Page 18 - High Court

SC says no automatic vacation of stay orders of trial courts, HCs

The court stated that trial courts, being familiar with grassroots situations, are better positioned to determine which cases should be heard on priority

There can't be automatic vacation of stay orders of courts: Supreme court

The Supreme Court on Thursday held that there cannot be an automatic vacation of stay orders granted by a lower court or high court in civil and criminal cases after six months. A five-judge Constitution Bench headed by Chief Justice D Y Chandrachud did not agree with its 2018 judgement which had held that there should be automatic vacation of stay orders of the courts below unless they are extended specifically. Laying down guidelines, the judgement also said the constitutional courts, the Supreme Court and the high courts should refrain from fixing a timeline for disposal of cases and it can be done only in exceptional circumstances. The bench pronounced two separate but concurring judgements. "The constitutional courts should not lay down a timeline to decide cases since grassroot issues are known to concerned courts only and such orders can be passed in exceptional circumstances only," said Justice A S Oka. "There cannot be an automatic vacation of stay," said Justice Oka, who

Jharkhand HC dismisses Rahul's petition to quash proceedings against him

The Jharkhand High Court has rejected Congress leader Rahul Gandhi's petition seeking to quash proceedings against him in a trial court in connection with a criminal complaint. Naveen Jha, a BJP worker, had filed the case against Gandhi in 2019 for his alleged defamatory remarks against Union Home Minister Amit Shah. Justice Ambuj Nath of the high court dismissed Gandhi's plea on Wednesday but the order was uploaded on the high court website on Friday. The senior Congress leader had contested the decision of a magisterial court in Ranchi, which instructed him to personally appear before the court to undergo trial. Later, Gandhi moved the high court, which issued a stay order on any further actions in the lower court against him. The HC had also issued notices to complainant Jha to appear in the case. During one of his public speeches in Chaibasa before the 2019 Lok Sabha elections, Gandhi had referred to Shah as a "murderer". After recording the statements of the complainant and

Elon Musk's X says Indian government asked it to withhold some accounts

X said that the accounts have been withheld but it disagrees with it and maintains that 'freedom of expression should extend to these posts'

Manipur High Court revokes inclusion order for Meitei community in ST List

The Manipur High Court's decision to delete a paragraph from its March 2023 order which urged the state to consider including the Meitei community in the Scheduled Tribe list, has evoked contrasting reactions from the two warring communities in the northeastern state. While Meitei organisations said it will continue the movement for ST status for the community claiming it is not just a matter of the judiciary, a Kuki bodies welcomed the verdict asserting that it is the right decision. Keithelakpam Bhogen, the general secretary of the Scheduled Tribe Demand Committee Manipur (STDCM), expressed determination to continue the movement for ST status for the Meitei community despite the court's decision. He said the issue is not solely a judicial matter and vowed to persist in their efforts, including engaging with legislators. World Meitei Council president Heigrujam Nabashyam downplayed the significance of the directive, stating that their demand for ST status would persist, unaffected

K'taka HC grants relief to Byju's; calls resolutions passed in EGM invalid

The edtech firm said this development marks a significant victory for edtech firm, with court recognizing urgent need to protect the company's interests and uphold the principles established by law

Karnataka HC refuses to stay Byju's EGM called by investors on February 23

Karnataka High Court on Wednesday refused to stay an emergency shareholder meeting called by select investors of Think and Learn Pvt Ltd -- the owner of BYJU'S -- to oust the company's CEO Byju Raveendran and his family from the leadership in the edtech firm. BYJU'S had approached the Karnataka High Court seeking a stay on the EGM but the court only gave an interim relief that any resolution passed at the EGM on Friday cannot be implemented before the next court hearing. "It is further submitted that the conditions for convening the Extraordinary General Meeting (EGM) are not complied and no notice is issued as contemplated under Section 100 (3) of the Companies Act 2013," the court order said. It further passed an interim order that "the decision, if any taken by the shareholders of the petitioner company in the EGM scheduled on February 23, 2024, shall not be given effect to, till the next date of hearing," the order said.

