Page 22 - High Court

CM's signature not enough to appoint lower cadre officer to higher post: HC

The High Court of Karnataka has said that a transfer order bearing the signature of the Chief Minister does not become licit, till there is a reasoning recorded to post a lower cadre officer to a higher post. We are constrained to opine that, even though such transfer orders bear the chief ministers signature on it, but such orders cannot be said to be a licit order as we find absence of reasons to enlighten the Chief Minister as to non-availability of eligible persons to be posted to said post and as to why a person of a lower cadre is posted to the said encadred place, it said. A bench of Justices K Somashekar and Rajesh Rai K said this in their recent judgement on a petition filed by Karnataka Administrative Service (Senior Scale) officer Dr Prajna Ammembala. Ammembala had challenged a Karnataka State Administrative Tribunal order of August 2, 2023, allowing an application filed by Patharaju V, Additional Director of Department of Food and Civil Supplies and set aside the transfe

No concept of gated community; roads not exclusive to residents: K'taka HC

Landowners or developers of a layout will not have any right over roads and other services once they relinquish control over it to the civic bodies, the Karnataka High Court said, upholding a judgement of a single judge bench. The Upkar Residences had filed a petition before the single judge bench against Pabba Reddy Kodandarami Reddy of Sree Lakshmi Venkateshwara Towers, Outer Ring Road, Bellandur seeking right of ingress and egress of the public in the approved layout. Reddy had contended that it was a gated community and the roads were meant for exclusive use of the residents. The single judge bench in its order passed on November 29, 2022 held that there was no concept of gated community and Reddy cannot interdict the use of roads by the public. Reddy had challenged this by way of an appeal which was heard by a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit. Dismissing the appeal, the division bench said, We decline indulgence in the matter being

Tribunal under Gauhati HC judge to decide ban on Meitei extremist groups

The MHA on November 13 declared several Meitei extremist organisations, their factions, wings and front organisations as unlawful associations under Unlawful Activities (Prevention) Act for 5 years

Karnataka HC overturns wife's RTI request to access husband's Aadhaar info

'Marriage does not eclipse the right to privacy which is the right of an individual and the autonomy of such individual's right stands recognised and protected,' stated the Court

Seek HC help in 100% evacuation clause: DDA to Signature View residents

The residents of the Signature View Apartments, up for demolition in north Delhi, can approach the high court for a hearing on the vacation clause since the matter now is sub judice, the DDA told the building RWA on Thursday. The apartment complex in Mukherjee Nagar, built in 2007-09 with 336 MIG and HIG flats, has some construction issues and is up for demolition by the Delhi Development Authority. The DDA had earlier offered to pay the residents rent only if all 336 flats are vacated. The RWA challenged the condition citing its inability to get all 336 flat owners to handover their keys at once, and requested the authority to bring down the 100 per cent vacation clause to 75 per cent, in the hope that the rest will follow the suit soon. But since the residents of nine apartments have moved the Delhi High Court and got a stay order on further action by the DDA, the matter now lies with the court, the DDA says. The RWA President said the meeting was held because the DDA was eager t

HC questions order issued by GST authorities to cancel firm's registration

GST authorities had rejected application by a company for changing its main place of business

Pension is a basic entitlement and its payment cannot be denied: HC

Pension is a basic entitlement and retired employees cannot be deprived of this payment, which is a very source of livelihood for them, the Bombay High Court has said, rapping the Maharashtra government for withholding the dues of a man for more than two years after his retirement. A division bench of Justices G S Kulkarni and Jitendra Jain on November 21 said such a state of affairs was totally unconscionable. The HC was hearing a petition filed by one Jayram More, who used to work as a 'hamal' (coolie) with the Savitribai Phule Pune University since 1983, seeking a direction to the Maharashtra government to release his pension amount. The high court noted that More had rendered a meritorious and unblemished service but still on untenable and technical grounds for a period of two years from his retirement (May 2021), he was not paid pension. More in his plea claimed that the pension was not being paid despite submission of all necessary documents by the University to the concerned

