Page 24 - High Court

Both parents responsible for child maintenance, not just father: HC

A single judge bench in Uttarakhand High Court observed that in cases of divorce both parents shared responsibility over a child

Delhi HC refuses to entertain PIL against first level checking of EVMs

The Delhi High Court on Friday refused to entertain a public interest litigation challenging the State Election Commission's conduct in relation to the First Level Checking of EVMs and VVPATs ahead of the upcoming general elections. Petitioner Anil Kumar, President of Delhi Pradesh Congress Committee, submitted that sufficient notices were not given for carrying out First Level Checking (FLC) and the political parties thus could not prepare themselves for the process. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula observed that the plea was directed against the State Election Commission when they have nothing to do with it. The officials were working for the Election Commission of India, remarked the court as it asked the petitioner to withdraw the present petition and file a fresh petition. The petitioner prays for withdrawal of the petition with a liberty to file a fresh PIL. The petition is dismissed as withdrawn with the said liberty, the court ...

Railways to prepare fresh proposal for Hubli-Ankola railway line in K'taka

The Karnataka High Court has disposed of a batch of petitions challenging the Hubli (Hubballi)-Ankola railway line project after the Railways submitted that a fresh proposal is being worked out, and work will start only after all necessary permissions are obtained. The public interest litigations (PILs) by Giridhar Kulkarni and others had challenged the project on grounds that it would fragment the tiger habitat in the region. The Deputy Chief Engineer, Construction-1, South Western Railways, Hubballi, filed an affidavit before the court stating that as per directions of the National Board for Wildlife (NBWL), a mitigation plan will be worked out in consultation with the Wildlife Institute of India, Dehradun, and a fresh proposal will be submitted. The affidavit stated that the work on the project shall commence only after getting all the necessary clearances and approvals as required under law. The Bench comprising Chief Justice Prasanna B Varale and Justice M G S Kamal on Thursda

X Corp gets last chance from HC to show takedown order compliance proof

X Corp (formerly Twitter) has been given one more and last opportunity by the Karnataka High Court to submit material to show compliance of the blocking orders issued by the Ministry of Electronics and Information Technology (MeiTY). The counsel for X Corp informed the bench of Chief Justice Prasanna B Varale and Justice M G S Kamal that he was awaiting instructions from the client and sought time for the same. The HC, while adjourning the case to September 15, made it clear that it was the last chance the company was being granted. Today counsel for appellant prays for adjournment on the ground that he is awaiting instruction, accordingly one more and last opportunity is granted. Appeal is adjourned to September 15, the HC recorded. Twitter (later changed to X Corp) had approached the HC against several blocking orders issued by the MeiTY. A single-judge bench had dismissed the petition and imposed a cost of Rs 50 lakh for approaching the court without complying with the Ministry'

Struggling to stay afloat: SpiceJet to HC as it was ordered to pay ex-owner

In a Delhi High Court hearing on Thursday on Maran's case demanding the dues, SpiceJet said it was struggling financially

Maternity benefits integral part of woman's identity and dignity: Delhi HC

Maternity benefits are a fundamental and integral part of the identity and dignity of a woman who chooses to bear a child, the Delhi High Court has said while holding that a contractual female employee is also entitled to relief under the Maternity Benefit Act. Justice Chandra Dhari Singh, in an order released Thursday, said work environment should be conducive enough to facilitate unimpaired decision and ensure that a woman who chooses to have both career and motherhood is not forced to make an "either-or" decision. The Constitution, the judge said, gives a woman the liberty to carry a child as well as the choice to not carry one, and the importance of maternity leave and benefits is recognised worldwide to secure the health and best interest of the mother and the child. "Maternity benefits do not merely arise out of statutory right or contractual relationship between an employer and employee but are a fundamental and integral part of the identity and dignity of a woman who chooses

HC rejects PIL to connect coaching centres with schools, colleges

The Delhi High Court on Wednesday rejected a public interest litigation to connect coaching centres with schools and colleges, terming it as "misconceived". A bench headed by Chief Justice Satish Chandra Sharma said a court cannot direct the government to frame a policy in this regard. This court cannot direct the state government to frame a policy to connect coaching centres with schools and colleges and to partner with them. This court does not find reason to grant the relief prayed in PIL; rather it is a misconceived PIL.The PIL is accordingly dismissed, said the bench, also comprising Justice Sanjeev Narula. The court also observed "coaching is optional and it is not mandatory for each and every student to attend a coaching centre". Delhi government standing counsel Santosh Kumar Tripathi said connecting coaching centres with schools and colleges, as prayed by the petitioner, would create a new exploitative regime. Opposing the petition which also sought publishing of data and

Kerala HC raps state govt over delay in disbursing salaries to KSRTC staff

The Kerala High Court on Monday criticised the state government over delay in disbursing salaries to the state-run corporation KSRTC staff, especially during the ongoing festive season of Onam, and directed it to make provisions for Rs 30 crore before August 24, when it will conduct further hearing on the matter. Justice Devan Ramachandran, in his order, said delay in payments can only lead to "unnecessary strife and controversy" within the ranks of the KSRTC. "It is rather intriguing that the Government is unable to inform this court of any alternative for the KSRTC apart from the monthly assistance being given to them by them; but still delays payment until the end of the month," the order said. Justice Ramachandran said while the entire state was in celebratory mode for Onam, the court "certainly cannot countenance" that the employees of KSRTC, especially its drivers and conductors, are without salary for July, 2023. The court said it failed to understand why the government ...