WBIDC moves HC challenging arbitration award to TaMo over Singur plant

The West Bengal Industrial Development Corporation (WBIDC) on Monday moved the Calcutta High Court, challenging an arbitration award to Tata Motors Ltd on account of loss of capital in investments made in the abandoned car manufacturing plant at Singur. The court of Justice Mousumi Bhattacharya, before which applications by WBIDC for a stay on the award and an appeal challenging the arbitration award were listed for hearing, released both the matters on Monday. These will be placed before the Chief Justice of the high court for fresh listing before another bench. In its appeal, WBIDC claimed that it had been denied equal opportunity during the hearings before the arbitral tribunal. The corporation said it was not given full opportunity to present its case before the three-member tribunal. Following stiff resistance by the Trinamool Congress, led by then opposition leader Mamata Banerjee, alleging forcible acquisition of farmland, Tata Motors had announced pulling out of the Singur

HC lists hearing for Shibu Soren's appeal in Lokpal matter on Tuesday

The Delhi High Court on Monday listed for hearing on February 20 the appeal by Jharkhand Mukti Morcha chief Sibu Soren against an order refusing to interfere with the proceedings initiated against him by the Lokpal on the basis of a complaint by BJP MP Nishikant Dubey. On January 22, a single judge of the high court had rejected the former Jharkhand chief minister's petition against the Lokpal proceedings and the complaint. A bench of Justices Rekha Palli and Sudhir Kumar Jain listed the appeal for hearing on February 20 after the senior counsel for the petitioner was stated to be appearing before another court when the matter was called and a request was made to take up the case after some time. "Taking into account that the regular bench is not sitting today, list tomorrow," the bench said. Subsequently, senior advocate Kapil Sibal appeared before the bench on behalf of Soren and said the complaint is also listed before the Lokpal on Tuesday "It (appeal) will come in the ...

Madras High Court issues set of directions on setting up of fuel outlets

The Madras High Court has directed the Petroleum and Explosive Safety Organisation (PESO) to conduct due enquiry while granting prior site approval and satisfy themselves that the site, where fuel outlets are to be located, satisfy all the criteria mentioned under relevant rules. According to PESO, formerly known as Department of Explosives, it is the nodal agency for regulating safety of hazardous substances such as explosives, compressed gas and petroleum. The first bench comprising Chief Justice S V Gangapurwala and Justice D Bharatha Chakravarthy gave the directive in a recent order while disposing of a Public Interest Litigation filed by advocate VBR Menon, which among other things sought a direction to the authorities to formulate and notify, within a prescribed time limit, appropriate site inspection and verification procedures for adherence while issuing prior site approvals and final explosive licences in Form No.XIV to the Petroleum Retail Outlets. The bench said for ...

Allahabad HC reserves order on plea against puja in Gyanvapi mosque cellar

The Allahabad High Court on Thursday reserved its order on a plea challenging the Varanasi district court's decision to allow Hindu prayers in a cellar of the Gyanvapi mosque. Justice Rohit Ranjan Agrawal heard the appeal filed by the Anjuman Intezamia Masjid committee, which looks after the affairs of the mosque adjacent to the Kashi Vishwanath temple in Varanasi, and reserved its order, committee's lawyer S F A Naqvi said. "The hearing of the matter is complete and the court has reserved its order," Naqvi added. The Anjuman Intezamia Masjid committee moved the high court on February 2 within hours of the Supreme Court refusing to hear its plea against the Varanasi district court order and asking it to approach the high court. The Varanasi district court had ruled on January 31 that a priest can perform prayers before the idols in the southern cellar of the Gyanvapi mosque.

ADIF moves Delhi HC against 'inaction of CCI' to decide Google case

ADIF told court that 'there will be a cascading effect of harm to the market and the market will not be able to recoup the competitive loss at the hands of Google if CCI does not decide on its plea

HC adjourns hearing on plea against order allowing puja in Gyanvapi mosque

The Allahabad High Court on Monday adjourned till February 15 the hearing on a plea challenging the Varanasi district court order allowing Hindu prayers in a cellar of the Gyanvapi mosque in Varanasi. Justice Rohit Ranjan Agrawal passed the order on the appeal filed by the Anjuman Intezamia Masjid committee, which looks after the affairs of the mosque adjacent to the Kashi Vishwanath temple. After hearing the counsels for the Muslim side -- Punit Gupta and SFA Naqvi -- at length, Justice Agrawal fixed February 15 as the date for further hearing in the matter on Naqvi's request. Appearing on behalf of the mosque committee, SFA Naqvi submitted before the court that what right the plaintiff (Vyas) has in the disputed property is not decided yet and therefore without ascertaining the right of the plaintiff, the order to permit puja in the cellar is illegal. The Muslim side also filed certified copies of court orders which were not filed earlier, which were taken on record. The Hindu s

Jharkhand High Court to hear Hemant Soren's plea against ED on Feb 27

The Jharkhand High Court on Monday adjourned the hearing on a petition filed by arrested ex-chief minister Hemant Soren against the Enforcement Directorate (ED) till February 27. The court will again hear the plea on that day. It asked the federal agency to file a consolidated affidavit. The high court had on February 5 asked the ED to file its reply on Soren's petition. Soren was arrested by the Enforcement Directorate on January 31 in a money laundering case linked to an alleged land fraud. The JMM leader was on February 2 remanded to ED custody by a special PMLA (the Prevention of Money Laundering Act) court in Ranchi for five days. The court had on February 7 extended the ED remand of the former chief minister by five days.

