Page 16 - High Court

FinMin studying HC order on PSBs' look out circulars for wilful defaulters

The Finance Ministry is studying the recent Bombay High Court order banning public sector banks from seeking the issuance of look out circulars, or LOCs, against wilful defaulters, sources said. Quashing the powers granted by the Union government to public sector banks (PSBs) to act against wilful defaulters, the High Court said it is arbitrary and violative of a person's fundamental rights. The finance ministry is aware of the April 26 judgement and will make a detailed assessment of the order, sources said, adding that the next course of action will be decided after studying the order. A division bench of Justice Gautam Patel and Justice Madhav Jamdar had on April 23 held as unconstitutional the clause of an office memorandum issued by the central government empowering the Chairman, Managing Directors and Chief Executive Officers of public sector banks to seek issuance of LOCs against default borrowers or even persons who stood guarantee for such borrowers. In its 289-page judgem

Will cease to exist in India if made to break encryption: WhatsApp tells HC

WhatsApp said that people use its platform because end-to-end messages are encrypted, ensuring privacy

HC not pronouncing verdict on plea against arrest: Hemant Soren to SC

Former Jharkhand Chief Minister Hemant Soren on Wednesday moved the Supreme Court, saying the high court is not pronouncing verdict on his plea challenging arrest by the Enforcement Directorate in a money laundering case. A bench of Justices Sanjiv Khanna and Dipankar Datta was told by senior advocate Kapil Sibal, appearing for Soren, that the high court had reserved its verdict on February 28 on his plea but still no decision has been delivered. Soren was arrested on January 31 in the case after he resigned as the Jharkhand chief minister, and party loyalist and state transport minister Champai Soren was named as his successor. He was arrested after being grilled by the Enforcement Directorate (ED) for seven hours in the case. The ED is probing the alleged "huge amounts of proceeds of crime generated by manipulation of official records by showing dummy sellers and purchasers in the guise of forged/bogus documents to acquire huge parcels of land having value in crores'.

Bombay HC quashes circular on BH series number registration: Here's more

The Bharat series registration is introduced to streamline and standardise the vehicle registration process

Special Courts with sessions judges can try offences under IBC: SC

The High Court had observed that the objective of the legislature was not to burden a special court comprising a sessions judge with trials under the IBC

21 retired judges write to CJI against attempts to 'undermine' judiciary

Former Supreme Court and high court judges expressed concerns over attempts by certain factions 'to undermine the judiciary through calculated pressure, misinformation, and public disparagement'

Person can't be deprived of right to livelihood merely due to old age: HC

A person can't be deprived of right to livelihood and to live with dignity merely on account of old age and frail health, the Delhi High Court has observed while upholding an order directing eviction of a tenant from a property which is now required by a landlord for carrying out his business. The high court rejected the stand taken by the tenant that looking at the old age and health of the landlord, it was not believable that he would carry out any business from the premises which was sought to be vacated. The high court dismissed the petition by the tenant challenging an order of an additional rent controller (ARC) which had passed the eviction order. "The bona fides of the requirement set up by the landlord cannot be shrouded with doubts on such presumptive arguments. Merely because the landlord suffers old age and frail health, it cannot be presumed that he does not require the tenanted premises to run his business or is not capable of earning livelihood," Justice Girish ...

Delhi HC denies Arvind Kejriwal's plea against arrest, CM to remain in jail

The Delhi High Court stated that the Delhi chief minister "conspired with others" and was "actively involved in using proceeds of crime

Himachal HC extends anticipatory bail of Ashish, Rakesh Sharma till Apr 26

The Himachal Pradesh High Court on Monday extended the interim anticipatory bail of Hamirpur independent MLA Ashish Sharma and Rakesh Sharma, father of Gagret MLA Chaitanya Sharma, who were booked by the police for electoral offences and criminal conspiracy till April 26. Ashish, now BJP candidate from Gagret Vidhan Sabha, and Chetanya are among the nine MLAs, including six Congress rebels and three independents, who voted in favour of BJP nominee Harsh Mahajan in the recently held Rajya Sabha polls. All of them later joined the BJP. Advocate General Anoop Rattan on Monday said that the High Court has extended the interim bail till April 26 and asked them to join the investigations and appear before the investigation officer whenever called. "We have mentioned in our status report that Rakesh Sharma, a retired bureaucrat, despite orders of the court did not join the investigations and threatened the investigation officer when asked to appear before the police," he said. Meanwhile,