HC to hear plea against of CAs inclusion in money laundering law on Monday

The Delhi High Court on Monday will hear a petition challenging the inclusion of chartered accountants, company secretaries and cost accountants within the ambit of reporting entities under the anti-money laundering law and fastening of criminal liability on them in case of non-compliance of the legal provisions. The petition by Rajat Mohan, a practising chartered accountant (CA), is listed for hearing before a bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula. The plea said by including CAs and other professionals within the definition of reporting entities under the Prevention of Money Laundering Act (PMLA), onerous obligations have been put on them with consequences of noncompliance leading to criminal prosecution, and it virtually makes such professionals engage in policing their own clients with whom they interact in fiduciary capacity. The Petitioner by way of the present writ petition is challenging the validity of Gazette Notification No. S.O.2036(E) ..

Reckless registration of crime: K'taka HC quashes case against JP Nadda

The High Court of Karnataka has quashed the criminal proceedings in a case registered against BJP president J P Nadda in connection with a speech delivered ahead of the assembly elections in May in Vijayapura district, and called it a reckless registration of crime." A complaint, alleging that Nadda threatened voters at a public meeting by stating that they would lose the benefit of central schemes if the BJP was not voted, was lodged by an election officer at the Harapanahalli police station on May 9 under Section 171F, which is a non-cognizable offence. It was then forwarded to the Magistrate, who granted permission for registration of FIR. Subsequently, Nadda had challenged it before the High Court. Justice M Nagarpasanna who heard the arguments of Nadda's counsel and the government advocate said that the allegations were vague. The allegation is that Code of Conduct has been violated by the petitioner, on speaking at a public gathering on 07-05-2023 by threatening the voters.

3,529 arbitration cases pending in Himachal, HC says 'extremely serious'

The Court observed that the issue is indeed extremely serious and, therefore, required to be deliberated upon by all the stakeholders, more particularly, NHAI and Central Government

What's the harm if person provides caste details for Bihar survey, asks SC

SC also recalled its April 10 verdict by which it had held that duty free shops at arrival and departure terminals at international airports are outside the purview of the customs law

Nitin Desai started delaying repayments from end of 2018: Edelweiss to HC

Senior Edelweiss officials, accused of abetting the suicide of renowned art director Nitin Desai on Friday submitted to the Bombay High Court that he had started delaying on his loan repayment schedules from the end of 2018. Senior counsel Amit Desai, appearing for Edelweiss Financial Services chairman Rashesh Shah, Edelweiss ARC MD and CEO Raj Kumar Bansal and two other company officials, said a total loan of Rs 181 crore was given to Nitin Desai. The senior counsel said there was no mens rea (intention) or instigation on the part of the accused to cause abetment of Nitin Desai's alleged suicide. A division bench of Justices Nitin Sambre and R N Laddha was hearing petitions filed by the officials and Jitender Kothari, who was appointed by the National Company Law Tribunal (NCLT) as an interim resolution professional, seeking for the FIR to be quashed. The petitioners had sought interim order of protection from any coercive action and for the probe to be stayed in the case pending

Selection for int'l events responsibility of sports federations: IOA to HC

The Indian Olympic Association (IOA) on Wednesday told the Punjab and Haryana High Court that the selection of sportspersons for participation in major international events is the responsibility of national sports federations. The IOA was responding to a petition filed by three boxers over they not being selected for the upcoming Asian Games in China's Hangzhou. Pugilists Amit Panghal, a World Boxing Championship silver medallist, Rohit Mor and Sagar Ahlawat had moved the high court last month against the Boxing Federation of India (BFI) and others after they were left out of the Indian squad for the Asian Games to be held from September 23 to October 8. They had petitioned against the BFI's evaluation process for the selection of the Asian Games squad. The petitioners had alleged that the BFI had changed the selection criteria for national coaching camps, world championships and Asian Games in violation of the National Sports Development Code of India (NSCI)-2011. The petitioners

Bihar caste survey: SC defers hearing for Aug 18 on plea against HC order

The Supreme Court on Monday deferred for August 18 hearing on a plea challenging the Patna High Court's August 1 order giving the go-ahead for a caste survey in Bihar. A bench of Justices Sanjiv Khanna and SVN Bhatti listed the plea filed by NGO 'Ek Soch Ek Paryas' on August 18 along with other pleas filed challenging the same order of the high court. A counsel appearing for the petitioner challenging the high court order said that on the day of the high court order on August 1, the state government had late night issued a notification to complete the caste-based survey within three days. The bench said it will consider everything on August 18 and by that time the judges will also go through the high court verdict. Senior advocate Mukul Rohatgi, also appearing for the petitioners challenging the high court order, said the direction may be issued to the state to not publish the details of the survey till the pendency of pleas before the court. Justice Khanna said that it will amoun