If judges can go to National Judicial Academy, why not lawyers: SC

If judges can go to the National Judicial Academy for training, why not lawyers, the Supreme Court said on Friday while asserting that all advocates should undergo compulsory training and they should not be allowed to practise unless they have a certificate from a recognised law university. The remark was made by a bench of Justices Bela M Trivedi and Pankaj Mithal while hearing the bail plea of Souvik Bhattacharya, son of Trinamool Congress (TMC) MLA Manik Bhattacharya, arrested in connection with the West Bengal teachers' recruitment "scam". Appearing in the court on behalf of Bhattacharya, senior advocate Sidharth Luthra submitted that a bail application was filed by one of the lawyers in the trial court despite the absence of a summoning order. "Why don't you have a law academy for lawyers? We have for judges. No action is being taken against erring lawyers by the Bar Council. They should be educated properly. Do something. There must be compulsory training for every lawyer, ...

Uttarakhand mosque, madrasa demolition: Understanding Nazul & Waqf lands

Nazul land belongs to the state, Waqf land constitutes properties permanently dedicated for religious purposes under Muslim law

Justice Chakradhari Sharan Singh sworn in as new chief justice of Orissa HC

Justice Chakradhari Sharan Singh on Wednesday took oath as the 33rd chief justice of Orissa High Court. Governor Raghubar Das administered the oath of office to the new chief justice in a swearing-in ceremony held on Orissa High Court premises here. Born on January 20, 1963, Justice Singh was enrolled as an advocate in 1990 after completing a law degree from the University of Delhi (Campus Law Centre). He was appointed as additional standing counsel in the central government in 1998 and continued as such till October 2001, official sources said. Singh also served as additional advocate general in Bihar and continued as such till his elevation as an additional judge, Patna High Court, in April 2012, they said. He assumed charge as acting chief justice of Patna High Court in February 2023. Last week, President Droupadi Murmu appointed him as the chief justice of Orissa High Court after consultations with the Chief Justice of India, they added.

Arrest of Chanda Kochhar, husband in ICICI-Videocon loan case illegal: HC

The Bombay High Court on Tuesday held as "illegal" the arrest of ICICI Bank's former Managing Director and Chief Executive Officer (CEO) Chanda Kochhar and her businessman-husband Deepak Kochhar by the Central Bureau of Investigation (CBI) in an alleged loan fraud case. A division bench of Justices Anuja Prabhudessai and N R Borkar confirmed a January 2023 interim order passed by another bench granting the duo bail soon after their arrest in the case. The couple was arrested by the CBI on December 23, 2022, in connection with the Videocon-ICICI Bank loan case. They immediately moved the HC challenging their arrest and sought it to be declared as illegal. By way of an interim order, they also sought to be released on bail. On January 9, 2023, the HC, in its interim order, granted bail to the duo after coming down heavily on the CBI for making the arrest in a "casual and mechanical" manner and without application of mind. On Tuesday, the bench led by Justice Prabhudessai allowed the

Just 6 CT scan machines in Delhi govt hospitals for 30 mn people, HC notes

Delhi High Court on Monday expressed anguish that there are only six CT scan machines in all Delhi government hospitals for three crore citizens and stressed the need to ramp up infrastructure and fill vacancies in the health sector. The high court pointed out that people are losing lives because they are not being attended to at government hospitals due to a shortage of facilities and staff. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora noted that Health Minister Saurabh Bharadwaj, in a status report, has admitted that there are a lot of shortcomings, including shortage of doctors, paramedics and medicines, and also given his suggestions. Bharadwaj, who inspected several government hospitals, claimed that whenever he convened meetings with hospital staff, Delhi Health Secretary SB Deepak Kumar remained absent. However, Kumar, who was present in the court, denied the allegations and said he attended all the meetings. "I have accompanied the minister in vari

ED moves Jharkhand HC over FIR filed by Hemant Soren under SC/ST Act

Hemant Soren was arrested by the ED on Wednesday evening after seven hours of grilling in an alleged money laundering case