Stray dog bite: Punjab, Haryana HC rules Rs 10,000/tooth mark compensation

The court held the state' primarily responsible' for paying compensation to people in incidents involving stray animals

Set up special bench to monitor criminal cases against MP, MLAs: SC to HCs

In a significant verdict, the Supreme Court Thursday directed all high courts to set up a special bench and register a suo motu case to monitor criminal matters pending against MPs and MLAs to ensure their early disposal. A bench headed by Chief Justice D Y Chandrachud issued a slew of directions to high courts and trial courts on a PIL filed by Ashwini Upadhyay seeking early disposal of pending criminal cases against lawmakers. The top court said it would be difficult for it to give uniform guidelines for trial courts for speedy disposal of cases against lawmakers. The judgement said the high courts will be setting up a special bench, presided over either by the chief justice, or by a bench designated by the chief justice, to monitor criminal trials against the lawmakers. The high courts may call upon special lower courts for reports on status of trials against the lawmakers in criminal cases, it said. "The trial courts shall not adjourn hearing of the cases against the Member of

Chit fund case: Jharkhand gets time from HC to challenge order in SC

The High Court of Jharkhand has granted time to the state government to challenge its order in the Supreme Court in connection with a case related to the return of money to investors by chit fund companies. A PIL was filed by the Non Banking Abhikarta Ewam Niweshak Suraksha Samiti through its president Javed Akhtar to seek a direction from the High Court to ensure the return of funds. A bench of Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen on September 11 had ordered the government to ensure that a high-level committee headed by a former chief justice of the high court and two other members be appointed and look into the procedure for the return of funds to the investors. The state counsel informed the high court on Wednesday that it intends to challenge the order of the bench on the formation of a committee and return of funds in 45 days. The bench of Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen while accepting the plea of the government adjourned the mat

Manipur HC asks state to lift mobile internet ban in peaceful areas

The Manipur High Court has directed the state government to operationalise mobile towers, on a trial basis, in all those district headquarters which have not been affected by ethnic strife. The ruling by a division bench comprising Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui came after the Manipur government extended the mobile internet ban in the northeastern state till November 8. "The state of Manipur is directed to open and operationalise mobile towers, on a trial basis, in all those district headquarters which have not been affected by violence," the court said while hearing a PIL. The November 6 order also asked the Manipur government to extend the services thereafter to other areas if the law and order situation permits. The court directed the state to upload on its official website copies of all the orders issued in relation to the suspension or curbing of mobile internet data services. The next hearing for compliance of the matter has been schedu

SC collegium recommends 3 HC Chief Justices as Supreme Court judges

The Supreme Court collegium headed by Chief Justice D Y Chandrachud on Monday recommended the names of three high court chief justices as Supreme Court judges. The collegium, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, recommended the names of Delhi High Court Chief Justice Satish Chandra Sharma, Rajasthan High Court Chief Justice Augustine George Masih and Gauhati High Court Chief Justice Sandeep Mehta as top court judges. If cleared by the Centre, the top court will have the full strength of 34 judges. The collegium in its resolution stated that the Supreme Court has a sanctioned strength of 34 judges and is currently functioning with 31 Judges. The Supreme Court has a huge backlog of cases. "In view of the ever-mounting pendency of cases, the workload of judges has increased considerably. Bearing in mind the above, it has become necessary to ensure that the Court has full working judge-strength leaving no vacancy at any point of time. .

