High Courts Weekly Round-Up
9 years, 3 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtIn a significant ruling, Allahabad High Court has held that blocking 25% of the benefits in a Pension scheme in favour of minorities is not invalid. Justice Arijit Banerjee directed the State Governmentto reconsider sympathetically the issue of discontinuance of the said scheme for providing assistance to political sufferers Chattisgarh High Court The Chhattisgarh High Court held that the policy of the State Government barring and prohibiting the consideration of the married daughter from seeking compassionate appointment merely on the ground of marriage is plainly arbitrary and violative of Article 14, 15 and 16 of the Constitution of India. Delhi High Court The Delhi High Court bench of Justice SiddharthMridul transferred the trial of Congress leader Sajjan Kumar in the 1984 anti-Sikh riots case from Karkardooma court to Patiala House court in proceedings under S.407 of the Code of Criminal Procedure after a plea was filed alleging “improper recording of evidence” The High Court bench of Justice Suresh Kait dismissed the plea of Dabur promoter PradipBurman, whose name has appeared in the blackmoney list, seeking to stay proceedings in a case of alleged tax evasion against him in the trial court. Madhya Pradesh High Court In a Public Interest Litigation filed by Shri AbhishekGilke, a law student from Devi AhilyaVishwavidyala, Indore praying compensation from various authorities of the state government to be paid to a widow for loss of life of her husband Late Vishal Mandloi who succumbed to heart attack being caught in a traffic jam, the Indore Bench of the Madhya Pradesh High Court issued directions to the government to award appropriate compensation to her. A contempt petition filed against Chief Justice of Madhya Pradesh High Court was dismissed by the High Court on Tuesday.

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History of this topic

Convenience Of Litigants Weighs More Than Convenience Of Advocates: AP High Court Dismisses Plea Challenging Shifting Of Sessions Court
3 days ago

Convenience Of Litigants Weighs More Than Convenience Of Advocates: AP High Court Dismisses Plea Challenging Shifting Of Sessions Court

Live Law  

The Andhra Pradesh High Court has dismissed a writ petition challenging a Government Order that envisaged shifting of the Court of VI Additional District Sessions Court, Machilipatnam to Avanigadda. While it is true that advocates affiliated with the Bar Association in Machilipatnam would now have to travel to Avanigadda, when considering the balance of convenience, we believe the convenience of …

Karnataka High Court Stays Trial Court's Fresh Summons To Ex-CM BS Yediyurappa In POCSO Case
1 week, 5 days ago

Karnataka High Court Stays Trial Court's Fresh Summons To Ex-CM BS Yediyurappa In POCSO Case

Live Law  

The Karnataka High Court on Friday stayed the order of cognizance and summons issued by a Bengaluru Court to former Chief Minister BS Yediyurappa and three other accused directing their presence before the Trial Court on March 15, in connection with a case registered under the POCSO Act.Justice Pradeep Singh Yerur passed the interim order while hearing a petition filed …

Contempt of court: Himachal HC issues show-cause notices to ex-Lok Sabha MP, son
3 weeks, 1 day ago

Contempt of court: Himachal HC issues show-cause notices to ex-Lok Sabha MP, son

Hindustan Times  

The Himachal Pradesh high court has issued show-cause notices to former Lok Sabha MP Rajan Sushant and his son Dhairya Sushant for criminal contempt of court taking suo motu notice after a video was uploaded on social media levelling serious allegations against the judiciary. A division bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja issued show-cause notices under …

Madhya Pradesh High Court Issues Contempt Notice To State Social Justice Department's Joint Director For 'Misquoting' Court Order
3 weeks, 1 day ago

Madhya Pradesh High Court Issues Contempt Notice To State Social Justice Department's Joint Director For 'Misquoting' Court Order

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has issued a contempt notice to Joint Director, Department of Social Justice and Empowerment of Persons with Disabilities in Gwalior for misquoting the court's order to state that 'skilled grade' benefit was being granted to the petitioner under the court's directions. Under these circumstances, it is clear that Joint Director, Department of …

