Page 19 - High Court

Defamation plea filed by ex-business partners not maintainable: Dhoni to HC

Former Team India cricket captain Mahendra Singh Dhoni on Monday submitted before the Delhi High Court that a defamation plea filed against him by his two ex-business partners was not maintainable. The high court refused to pass any interim order, at this stage, against Dhoni and several media houses and social media platforms to injunct them from posting or publishing any alleged false defamatory content against the plaintiffs on any platform which could tarnish their goodwill and reputation. Plaintiffs and former business partners Mihir Diwakar and his wife Soumya Das have approached the high court seeking a permanent injunction and damages against Dhoni, several social media platforms and media houses and thereby restraining them from making, publishing, circulating per se defamatory, ex facie false and malicious statements against them. Dhoni's counsel appeared before the court and submitted that the plaint against him was not maintainable and he has just filed a case against th

Instances when Supreme Court held special sittings on non-working days

The Supreme Court on Saturday held a special sitting after taking suo moto cognisance of an order passed by a single bench of the Calcutta High Court that termed as "illegal" a division bench order in a case of alleged irregularities in admission of MBBS students in West Bengal's state-run medical colleges and hospitals. A five-judge bench comprising Chief Justice of India D Y Chandrachud and justices Sanjiv Khanna, B R Gavai, Surya Kant and Aniruddha Bose stayed all proceedings before the Calcutta High Court in the matter and issued notice to the West Bengal government and the original petitioner in the case. This is one of the many instances when the apex court has held a special sitting on a non-working day. The past few years have witnessed the top court constituting special benches to hear during the weekend cases dealing with matters of personal liberty, political crisis in states and pollution in the national capital, among other things. On July 1 last year, the Supreme Cour

WBBSE to decide on representation for Class 10 exams timing change today

The Calcutta High Court on Wednesday directed the West Bengal Board of Secondary Education (WBBSE) to decide on a representation seeking cancellation of a change in the timing of the class 10 examination announced by it. The bench of Justice Biswajit Basu also asked the WBBSE to inform it about the decision on Thursday, when the matter will be heard again. The timing of the class 10 examinations of the West Bengal board, which will be held in February, was advanced by two hours, but no reason was cited. After the revision, the exams will begin at 9.45 am instead of the usual 11.45 am. A teacher moved the court challenging a January 18 notification of the board rescheduling the time of commencement of the examination from 11.45 am to 9.45 am, claiming that it will inconvenience lakhs of students who will be appearing for the examinations at numerous centres across the state. The petitioner submitted that with the examination scheduled to begin from February 2, such advancement of ..

Gyanvapi mosque row: HC judge recuses from hearing plea against court order

Allahabad High Court judge Justice Manish Kumar Nigam on Wednesday recused himself from hearing a plea challenging the Varanasi district court's refusal to direct the Archaeological Survey of India (ASI) to undertake a survey of the 'wazukhana' area except the 'Shivling' inside the Gyanvapi mosque complex. The court said the matter be placed before the court of chief justice for nomination of another judge and fixed January 31 as the next date of hearing. The revision petition was filed by Rakhi Singh, who is one of the plaintiffs in the Shringar Gauri worshipping suit which is presently pending before the Varanasi district court. In her application before the Varanasi court, which was rejected on October 21, 2023, the primary contention raised by Singh was that the survey of the wazukhana, excluding the 'Shivling' is necessary to ascertain the religious character of the property in question. However, while rejecting her application, the district judge had observed in his order tha

Soumya Vishwanathan case: HC asks police to respond to convicts appeals

The Delhi High Court on Tuesday asked the police to respond to appeals filed by four convicts in the case of murder of journalist Soumya Vishwanathan challenging their conviction and life sentence. A bench of Justices Suresh Kumar Kait and Manoj Jain issued notice to the police on the appeals by Ravi Kapoor, Amit Shukla, Baljit Singh Malik and Ajay Kumar. The high court also asked the authorities to file reply to the convicts' interim application seeking suspension of their sentence. It listed the application for hearing on February 12. Soumya was shot dead on September 30, 2008 while she was returning home in her car from office. The police had claimed robbery as the motive behind the killing of Soumya.

