Page 10 - High Court

Guj properties law: Presumption of constitutionality attached to enactment

There is a presumption of constitutionality attached to every enactment, the Supreme Court on Monday said and dismissed a plea against a Gujarat High Court order refusing to suspend certain provisions of a 1991 state law over properties in disturbed areas. While hearing the challenge, Justices Dipankar Datta and Prashant Kumar Mishra, asked, "How can, by an interim order, certain provisions be suspended?" "There is a presumption of constitutionality attached to every enactment," it observed. The high court on October 28 rejected an application seeking suspension of certain provisions of the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in the Disturbed Areas Act, 1991. The law prohibits the transfer of immovable property in the disturbed areas of the state. The high court noted as far as the relief prayed for the suspension of certain provisions of the 1991 Act -- vires of which were challenged in the wri

Woman's death in 'Pushpa-2' screening: HC grants interim bail to Allu Arjun

The Telangana High Court on Friday granted interim bail to actor Allu Arjun, who was arrested earlier in the day by the city police in connection with the death of a woman during the screening of his movie 'Pushpa 2' here last week. The HC order came shortly after the actor was remanded to judicial custody for 14 days by a local court. Arjun was sent to the jail at Chanchalguda here following the remand, amid tight security arrangements.

Jharkhand HC puts stay on law giving 75% quota in pvt sector jobs to locals

The Jharkhand High Court has put a stay on the implementation of a state law that guarantees 75 per cent reservation to locals for jobs with salaries up to Rs 40,000 a month in the private sector in the state. A division bench, comprising Chief Justice MS Ramchandra Rao and Justice Deepak Roushan, heard a petition filed by a small-scale industries association challenging the provisions of the Jharkhand State Employment of Local Candidates in Private Sector Act, 2021 on Wednesday. As per the Act passed by the Jharkhand Assembly in 2021, every employer shall fill up 75 per cent of the total existing vacancies by local candidates with respect to such posts where the gross monthly salary or wages are not more than Rs 40,000. Jharkhand Small Scale Industries Association counsel AK Das submitted that the enactment has created a clear division between candidates from the state and aspirants from outside Jharkhand. Das claimed that the implementation of the Act is against the principles of

Trustees' body moves HC to seek closure of unauthorised schools in Thane

A private organisation of school trustees has said it has approached the Bombay High Court to demand immediate closure of unauthorised educational institutions in Diva area of Maharashtra's Thane district. The demand comes days after the headmistress of a private school in Mumbra area here was arrested for allegedly not informing police about the molestation of a 10-year-old girl by a man in the institution. The Maharashtra English School Trustees Association (MESTA) has claimed it was an unauthorised institution. Addressing a press conference on Tuesday, MESTA Thane district president Naresh Pawar condemned the incident and claimed the number of unauthorised schools in Diva has gone up to nearly 70 from 40 last year. He further claimed that students and parents were being exploited by these schools with false documents, such as mark sheets, school certificates, and bonafide certificates, being issued without legal authorisation. In the 2023-24 academic year, FIRs were filed again

Businessman Sanjay Bhandari's extradition appeal opens in UK High Court

Sanjay Bhandari, a consultant in the defence sector wanted in India on alleged tax evasion and money laundering charges, began an appeal in the High Court in London on Tuesday against his extradition order. The 62-year-old businessman had won permission to appeal against a November 2022 Westminster Magistrates' Court ruling clearing his extradition earlier this year. His lawyers began making their arguments in the case, which is listed for a three-day hearing this week with the judgment expected in the new year. Lord Justice Timothy Holroyde and Justice Karen Steyn began hearing representations from barristers James Stansfeld and Edward Fitzgerald at the Royal Courts of Justice on three main grounds of appeal whether the bar for criminality had been met in the English jurisdiction, whether a prima facie case had been made and whether the accused faces a risk of violence in an Indian prison. The Crown Prosecution Service (CPS), appearing on behalf of the Indian authorities, will ..

Lift toxic waste from Union Carbide plant within 4 weeks: HC orders MP govt

The Madhya Pradesh High Court has directed the state government to dispose of the toxic waste lying at the now-defunct Union Carbide factory in Bhopal, and said even 40 years after the gas disaster, the authorities are in a "state of inertia" that may cause "another tragedy". Describing it as a "sorry state of affairs", the high court asked the government to remove and transport the hazardous waste from the site within four weeks, failing which it will have to face contempt proceedings. Highly toxic gas methyl isocyanate (MIC) leaked from the Union Carbide factory during the intervening night of December 2-3, 1984, eventually killing 5,479 people and maiming more than five lakh others. In a strongly-worded order passed on Tuesday, a division bench comprising HC Chief Justice S K Kait and Justice Vivek Jain said, "We fail to understand that in spite of issuance of various directions from time to time by the Hon'ble Supreme Court as well as by this Court, pursuant to the plan dated ..