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat
3 weeks, 2 days ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law  

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

Karnataka High Court Issues Notice On Plea Against Rule Permitting Destruction Of High Court Records After 5 Years
3 weeks, 2 days ago

Karnataka High Court Issues Notice On Plea Against Rule Permitting Destruction Of High Court Records After 5 Years

Live Law  

The Karnataka High Court on Monday issued notice to the Registry of High Court and others on a petition seeking to quash the amendment made to High Court Rules which permits destruction of records available in the high court after five years. A division bench of Chief Justice N V Anajaria and Justice M I Arun issued notice on the …

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts
3 weeks, 5 days ago

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Live Law  

Asking him to approach the Allahabad High Court for quashing/clubbing of FIRs, the Supreme Court today stayed for 2 weeks the arrest of Samajwadi Party trade wing chief Manish Jagan Agrawal who has been booked by Uttar Pradesh authorities over certain "objectionable" social media posts. "If the petitioner is already on bail, his arrest shall remain stayed for 2 weeks …

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts
3 weeks, 5 days ago

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Live Law  

Asking him to approach the Allahabad High Court for quashing/clubbing of FIRs, the Supreme Court today stayed for 2 weeks the arrest of Samajwadi Party trade wing chief Manish Jagan Agrawal who has been booked by Uttar Pradesh authorities over certain "objectionable" social media posts. "If the petitioner is already on bail, his arrest shall remain stayed for 2 weeks …

High Court notice to Karnataka government over dropping cases against MPs, MLAs
3 weeks, 6 days ago

High Court notice to Karnataka government over dropping cases against MPs, MLAs

India Today  

The Karnataka High Court, on Thursday, issued notice to the state government in a petition challenging a government order to withdraw 43 criminal cases, in which former ministers, MLAs and persons of influence were named accused. A Division Bench of Chief Justice NV Anjaria and Justice MI Arun passed the order on the public interest litigation questioning the legality of …

Supreme Court quashes chargesheet against former Army officer in rape case
1 month ago

Supreme Court quashes chargesheet against former Army officer in rape case

The Hindu  

The Supreme Court on Tuesday quashed a chargesheet against a former Army officer in an alleged rape case saying it was an "abuse of process of law". Mr. Dubey said seven FIRs against nine different people, including the petitioner, at seven different police stations, were registered at her instance in the last eight years. "Petitioner is a 63-year-old decorated officer …

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals
Trending News
1 month ago

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals

Live Law  

The Supreme Court recently directed all High Courts to submit detailed reports on the pendency of criminal appeals, seeking comprehensive data on cases pending before Single Judges and Division Benches, including a bifurcation based on the bail status of the accused. We, therefore, direct the Registrar Generals of all the High Courts to submit a detailed report to this Court …

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals
Trending News
1 month ago

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals

Live Law  

The Supreme Court recently directed all High Courts to submit detailed reports on the pendency of criminal appeals, seeking comprehensive data on cases pending before Single Judges and Division Benches, including a bifurcation based on the bail status of the accused. We, therefore, direct the Registrar Generals of all the High Courts to submit a detailed report to this Court …

Karnataka High Court refuses to cancel Pocso case against Yediyurappa, grants pre-arrest bail - Karnataka News
1 month, 2 weeks ago

Karnataka High Court refuses to cancel Pocso case against Yediyurappa, grants pre-arrest bail - Karnataka News

India Today  

The Karnataka High Court on Friday refused to quash Pocso case against former chief minister and senior BJP leader BS Yediyurappa but granted him anticipatory bail. During the hearings, Yediyurappa’s counsel denied the allegations, arguing that the mother and daughter had previously approached him regarding an earlier case in which the girl had been sexually assaulted by another person. Reacting …

P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case
1 month, 2 weeks ago

P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case

Live Law  

The Punjab & Haryana High Court has refused to drop disciplinary proceedings initiated against a judicial officer, a member Superior Judicial Services accused of granting excessive compensation in a road accident case based on "extraneous consideration." 20,69,688/- and Rs.18,25,400/- in two separate MACT cases, the High Court also alleged that the same are based on some extraneous consideration without specifying …

