Page 20 - High Court

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 ...

SC rejects plea against HC order dismissing PIL on Krishna Janmabhoomi

The Supreme Court on Friday rejected a plea challenging an Allahabad High Court order dismissing a PIL seeking a direction to the Uttar Pradesh government to acquire the Krishna Jahmabhoomi Janmasthan at Mathura and hand it over to the Hindus for worshipping Lord Krishna. "The issue is already pending before the high court. Lets not have multiplicity of litigation," a bench of Justices Sanjiv Khanna and Dipankar Datta said while dismissing the appeal against the October 11, 2023 order of the high court. Petitioner Mahek Maheshwari's counsel said the high court has dismissed the PIL on the ground that suits are pending. The bench said the petitioner had filed a PIL and that is why it was dismissed by the high court. "We are not inclined to interfere with the impugned judgement and hence the SLP is dismissed. We clarify that the dismissal of the SLP does not comment on the right of parties to challenge the vires of any enactment or prevents or bars any party from challenging the vire

Uttarakhand HC questions state govt on delay in announcing municipal polls

The Uttarakhand High Court has sought a reply from the state government as to why the schedule of municipal polls has not yet been announced despite the tenure of municipalities having come to an end on December 2. A division bench of the high court comprising Acting Chief Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma on Wednesday asked the urban development secretary to appear before the court to give a reply on January 9. The order came on a PIL filed by a Jaspur resident, Anees, saying that the tenure of municipalities of the state ended on December 2. However, the state government has not yet made an announcement for polls. The Supreme Court has laid down the rule that the election schedule should be declared six months before the end of the five-year tenure of municipalities. This would ensure that the new board can be formed within the stipulated time. But the government has not yet announced the election schedule.

U'khand HC seeks reply from SIDCUL on allotment of green belt land to firms

The Uttarakhand High Court on Wednesday sought a reply from SIDCUL on allotment of green belt land in SIDCUL Haridwar to companies. Hearing a PIL that contended that provisions of environment impact assessment 2006 were not followed by SIDCUL in the allotments, Acting Chief Justice of the High Court Manoj Kumar Tiwari and Justice Vivek Bharti Sharma asked SIDCUL to submit its reply on it within a week. The next hearing in the case has been fixed for January 9. In the Environment Impact Assessment, a provision of green belt has been made on the land allotted to the State Industrial Development Corporation of Uttarakhand Ltd (SIDCUL) to protect the environment. It was claimed in the PIL that the land has been allotted to industrial companies by SIDCUL, Haridwar without following the provisions of Environment Impact Assessment.

HC grants time to Vivo officials to respond to ED plea against release

The Delhi High Court on Wednesday granted three vivo-India executives one week to file their reply to a plea by the Enforcement Directorate challenging an order for their release in a money laundering case. While Additional Solicitor General S V Raju argued that the trial court order was "totally perverse" and the matter required urgent adjudication, the counsel for the accused sought time to file their response. Justice Swarana Kanta Sharma listed the matter for further hearing on January 11 and said, "They will need to file a reply. I can't deny them". "The court grants time of one week to respondents to file a reply," the court ordered. ASG Raju argued one of the respondents, a Chinese natonal, was a flight risk. The counsel for the accused said they have already surrendered their passports. Justice Sharma also indicated she would, when she passes a written order, direct the accused to appear before the ED on Fridays and Mondays. On Tuesday, a vacation bench of Justice Tushar

CBI, ED file reports to Calcutta HC on probe into primary school jobs scam

The CBI on Tuesday filed a report in sealed cover before the Calcutta High Court in its probe into alleged primary school jobs scam, stating that the stages involved in it show how corruption was converted into a form of art. The Enforcement Directorate (ED) also filed a separate report in sealed cover on its progress in the proceeds of crime in connection with the alleged scam. Submitting a report on the alleged irregularities in the recruitment of the West Bengal Board of Primary Education before the court, the CBI counsel stated that the stages involved in it showed how corruption was converted into a form of art. ED counsel Dhiraj Trivedi submitted that the central agency has attached eight properties valued at Rs 7.5 crore of Leaps and Bounds, a private company, apprehending that these are proceeds of crime. The ED had earlier stated that Trinamool Congress MP Abhishek Banerjee is the CEO of Leaps and Bounds and had also been one of its directors for a limited period. Taking

From Article 370 to demonetisation, key judgements delivered in 2023

Year ender 2023: From Jammu and Kashmir's special status to same-sex marriage refusal, here are key rulings of 2023

HC directs Punjab DGP to register 2 FIRs in gangster Bishnoi interview case

The Punjab and Haryana High Court has directed the Punjab police chief to immediately register two FIRs in connection with gangster Lawrence Bishnoi's two interviews aired by a private news channel in March. A division bench of justices Anupinder Singh Grewal and Kirti Singh also asked the Punjab Police special investigation team headed by Prabodh Kumar, Director General, Human Rights Commission, to carry out investigations in the FIRs. The other members of the SIT are IPS officers S Rahul and Nilambari Vijay Jagadale. In its Friday order which was released on Saturday, the high court also said the head of the SIT would be at liberty to seek assistance of any other officer or of any other kind after making such a request to the director general of police. The SIT has been asked to conclude the investigation expeditiously and file a status report before this court within a period of two months, according to the order. The division bench passed these directions while hearing a suo m

HC asks Centre to consider representation for linking property with Aadhaar

The Delhi High Court Thursday asked the Centre to consider as representation a plea seeking linking of immovable and movable property documents of citizens with their Aadhaar numbers to curb corruption, black money generation, and 'benami' transactions. A bench of justices Rajiv Shakdher and Girish Kathpalia said these are policy decisions and courts cannot ask the government to do this. It said the representation shall be decided by the government within three months. "How the courts can get into all this. These are policy decisions, how the courts can tell them to do this. Prima facie, what I don't understand is that these are the areas we don't have the complete picture or data, what are the various aspects that may emerge... Best is to let them treat it as a representation and let them decide," Justice Shakdher said. The court was hearing a petition by lawyer Ashwini Kumar Upadhyay, who said it is the duty of the state to take appropriate steps to curb corruption and seize ...