MUDA case: HC issues notice on Siddaramaiah's appeal against bench order

Karnataka High Court on Thursday issued notice to the state government and other respondents on an appeal filed by Chief Minister Siddaramaiah challenging the single judge bench's order upholding the Governor's decision granting approval for an investigation against him in the MUDA site allotment scam. The division bench of Chief Justice N V Anjaria and Justice K V Aravind posted the matter for further hearing on January 25, 2025. On October 24, the CM filed an appeal before the division bench of the High Court, challenging the decision of a single judge bench, which had come as a setback to him. Siddaramaiah is facing allegations of illegalities in the allotment of 14 sites to his wife Parvathi B M by the Mysuru Urban Development Authority (MUDA). The bench of Justice M Nagaprasanna on September 24 dismissed the CM's petition challenging Governor Thaawarchand Gehlot's approval for a probe against him in the case, observing that the gubernatorial order nowhere "suffers from want of

Are they trying to influence: K'taka minister after ED writes to Lokayukta

Karnataka Home Minister G Parmeshwara questioned the ED's intention behind writing the letter to the Lokayuta before the petition came up for hearing in High Court

Criminal case backlog of Delhi courts hits 1.24 mn in 2024, 2nd to Bengal

Delhi's district courts saw a surge of 266,000 pending criminal cases in 2024, bringing the total to 1.2 million, the second-highest after West Bengal, according to Rajya Sabha data

SC to review orders barring HCs from hearing coal block allocation cases

The Supreme Court Wednesday said it would consider pleas seeking modification of its earlier orders that barred high courts from hearing appeals against trial court orders passed in cases related to alleged illegal coal block allocations. The apex court passed two orders between 2014 and 2017 restricting the accused from approaching the high court and had directed that appeals against trial court proceedings in the coal scam cases could only be filed in the top court. The intent behind the orders was to expedite trial processes by preventing delays and to stall the proceedings by the accused seeking relief in high courts. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was considering pleas that urged it to modify the orders saying the Delhi High Court, being the appellate court, be allowed to deal with the pleas arising out of trial court orders related to coal scam cases. "Is this the stand of the CBI that everything should come to us?" the CJI asked senio

HC sets aside ITAT order declining stay on Rs 1,200 cr demand on Samsung

The HC ruled that the tax demand was outstanding in case of Samsung and hence, the ITAT should have decided the stay petition on merits rather than dismissing it on ground of being premature

SC criticises HC orders fixing time limits for trial while denying bail

Deprecating the orders passed by the high courts fixing a time-bound schedule for conclusion of trial while rejecting bail applications, the Supreme Court has said such directions were difficult to implement and give a false hope to the litigants. The apex court said such directions adversely affect the functioning of the trial courts as in many trial courts, there may be pending older cases of the same category. "Before we part with this order, every day we notice that in several orders passed by different high courts while rejecting the bail applications, in a routine manner, the high courts are fixing a time-bound schedule for the conclusion of the trials," said a bench of Justices Abhay S Oka and Augustine George Masih. The top court passed the order while granting bail to a man, who has been incarcerated for two and a half years in a case of alleged counterfeit currency notes. While granting him the relief, the bench noted that trial was not likely to conclude in a reasonable

SC rejects appeal challenging Trai tariff orders, upholds HC decision

The Supreme Court on Friday rejected an appeal challenging the telecommunication tariff orders of the Telecom Regulatory Authority of India (TRAI) and affirmed the Kerala High Court verdict that such matters should be dealt by telecom tribunal TDSAT. The Kerala High Court had refused to entertain the plea of Indian Broadcasting and Digital Foundation (IBDF) against certain provisions of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 issued by TRAI. The high court had said that IBDF should have approached the TDSAT (Telecom Disputes Settlement Appellate Tribunal) to review the tariff orders. A bench comprising Justices P S Narasimha and Sandeep Mehta dismissed the plea, saying "Tariff orders can be challenged before TDSAT under the regulations." The challenge to the regulations themselves can later come to this