'We Admire Courage Of Madhya Pradesh State In Filing Petitions With 300/400 Days' Delay' : Supreme Court Summons MP Law Secretary
1 month, 3 weeks ago

'We Admire Courage Of Madhya Pradesh State In Filing Petitions With 300/400 Days' Delay' : Supreme Court Summons MP Law Secretary

Live Law  

Taking a stern view on excessive delay in filing an appeal by the Madhya Pradesh Government, the Supreme Court recently directed the Law Secretary of the State to be present to explain who was the authority behind deciding to file the case. The bench of Justice Pardiwala and Justice Mahadevan was hearing a plea filed by the State Government challenging …

Family Law: All India Annual Digest 2024
2 months ago

Family Law: All India Annual Digest 2024

Live Law  

SUPREME COURT CustodyCustody of minor children – Parental Alienation Syndrome – It is challenged that the Minor Children have been influenced against the Respondent and the preference indicated by the Minor Children ought not to be considered representative of their true emotions. S.125 CrPC | Wife Residing Away From Husband Without Any Reasonable Cause Not Entitled To Maintenance: Jharkhand High …

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days
2 months, 1 week ago

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days

Live Law  

The Supreme Court today dismissed Jammu and Kashmir government's challenge to a High Court order which directed the UT authorities to create 334 judicial posts within 60 days.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that the main matter is pending before the High Court and the observations contained in the impugned order - an …

Karnataka High Court extends ex-chief minister Yediyurappa's bail in POCSO case
2 months, 1 week ago

Karnataka High Court extends ex-chief minister Yediyurappa's bail in POCSO case

India Today  

The Karnataka High Court today adjourned the hearing of a petition filed by former Chief Minister BS Yeddyurappa seeking the dismissal of a Protection of Children from Sexual Offences case against him. Kumar The senior advocate argued that the case cannot be dismissed based on witness statements recorded under Section 161 of the CrPC, which allows police officers to examine …

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC
2 months, 2 weeks ago

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC

Live Law  

The Punjab & Haryana High Court has said that single judge passing order allowing to withdraw the contempt plea with liberty to revive it during the pendency of appeal is unnecessary intrusion into the appellate jurisdiction. Justice Sureshwar Thakur and Justice Sudeepti Sharma said the passing of the order by the single bench "is unnecessarily intrudes into the exercise of …

Punjab & Haryana High Court Issues Contempt Notice To SDM Over Failure To Vacate Office To Provide Space For Judges To Hold Court
2 months, 2 weeks ago

Punjab & Haryana High Court Issues Contempt Notice To SDM Over Failure To Vacate Office To Provide Space For Judges To Hold Court

Live Law  

The Punjab & Haryana High Court has issued contempt notice to the Sub Divisional Magistrate of Punjab's Derabassi, over failure to comply with direction to vacate his office to provide space to judges to enable them to hold court. "This Court, after gazing overall situation where the deficiency in the infrastructure provided by the State of Punjab in respect of …

Supreme Court Stays P&H High Court's Direction For Verandah Construction At HC After Chandigarh Admin's Concerns Over UNESCO Heritage Status
Trending News
2 months, 2 weeks ago

Supreme Court Stays P&H High Court's Direction For Verandah Construction At HC After Chandigarh Admin's Concerns Over UNESCO Heritage Status

Live Law  

The Supreme Court today stayed the interim order dated November 29, 2024, in which direction was passed against the Chandigarh Administration to begin the construction of a Verandah outside the Court 1 of the Chief Justice's Court of the Punjab and Haryana High Court. The Court while issuing notice to the Respondents also stayed the contempt notice issued by the …

Allahabad High Court 'Worrisome'; Filing & Listing Have Collapsed : Supreme Court
2 months, 2 weeks ago

Allahabad High Court 'Worrisome'; Filing & Listing Have Collapsed : Supreme Court