Manipur HC asks govt to find ways to restore internet services in state

The Manipur High Court has asked the state government to find ways to provide mobile internet services to people. The court was hearing a batch of pleas filed by various parties seeking restoration of mobile internet services which were blocked after violence broke out in the state on May 3. A bench of Justice Ahanthem Bimol Singh and Justice A Guneshwar Sharma on Friday directed, "...state authorities, specially, the home department should consider for devising mechanism/methods for providing internet services through mobile phones by whitelisting the mobile numbers on case to case basis and in a phase-wise manner. It also added, Accordingly, the state authorities are directed to consider this aspect and to submit a report on the next date." During the hearing, the state's counsel submitted that the Manipur government had, earlier, issued necessary orders lifting the ban on providing internet through broadband services (ILL & FTTH) in a liberalised manner. The counsel said this .

Nitin Desai's death: No relief to Edelweiss officials, hearing on Aug 18

The Bombay High Court on Friday refused to pass any order granting urgent interim reliefs to Edelweiss company officials, accused of abetting the suicide of renowned film art director Nitin Desai, and said it would hear their pleas against the FIR on August 18. A division bench of Justices N W Sambre and R N Laddha also issued a notice to Desai's wife, who is the complainant in the case. Senior counsel Amit Desai, appearing for Edelweiss Financial Services Chairman Rashesh Shah, Edelweiss Asset Reconstruction Company's MD and CEO Raj Kumar Bansal and two other company officials urged the court to grant them interim protection from any coercive action and also sought quashing of the first information report (FIR) registered against them. Public prosecutor Aruna Kamat Pai told the court that the FIR in the case was registered only last week and that the probe in the case was still on. The bench then said it would hear the petitions on August 18. "Wait for a week. We will hear the ..

Excise scam: HC grants bail to Raghav Magunta in money laundering case

The Delhi High Court has granted bail to Raghav Magunta, son of YSR Congress Party MP, in connection with a money laundering case related to the alleged excise scam. Justice Dinesh Kumar Sharma, who had earlier granted interim bail to the son of MP Magunta Srinivasulu Reddy, recorded that the relief was granted as the Enforcement Directorate did not oppose his bail plea. The ED, in its reply, submitted that since the accused is cooperating in the investigation and assisting in tracing the Proceeds of Crime, which would have been otherwise difficult, he may be granted bail. In view of the statement made and the facts narrated herein above, the interim bail granted vide order dated 18.07.2023 for four weeks on medical grounds is made absolute, said the court in an order dated August 10. Let the petitioner be released on regular bail furnishing a personal bond of Rs. 2,00,000 with two sureties of like amount to the satisfaction of the learned trial court , the court said. The court a

HC admits Mukhtar Ansari's appeal against life term awarded by lower court

The Allahabad High Court has admitted mafia-turned-politician Mukhtar Ansari's appeal against life term awarded to him by the Varanasi sessions court in the 1991 Awadhesh Rai murder case. A division bench comprising Justice K J Thaker and Justice U C Sharma summoned the lower court record and fixed September 13 as the next date of hearing. In the court proceedings on last Thursday, Mukhtar Ansari's counsel Upendra Upadhya had pleaded on his behalf but the state counsel opposed his appeal. Ansari was on June 5 awarded life imprisonment by the court of special judge (MP-MLA) for the murder of Awadhesh Rai in Varanasi in 1991. The court also slapped a penalty of Rs 1.20 lakh on him. This was Ansari's fifth conviction since September 21, 2022, and the biggest so far in terms of quantum of the sentence. Mukhtar had appeared before the court from the Banda jail through video-conferencing.

Karnataka High Court stays order imposing Rs 50 lakh fine on X Corp

A division bench of the High Court of Karnataka on Thursday stayed a single judge bench order that had imposed a cost of Rs 50 lakh on X Corp (formerly Twitter) for not complying with IT Ministry orders -- subject to the company depositing 50 per cent of the amount (Rs 25 lakh) within one week. The deposit is for X Corp to show its bonafides, the court said. The order of the single judge who had directed X Corp to deposit Rs 50 lakh by August 14 will be stayed till the next date of hearing. As such, on deposit of Rs 25 lakh, the order of the single judge bench is stayed until the next hearing date, the HC said. The division bench comprising Chief Justice Prasanna B Varale and Justice MGS Kamal was hearing a petition by the micro-blogging site against the order of Justice Krishna S Dixit which had dismissed its petition challenging the take-down orders on tweets (posts), URLs and hashtags. The single judge bench had also imposed a cost on the company in its judgment on June 30. On .