Existence of ‘Mens Rea’ is essential requirement for conviction under Section 276CC of Income Tax Act: Rajasthan High Court
In an appeal against the order of acquittal from the charge under Section 276 CC of the Income Tax Act, 1961 (Act) by the Special Magistrate (Economic Offences), Rajasthan, Jaipur, a single-judge bench comprising of Anoop Kumar Dhand, J., upheld the order of acquittal, considering the absence of mens rea and reasonable doubt in the prosecution’s case as the case under Section 276CC of the Act is not found to be proved against the respondent. Read more
Suspension of democratically elected persons due to political vendetta weakens foundation of democracy: Rajasthan High Court
In a civil writ petition, challenging the suspension order of a democratically elected Sarpanch of Gram Panchayat, Baori Kalla solely based on an inspection conducted in 2021, a single-judge bench comprising of Vinit Kumar Mathur, J., found that the suspensions were motivated by political vendetta and lacked proper application of mind. The Court held that democratically elected representatives should not be suspended arbitrarily, as it undermines the democratic process. The Court quashed the suspension order but allowed the respondents to take lawful actions if warranted. Read more
Rajasthan High Court stays Single Judge’s directive on ‘Chaotic’ Cause List Segregation until a later date
In a special appeal writ petition seeking relief against an order dated 27-03-2024 issued by a single-judge bench of Arun Monga, J., directing pre-emptive measures to ensure the smooth operation of the Court, specifically addressing the preparation and designation of cause lists when cases from another Bench are listed before a substitute Bench, a division bench comprising of Munnuri Laxman and Dr. Pushpendra Singh Bhati, JJ., stayed the operation of the impugned order’s directives until a later date. However, the Registry was authorized to bring any concerns expressed by the Single Judge to the Chief Justice for consideration. Read more
Force Majeure | Rajasthan High Court waives contractual fees payable to Gram Panchayat during “unforeseen” COVID-19
In a writ petition preferred by the petitioners challenging the recovery notice issued by Gram Panchayat, Pasund demanding a payment of Rs.19,26,680/-, in the of petitioners’ inability to perform contractual obligations due to the COVID-19 pandemic, a single-judge bench comprising of Vinit Kumar Mathur., J., while acknowledging the impact of unforeseen circumstances on contractual obligations, partly allowed the writ petition, quashed the recovery order for the period affected by the pandemic, and instructed the Gram Panchayat to recalculate the amount accordingly. Read more
TELANGANA HIGH COURT
Telangana HC directs State to consider Mohammed Ali Hyder’s candidature as Shia Community’s representative before State Legislative Council
The present writ petition was filed to declare respondents’ action in not considering letter dated 3-2-2024 submitted by petitioners as illegal, arbitrary, and in violation of the principles of natural justice. Nagesh Bheemapaka, J., directed Respondent 2, the State of Telangana to consider the candidature of Mohammed Ali Hyder, as a representative of Shia Community before the State Legislative Council. Read more
Telangana HC permits Lord Sri Veera Hanuman Vijaya Yatra in Nirmal District; restricts playing music within 150m of mosques
A Petition under Article 226 of the Constitution was filed praying that the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondents more particularly Respondent 4, Sub Divisional Police Officer, Nirmal, in refusing the permission to petitioners to organize Lord Sri Veera Hanuman Vijaya Yatra on 23-4-2024 vide impugned proceedings dated 19-4-2024 as illegal, arbitrary, unconstitutional and set aside the same and consequentially direct respondents to permit petitioners to carryout Lord Sri Veera Hanuman Vijaya Yatra on 23-4-2024 on the eve of Sri Hanuman Jayanthi, in Tanoor village, Nirmal Mandal, Nirmal District. B. Vijaysen Reddy, J., directed Respondents 4 and 5, Sub Divisional Police Officer, Nirmal and Station House Officer, Tanoor Police Station, Nirmal, respectively to permit petitioner to take out Lord Sri Veera Hanuman Vijaya Yatra on 23-4-2024 on the eve of Sri Hanuman Jayanthi. Read more