Meghalaya HC directs govt, AAI to complete inspection for Shillong Airport

The Meghalaya High Court asked the state government and the Airports Authority of India (AAI) to complete the inspection of Shillong Airport for extending the runway within the next couple of months. A bench comprising Chief Justice Sanjib Banerjee and Justice B Bhattacharjee on Monday while hearing a PIL said AAI has informed that a cost estimate for carrying out the feasibility of extending the runway at the Shillong Airport at Umroi town has been submitted to the state and the state is yet to respond. "It is hoped that the AAI and the state work out the modalities and complete the necessary inspection within the next couple of months," the bench said while directing that the matter will appear after 10 weeks. On October 15, Minister in-charge Transport Sniawbhalang Dhar had informed that the state government is waiting for the feasibility report on whether bigger aircraft can operate from Umroi Airport. "The new consultants have requested us to give them two months (to submit th

1984 riots: Delhi L-G gives nod for filing plea in SC against HC order

Saxena perused the file concerning the proposal to move the SLP which stated that the High Court had not taken into consideration the merits of the case

Manipur HC allows appealing against order on ST status for Meitei community

The Manipur High Court has allowed tribal organisations in the state to file an appeal against the controversial March 27 order which directed the state government to send a recommendation on ST status for the Meitei community. A division bench of Justice Ahanthem Bimol and Justice Guneshwar Sharma in its October 19 order allowed the tribal bodies to appeal against the order, saying, "the main grievances raised by the applicant is that they will be prejudicially affected if they are not given a chance to have a say or to raise objection in the matter of granting ST status to the Meitei community." A single judge bench had passed the controversial order on a petition filed by members of the Meitei Tribes Union, seeking that the state government be directed to act on their pleas for inclusion in the ST list. The March 27 order by then acting Chief Justice MV Muralidharan led to widespread objections from Kuki Zo bodies which was followed by a rally, organised by the All Tribal Student

Delhi excise scam: HC denies bail to Mahendru in money laundering case

The Delhi High Court has denied bail to liquor businessman Sameer Manendru in a money laundering case related to the alleged Delhi excise policy scam, saying his right to healthcare cannot be allowed to overshadow the pressing need to investigate fairly. The high court observed that Mahendru, whose one of the grounds for seeking bail was his bad medical condition, was not suffering from any life threatening condition or sickness or infirmity which involves danger to his life and for which treatment cannot be provided to the applicant in jail. While the applicant's right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed, Justice Swarana Kanta Sharma said. Mahendru was arrested by the Enforcement Directorate on September 28, 2022, in the money laundering case. The high court said the allegations against the businessman were that he was one of t

BCI approaches HC on direction to process S Korean's enrolment as advocate

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

High Court grants interim bail to Former Punjab FM Manpreet Badal

The Punjab and Haryana High Court on Monday granted interim bail to former Punjab finance minister Manpreet Singh Badal in connection with alleged irregularities in the purchase of a property in Bathinda. Badal had moved the high court after a court in Bathinda rejected his anticipatory bail plea on October 4. His counsel Arshdeep Singh Cheema said the bench of Justice Vikas Bahl granted interim bail to Badal, who is now with the BJP. The detailed order is yet to be released. In his anticipatory bail plea, Badal contended that "the FIR is a malafide exercise of power and has been done at the behest of the chief minister who intends to settle his personal scores rather than allowing the state agencies to work independently." The petitioner also submitted, "The present FIR is one of the links in the chain, that the present AAP government in the State of Punjab is trying to fasten around all the person, be it political leaders, people closely associated with them or common person who

Recording conversations without person's knowledge violates privacy rights

The Chhattisgarh High Court has ruled that recording the mobile phone conversation of a person without the latter's knowledge amounts to violation of the right to privacy under Article 21 of the Constitution. The HC was earlier this month hearing a petition moved by a 38-year-old woman challenging a family court's order allowing her husband's application in a maintenance case pending since 2019. The HC observed that the husband recording his wife's phone conversation without her knowledge amounts to violation of her right to privacy and also the petitioner's right guaranteed under Article 21 of the Constitution. The woman had moved an application for grant of maintenance from her 44-year-old husband at the family court in Mahasamund district. The man moved the family court seeking re-examination of his wife on the ground that certain conversation was recorded on the mobile phone and he wanted to cross-examine the petitioner and confront her with the conversation recorded on the ...

Perform community service to restore criminal case: MP HC asks lawyer

Judge Anand Pathak asked a lawyer to visit Mercy Home at Gwalior with some food items and spend one hour with those who have been housed there