Act in accordance with law, not on oral instruction: SC to TN officials

Here's a lowdown on the important cases heard in the Supreme Court and the Delhi High Court today

Pakistan's top poll body to challenge HC's remarks on poll symbol case

Pakistan's top election body has decided to file an application in the Lahore High Court seeking to expunge the court's remarks against it in the verdict in connection with the election symbol case, a media report said on Saturday. Pakistan is to hold general elections on February 8. A five-member bench of the Election Commission of Pakistan (ECP) issued the order after conducting a hearing (on the matter) and reviewing the Lahore High Court (LHC) order of January 17, The News International newspaper reported. Calling it as an unusual move, the newspaper said, The ECP has decided to file a civil miscellaneous application in the LHC to expunge the court's remarks against the commission in the verdict on the election symbol case. Earlier, the Bahawalpur bench of the LHC, in response to writ petitions seeking a change of poll symbols, had criticised the election commission and a returning officer for violating the law and not performing their duties accordingly. The court had issued

HC sends summons to TATA SIA Airlines on minor's plea for Rs 2.5 cr damages

The Delhi High Court has issued summons to TATA SIA Airlines, which operates Vistara, on a plea by a minor and her parents seeking more than Rs 2.5 crore damages for bodily injuries the child suffered after a hot beverage was allegedly spilled on her by a flight attendant. Justice Anup Jairam Bhambhani said summons be sent to the defendant, TATA SIA Airlines Ltd, which is a joint venture between Tata Sons and Singapore Airlines, by all permissible modes and it shall file a written statement along with an affidavit of admission or denial of the documents filed by the plaintiffs within 30 days. "Upon a prima facie conspectus of the matter, let the plaint be registered as a suit. Issue summons in the suit," the court said. It listed the plea for March 6 for hearing the interim application in which the plaintiffs have sought a direction to the airline to remove the official statement relating to the incident and to restrain it from publishing any defamatory contents against them or ...

SC collegium recommends K'taka HC CJ Varale's elevation as top court judge

The Supreme Court collegium headed by Chief Justice D Y Chandrachud on Friday recommended the elevation of Karnataka High Court Chief Justice Prasanna B Varale as a top court judge. In a meeting held on Friday, the collegium, also comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Aniruddha Bose, took into consideration the fact that he is among the senior-most High Court judges and is the only HC chief justice from the Scheduled Caste. "We are also conscious of the fact that at present, there are three Judges from the High Court of Bombay on the Bench of the Supreme Court. The Collegium, therefore, unanimously resolves to recommend that Mr Justice Prasanna B Varale be appointed as a Judge of the Supreme Court of India," the collegium said. The collegium took note of the vacancy that arose on the retirement of Justice Sanjay Kishan Kaul on December 25, 2023. "Bearing in mind that the workload of judges has increased considerably, it has become necessary to ensure that the

Unmarried daughters have right to get maintenance from parents: HC

The Allahabad High Court has ruled that an unmarried daughter, irrespective of her religion or age, has the right to obtain maintenance from their parents under the Domestic Violence Act. The high court made the observation while dismissing a petition filed by Naimullah Sheikh and another under the Protection of Women from Domestic Violence Act, 2005. The parents of three daughters had challenged a lower court's order grating maintenance to them. "There remains no doubt that an unmarried daughter, whether Hindu or Muslim, has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts have to look for other laws applicable when the question pertains to the right to be maintained. However, where the issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the domestic violence act itself," Justice Jyotsna Sharma observed. The three daughters had filed a case in a court claiming maintenanc

HC notice to Centre, Karnataka govt on madrasa inside ASI protected mosque

The High Court of Karnataka has ordered issuance of notices to the state and central governments on a PIL petition alleging that a Madrasa was being illegally run in the premises of an Archaeological Survey of India (ASI) protected mosque in Srirangapatna in Mandya district. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit heard the petition by Abishek Gowda on Wednesday and issued notices to the respondents to file their objections and adjourned the hearing. The petitioner alleged that the Madrasa inside the Juma Masjid in Srirangapatna had damaged the original structure with the construction of structural alterations, demolition of compound, construction of toilets, destruction of ancient carvings besides cooking and consumption of food daily. "All the above acts are totally illegal and a violation of Section 7, Rule 7 & 8 of the Ancient Monuments and Archeological Sites and Remains Act and Rules," he claimed. The petitioner further submitted that .

Karnataka HC: Xiaomi files appeal against ED's seizure of Rs 5,551.27 cr

A division bench of the High Court of Karnataka on Friday heard an appeal filed by smartphone maker Xiaomi challenging a single-judge order which had upheld the Enforcement Directorate's seizure of Rs 5,551.27 crore from its bank accounts. The bench of Chief Justice Prasanna B Varale and Justice M G S Kamal heard the arguments submitted by the counsel for the company before adjourning the hearing to January 20. The Court specified that there would be no further extensions and both the company's counsel and the government advocate were expected to complete their arguments on that date. The counsel for the company argued that the seizure was unnecessary and under Section 37A of FEMA even the necessity of suspicion is not required. Even the qualification of the "authorised officer" to take action was not prescribed. The court was told that Section 37A "seems to be clearly draconian", as for 30 days after the seizure the company has to only wait for the authority to decide on it. "Why

Doesn't matter if AMU minority institution, still important nationally: SC

Here's a lowdown on the important cases heard in the Supreme Court and the Delhi High Court today