Live Law  

While dealing with Uttar Pradesh MLA Abbas Ansari's plea assailing Allahabad High Court's failure to hear his property dispute despite a specific Supreme Court direction, Justice Surya Kant of the top Court today expressed concern about the High Court, saying it is one of the High Courts one should be "worried" about.While the allegation regarding Ansari's background affecting the High …

Worrisome: Supreme Court raps Allahabad High Court on delay in UP MLA's plea
2 months, 2 weeks ago

Worrisome: Supreme Court raps Allahabad High Court on delay in UP MLA's plea

India Today  

The Supreme Court on Thursday sharply criticised the Allahabad High Court over a complaint filed by Uttar Pradesh MLA Abbas Ansari, which alleged inaction by the High Court on his plea challenging the government takeover of his land. Ansari, son of late gangster-politician Mukhtar Ansari, claimed that the High Court had selectively ignored his petition, while it had stayed similar …

Supreme Court says Allahabad High Court functioning is 'really worrisome'
2 months, 2 weeks ago

Supreme Court says Allahabad High Court functioning is 'really worrisome'

New Indian Express  

The Supreme Court on Thursday expressed concern over the functioning of High Court, especially Allahabad High Court when it comes to listing of cases, Bar and Bench reported. The court was hearing a plea moved by Uttar Pradesh MLA Abbas Ansari who said his case related to a property dispute was not being heard by the High Court. The top …

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133
2 months, 3 weeks ago

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 133 The appellant in this case held lease hold rights on behalf of Indian Oil Company qua a retail outlet at Satna. Wife's Refusal To Consummate Marriage Amounts To Mental Cruelty, Ground For Divorce: MP High Court Title: Sudeepto Saha v. Moumita Saha Citation: 2024 LiveLaw 6 The Madhya Pradesh High Court has …

Delhi High Court Half Yearly Digest: July To December 2024 [Citations 734 - 1394]
2 months, 3 weeks ago

Delhi High Court Half Yearly Digest: July To December 2024 [Citations 734 - 1394]

Live Law  

The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides the claims on merits. The Delhi High Court Bench of Justice Sanjeev Narula held that the issue of limitation, raised as a …

Private Party Can't Seek Punishment For Contempt Of Court Without Prior Written Consent Of Advocate General: Jharkhand High Court Reaffirms
3 months ago

Private Party Can't Seek Punishment For Contempt Of Court Without Prior Written Consent Of Advocate General: Jharkhand High Court Reaffirms

Live Law  

The Jharkhand High Court dismissed a contempt petition filed by an advocate, observing that it was not maintainable under the Contempt of Courts Act as the petitioner lacked locus and failed to fulfil mandatory requirements for initiating such proceedings. Justice Sanjay Kumar Dwivedi, in its decision, observed, “It is well settled if a private party seeks punishment for contempt of …

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague
3 months ago

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

Live Law  

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. “It is pertinent to mention that respondent No.5 has lodged a complaint against the petitioners on 09.10.2015, subsequent to the report submitted by the …

Allahabad high court holds UP special secretary in contempt, detains officer in court
3 months ago

Allahabad high court holds UP special secretary in contempt, detains officer in court

Hindustan Times  

Taking serious note of disobedience of a court order, the Allahabad high court held Rajnish Chandra, special secretary, department of social welfare, UP, guilty of contempt of court and had sentenced him to detention in the court till the rising of court. The Allahabad high court in Prayagraj Besides, the court in its order dated December 20 imposed a fine …

Kerala High Court quashes delimitation order in eight municipalities, one panchayat
3 months, 1 week ago

Kerala High Court quashes delimitation order in eight municipalities, one panchayat

New Indian Express  

Kerala HC seeks government’s view on new year party The High Court has sought the state government’s opinion on a petition seeking to prohibit the proposed new year music festival on December 31 at Chulika Estate, a landslide-prone area, organised by Boby Chemmanur. Planning a New Year party there barely six months after the landslide incident?” asked the court and …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 2 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles
3 months, 3 weeks ago