Bangladesh court acquits former PM Khaleda Zia in corruption case

Bangladesh High Court on Wednesday acquitted former prime minister and BNP Chairperson Khaleda Zia in a corruption case in which she was sentenced to seven years in jail by a lower court, according to media reports. Zia, 79, was convicted in the Zia Charitable Trust corruption case in 2018 by a Dhaka court. It also sentenced her to seven years imprisonment under the former prime minister Sheikh Hasina's Awami League government and fined her Tk 1 million. A bench of Justices AKM Asaduzzaman and Syed Enayet Hossain overturned the decision based on an appeal by Zia, the bdnews24.com news portal reported. Two others accused in the case were also acquitted by the court. The graft case was filed in 2011 by the Anti-Corruption Commission with Tejgaon Police Station, accusing Zia and three others of abusing power to raise funds for the trust from unknown sources, the Daily Star news portal reported. The Bangladesh Nationalist Party (BNP) Chairperson was lodged in the Old Dhaka Central Jail

Amazon scam: Karnataka HC rejects plea to quash FIR in Rs 69 lakh case

The Karnataka High Court has dismissed a petition seeking quashing of an FIR against two individuals accused of defrauding e-commerce giant Amazon of over Rs 69 lakh. Justice M Nagaprasanna described the case as an example of modern age crime. The petitioners, Sourish Bose and Deepanvita Ghosh, had sought to have the FIR and a magistrate court's order taking cognisance of the case set aside. The duo was booked in 2017 after an Amazon employee uncovered their alleged fraudulent activities, which had reportedly been going on for years. According to the complaint, Bose would order high-end products from Amazon using his bank account, have them delivered to Ghosh's address, and request a return within 24 hours. After obtaining a refund, Bose allegedly used to replace the genuine items with cheap imitations, re-packed them, and send them back to Amazon. The prosecution stated that the return addresses were sometimes linked to Ghosh's residence, while other times they were associated wi

Atrocities case: Wankhede moves HC seeking probe against Nawab Malik

Sameer Wankhede, former zonal director of the Narcotics Control Bureau (NCB), has urged the Bombay High Court to transfer the probe into an atrocities case against NCP leader Nawab Malik to an independent agency like the CBI. Wankhede, an additional commissioner in the Directorate General of Taxpayer Services and a member of the Mahar Scheduled Caste, alleged in his plea that police inaction in the matter has caused him and his family significant mental distress and humiliation. The Indian Revenue Services (IRS) officer had in August 2022 lodged a complaint with the suburban Goregaon police against Malik under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The complaint alleged that Malik had during interviews and on social media made defamatory remarks against Wankhede and his family members based on his caste. Malik has neither been arrested in the case nor has the chargesheet been filed till date. In his petition filed on November 20 in HC, Wankhede .

MP HC bar association not to appear for farmers accused of stubble burning

The Madhya Pradesh High Court Bar Association has decided that none of its member lawyers will fight the cases of farmers related to stubble burning citing environmental reasons. An official of the association said stubble burning not only creates pollution, but also causes the deaths of living organisms. President of the association advocate D K Jain said that in its executive committee meeting, discussion was held and concerns were expressed about the dangers posed to public life due to incidents of stubble burning across the country. People are suffering from many diseases due to stubble burning. At present, the practice of burning stubble is increasing in the country, he said. Jain said that in the interest of the country, supporting the ban on stubble burning, it has been decided that the advocates associated with the association will not appear for the accused farmers in the stubble burning cases. According to news reports, Madhya Pradesh ranks first in the country in ...

HC orders attachment of Delhi's Himachal Bhawan as govt fails to clear dues

The Himachal Pradesh High Court has ordered the attachment of the Himachal Bhawan in Delhi for the recovery of Rs 150 crore that the state government owes to a power firm, Seli Hydropower Electrical Company. Passing the order on Monday, a single-judge bench of Justice Ajay Mohan Goel said the company may take appropriate steps for auction of Himachal Bhawan located in central Delhi's Mandi House area thereof. The case pertains to the 340 MW Seli Hydropower Electric Project on the Chenab river in Lahaul and Spiti district. The state government awarded the project to Seli Hydro Electric Power Company Limited/Moser Baer and issued the Letter of Allotment (LOA) on February 28, 2009, following which the firm deposited the upfront premium of Rs 64 crore. However, the project did not materialise. The state government cancelled the LOA and ordered forfeiture of the upfront premium. The company challenged the decision before an arbitrator which ruled in its favour and asked the government

Bombay HC upholds rape conviction, says consent cannot apply to minor wives

The Bombay High Court upheld a 10-year prison sentence for a man found guilty of raping his minor wife, stating that consensual sex with a minor is legally considered rape, even in marriage

Give priority to 'absolute blindness' over 'low vision' in jobs: K'taka HC

Candidates with 'absolute blindness' would be prioritised over 'low vision' for specific employment opportunities, provided the disability does not affect their job performance