SC to hear union minister Pramanik's anticipatory bail plea on Friday

The Supreme Court on Thursday agreed to hear on January 12 a plea of union minister of state for home affairs Nisith Pramanik seeking anticipatory bail in an attempt-to-murder case lodged against him in 2018. A bench of Justices Bela M Trivedi and Pankaj Mithal issued notice to the West Bengal government and asked senior advocate PS Patwalia, appearing for Pramanik, to serve the copy of the petition on the counsel for the state. It listed his plea for hearing on Friday. Pramanik has moved the apex court challenging the January 4 order of the Jalpaiguri Circuit Bench of the Calcutta High Court by which it had refused to grant him anticipatory bail in the case. During the brief hearing, Patwalia said, "I am a Member of Parliament. The High Court has refused to grant me protection from arrest. I was earlier with the Trinamool Congress and now I am with BJP. Situation in West Bengal is very volatile, I may be arrested in this case, kindly grant me protection." The bench said his plea

AP HC grants bail to TDP chief Naidu in Inner Ring Road, 2 other cases

The Court also ordered not to mention matters related to the case anywhere in public meetings and media platforms

SC asks high courts to enforce committee to oversee judicial pay commission

All high courts must have a 2-judge committee to oversee orders on pay, pension and other retirement benefits for judicial officers as per the Second National Judicial Pay Commission recommendations

Judicial officer's pay: SC directs HC committees to oversee implementation

Observing that there is a need to maintain uniformity in service conditions of judicial officers across the country, the Supreme Court has directed the constitution of a two-judge committee in each high court for overseeing the implementation of the orders on pay, pension and other retirement benefits for judicial officers as per the Second National Judicial Pay Commission. A bench headed by Chief Justice of India (CJI) DY Chandrachud said Judicial independence, which is necessary to preserve the faith and confidence of common citizens in the rule of law, can be ensured and enhanced only so long as judges are able to lead their life with a sense of financial dignity. "The conditions of service while a judge is in service must ensure a dignified existence. The post-retirement conditions of service have a crucial bearing on the dignity and independence of the office of a judge and how it is perceived by society. If the service of the judiciary is to be a viable career option so as to .

Quality control necessary for country to compete with world: Karnataka HC

The High Court of Karnataka has rejected a petition that sought its interference in the quality checks on plastics imported to India. As per a notification issued by the Government of India, quality control has been imposed on plastic imported into the shores of the country effective from January 5, 2024. Calling it a necessary step for quality control, the HC in its judgement said, "If the quality emerges right from the word go, till the finished product, under the 'Make in India' programme, it is only then that the country would be able to compete with others. A step towards that will not be interfered with by this Court except, that if the step towards that, depicts palpable and demonstrable arbitrariness, which is neither pleaded nor present." The All India HDPE/PP Woven Fabric Manufacturers' Association had filed the petition before the HC which was heard by Justice M Nagaprasanna. In its judgement on January 8, the Court noted that "Except contending cartelisation and nexus,

SC recommends names of judicial officer, two advocates as MP HC judges

The Supreme Court collegium headed by Chief Justice DY Chandrachud on Tuesday recommended the name of judicial officer Ramkumar Choubey for appointment as Judge of the Madhya Pradesh High Court. The collegium, also comprising Justices Sanjiv Khanna and B R Gavai, recommended the names of advocates Deepak Khot and Pavan Kumar Dwivedi for appointment as Judges of the High Court of Madhya Pradesh. On the name of judicial officer Ramkumar Choubey, the collegium said it has scrutinised and evaluated the material placed on record. "The enquiries made by us with reliable sources to ascertain suitability of the candidate reveal that Shri Ramkumar Choubey is a competent officer suitable for elevation to the High Court. His service record shows that he has mostly been rated as a 'Very Good/Excellent officer'. "The Judgment Evaluation Committee constituted by the Chief Justice of the High Court has graded the quality of judgments authored by him as "Good/Excellent". Both the consultee-Judges

Karnataka HC bans mining around KRS dam, till safety survey completion

Expressing concern over the mining blasts affecting the Krishna Raja Sagara (KRS) dam in Srirangapatna, Mandya, the High Court of Karnataka on Monday imposed a ban on mining and blasting activities within a 20-km radius of the structure. The ban issued on Monday will be in force till the Central Institute of Mining and Fuel Research, Dhanbad, conducts a dam safety survey. However, the HC has not fixed any deadline for the study to be undertaken under the Dam Safety Act, 2022. The HC had earlier made the State Committee on Dam Safety (SCDS) a party to the petition. The division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit were hearing a petition filed by one CG Kumar who had challenged the deputy commissioner's order that conversion of land for stone quarrying would be granted only after a trial blast was conducted by the Cauvery Neeravari Nigama Limited. Kumar had challenged this condition as being illegal. The petition was however converted to a public ...