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles

Live Law  

While considering a wife's plea against a family court's verdict which refused to grant her divorce, the Gujarat High Court underscored that in adjudicating family dispute cases including Child Custody and Maintenance, family courts must deal with them with sensitivity with the welfare of those affected being the focus. The high court was considering the wife's appeal against the decision …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 3 weeks ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Supreme Court Stays Contempt Proceedings In Gujarat High Court Against Judicial Officer
3 months, 3 weeks ago

Supreme Court Stays Contempt Proceedings In Gujarat High Court Against Judicial Officer

Live Law  

The Supreme Court recently stayed the contempt proceedings in the Gujarat High Court initiated against a judicial officer, an Additional Senior Civil Judge. The judicial officer approached the Supreme Court challenging the order of the Gujarat High Court which allowed his addition as a respondent in a contempt petition filed by a person who alleged that he was illegally arrested …

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty
4 months ago

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty

Live Law  

While considering a case under the Consolidation of Holdings Act, 1963, the Allahabad High Court has imposed a cost of Rs. Case Background Petitioners approached the Court stating that in the year 2019-20, consolidation proceedings were conducted on their land under the Consolidation of Holdings Act, 1963. High Court Verdict The Court relied on the decision of the Allahabad High …

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments
Trending News
4 months ago

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments

India TV News  

In a significant legal development, the Supreme Court has partially stayed the Himachal Pradesh High Court’s order, which had annulled the appointment of six parliamentary secretaries in the state. The Himachal Pradesh government had filed an appeal against the High Court's order, which had declared the appointments of the six parliamentary secretaries as illegal, ruling that these positions violated constitutional …

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action
4 months ago

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

Live Law  

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several …

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court
4 months, 1 week ago

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances …

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
6 months, 2 weeks ago

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

Live Law  

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009. The Supreme Court recently expressed …

‘Chief justice can’t act solo’: SC quashes collegium’s decision
6 months, 2 weeks ago

‘Chief justice can’t act solo’: SC quashes collegium’s decision

Hindustan Times  

The Supreme Court on Friday intervened to quash a collegium decision of the Himachal Pradesh high court that overlooked two senior district judges for elevation, marking a first-of-its-kind decision on an issue that is usually dealt very selectively or administratively. In its decision, the apex court ruled that “lack of effective consultation” during judicial appointments falls within the scope of …

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court
7 months ago

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law. Justice Dua reiterated the principle put forward by the Apex Court that “in order to advance substantial justice, though liberal, justice-oriented approach and cause of substantial …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
7 months, 1 week ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court
7 months, 2 weeks ago

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday expunged the observations made by a single judge bench of the Punjab and Haryana High Court against the apex court in a contempt case, saying they were "scandalous" and "unwarranted".A five-judge bench headed by Chief Justice of India D Y Chandrachud, however, refused to initiate proceedings against Punjab and Haryana High Court Judge …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
7 months, 2 weeks ago

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court

Hindustan Times  

The Supreme Court on Wednesday called the criticism of the Punjab and Haryana High Court of its verdict scandalous and unnecessary. Hearing a suo moto case over the high court's unusually harsh observations, a bench headed by Chief Justice of India DY Chandrachud said the Supreme Court was pained by the remarks. The Supreme Court on Tuesday took suo motu …

SC bench to hear Punjab HC’s criticism of its order
7 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

MP High Court Stays Proceedings Initiated By Children Against Parents For 'Starvation, Physical Abuse & Forbidding Them From Watching TV'
7 months, 3 weeks ago

MP High Court Stays Proceedings Initiated By Children Against Parents For 'Starvation, Physical Abuse & Forbidding Them From Watching TV'

Live Law  

Madhya Pradesh High Court has stayed the trial court proceedings arising out of a FIR lodged against a couple by their 21-year-old daughter and an 8-year-old son, alleging harassment, including physical abuse, starvation and forbiddance from watching TV. Though the accused tried to forcefully take them back from the aunt's residence, even the local police station did not permit the …

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case
8 months, 1 week ago

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

Live Law  

The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act was misguided. The …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
8 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

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