Excavation at Bhojshala complex in MP continues as survey enters 9th day

Excavation process is currently going on at the Bhojshala/Kamal Maula mosque complex in Dhar district of Madhya Pradesh as part of its court-mandated survey being conducted by the Archaeological Survey of India (ASI). Soil and stones collected during the digging process are being preserved by the ASI, a person associated with the survey said on Saturday. This is the ninth day of the survey that began on March 22. Ashish Goyal, who represents the Hindus and who is accompanying the ASI team during this process, told PTI that the survey is being conducted without any break using new scientific methods, Ground Penetrating Radar (GPR), Global Positioning System (GPS), carbon dating in addition to excavation at the site. Videography and photography are also being carried out on the premises, he said. "It is an eternal truth that Bhojshala was built by Raja Bhoj. The inscriptions, pillars and each piece of Bhojshala reveal that this is a Hindu structure," Goyal said. He expressed hope .

Excise policy case: Delhi HC rejects CM Kejriwal's interim bail plea

The judge, in the order, clarified the matter would be taken up for final disposal on April 3 and no adjournment shall be granted

ASI continues survey at Bhojshala complex in Madhya Pradesh for fourth day

This is Ma Saraswati's mandir at Bhojshala. The survey is being conducted so that those who do not understand this, are convinced after this survey," Ashish Goyal said

ASI continues survey of Bhojshala complex; mosque body raises objection

The Archaeological Survey of India (ASI) continued the survey of the controversial Bhojshala/Kamal Maula Mosque complex in Madhya Pradesh's Dhar district for the third day on Sunday. The Kamal Maula Mosque Welfare Society President Abdul Samad, one of the parties in the court, told reporters that he has submitted some of his objections to the ASI via e-mail on Saturday. "Our objection is that the ASI should not include in the survey the objects put up inside Bhojshala after 2003. I have sent my objections through e-mail," he said. Samad said three ASI teams were working inside the complex. "I am the only person from the (mosque welfare) society who is inside during the survey. My objection is that the ASI team should work at one place and not at three places," he said. On Sunday morning, a team of the ASI, accompanied by senior police and local administration officials, reached the disputed complex in this tribal-dominated district. Petitioners from the Hindu side - Ashish Goyal

Archaeological Survey team starts survey of Bhojshala complex in MP

A team of the Archaeological Survey of India (ASI) Friday began a survey of the controversial Bhojshala/Kamal Maula Mosque complex situated in the tribal dominated Dhar district of Madhya Pradesh. The ASI team, comprising more than a dozen members, reached the complex Friday morning. It was accompanied by senior local police and district administration officials. The Madhya Pradesh High Court, on March 11, directed ASI to carry out within six weeks a 'scientific survey' of the Bhojshala complex, a medieval-era monument that Hindus believe is a temple of Goddess Vagdevi (Saraswati) and the Muslim community calls Kamal Maula Mosque. As per an ASI order issued on April 7, 2003, Hindus are allowed to worship inside the Bhojshala complex every Tuesday, while Muslims are allowed to offer namaz at the site on Fridays.

Excise scam: HC denies Kejriwal protection from coercive action in ED case

The Delhi High Court on Thursday refused to grant Chief Minister Arvind Kejriwal any protection from coercive action in an excise policy-linked money laundering case. A bench of Justices Suresh Kumar Kait and Manoj Jain listed the AAP leader's application seeking protection for further consideration on April 22 when his main petition challenging the summons is fixed for hearing. "We have heard both sides and we are not inclined at this stage (to grant protection). The respondent is at liberty to file reply," the bench said. The application for interim relief forms part of Kejriwal's petition challenging the Enforcement Directorate's summonses issued to him for questioning. Kejriwal has moved the court in the wake of the latest summons, the ninth issued by the ED, asking him to appear before it on Thursday. During the hearing, the senior counsel for the AAP chief also sought deferment of the summons issued for today. "It is already over. Time is over. He is not attending," Additio

Childless couples, singles: Identify heirs, write will, appoint an executor

If inherited from her father, it passes to his heirs; if from husband or father-in-law, to husband's heirs

MP HC allows 20k students of 'unsuited' nursing colleges to write exams

The Madhya Pradesh High Court permitted around 20,000 students of "unsuited" nursing colleges to write their main examinations but said the privilege was a one-time measure and they would not get further benefits if they fail. Earlier, the HC had stopped students of nursing colleges, which were found to be running without infrastructure facilities or dispensaries across Madhya Pradesh, to write examinations. The relief from the division bench of Justices Sanjay Dwivedi and AK Paliwal came on applications filed by some students seeking nod to answer the exams. "The students of unsuited colleges shall also be permitted to participate in the examination, but this arrangement and benefit would be a one-time-measure and if they do not clear the examination, no further benefit shall be given to them", the bench observed. Law Students Association president and advocate Vishal Baghel told PTI around 20,000 students would be benefited by the order passed on March 11. The order was uploaded

HC notice to Google for blocking account for uploading nude childhood photo

Uploading a nude childhood photo on Google Drive cost a man access to his email account for nearly a year and forced him to knock on the doors of the Gujarat High Court. The high court has issued a notice to Google India Pvt Limited for blocking the email account of the petitioner for "explicit child abuse" after he uploaded on Google Drive a photo of his grandmother bathing him when he was two years old. The court of Justice Vaibhavi D Nanavati on March 15 issued notices to Google, the Central and state governments returnable on March 26. The petitioner, Neel Shukla, a computer engineer, uploaded childhood photographs on Google Drive, including a picture of him being bathed by his grandmother as a toddler. The tech giant blocked Shukla's account in April last year for violating its policy regarding such contents showing "explicit child abuse", his counsel Dipen Desai told the court. Shukla moved the high court on March 12 after the company failed to resolve the issue through its

HC appoints former SC judge Ramasubramanian as observer for JNUSU polls

The Delhi High Court has appointed former Supreme Court judge V Ramasubramanian as an 'observer' to exercise oversight over the activities of the election committee constituted for the Jawaharlal Nehru University Students Union elections for the 2023-24 academic year. Dealing with a petition filed by a student, Justice Sachin Datta also asked the grievance redressal cell set up in terms of the Lyngdoh Committee recommendations to examine and pass an order on grievances concerning the constitution of the election committee before the declaration of the final result. "In case it is found that the constitution of the EC (election committee) is not in consonance with the law and/or with the Lyngdoh Committee recommendations (as approved by the Supreme Court), appropriate consequential orders as regards the impugned elections, would also be passed by the grievance redressal cell," Justice Datta said in an order passed on Friday. "Respective counsel for the parties are also in agreement .

HC rejects plea claiming princely rights over land between Yamuna, Ganga

The Delhi High Court on Thursday dismissed with Rs 1 lakh costs a plea by a man claiming ownership over the land between rivers Yamuna and Ganga from Agra to Meerut and other places, including 65 revenue estates of Delhi, Gurugram and Uttarakhand. A bench headed by Acting Chief Justice Manmohan said Kunwar Mahender Dhwaj Prasad Singh, who claimed to be the successor of a former 'Raja' and challenged a single-judge's order refusing to grant him any relief on his writ petition, cannot agitate his claim in writ proceedings, that too after 78 years of Independence. The single judge had dismissed his petition with costs of Rs 10,000 in December. The appellant, in appeal, claimed that the land between United Province of Agra running between rivers Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahar, 65 revenue states of Delhi, including Gurgaon and Uttarakhand, came under the "Princely State of Beswan family" and since there was no accession agreement signed between his forefather