Page 27 - High Court

SC quashes plea against HC order on petition challenging Scindia's election

The Supreme Court on Friday dismissed a plea against a Madhya Pradesh High Court order by which issues were framed in a petition challenging the election of Union Civil Aviation Minister Jyotiraditya Scindia to Rajya Sabha from Madhya Pradesh in 2020. A bench of Justice Hrishikesh Roy and Justice Pankaj Mithal dismissed the plea filed by Congress leader Govind Singh, who has filed the election petition against Scindia. Singh has challenged the candidature of Scindia as a returned candidate of BJP from Madhya Pradesh in the biennial election for Rajya Sabha held on June 19, 2020, on the ground that while submitting the nomination paper along with an affidavit, the BJP leader did not disclose particulars or information regarding registration of FIR against him and others at Shyamla Hills police station in Bhopal. Senior advocate Anoop George Chaudhary contended that under provisions of the Representation of the People Act, 1951, the contesting candidates must disclose or furnish all .

Senthil Balaji HCP: Arguments to commence before third judge on Jul 11

The Madras High Court will look into the Habeas Corpus Petition filed by arrested Tamil Nadu Minister V Senthil Balaji's wife from July 11, when the third judge will conduct the hearing following a spilt verdict by a division bench earlier on the matter. Justice C V Karthikeyan, who was named as the third judge to hear the HCP, passed an order on Friday to commence the arguments from July 11. Earlier, the Enforcement Directorate prepared a chart in a tabular form pointing out the difference of opinion between the two judges-- Justices J Nisha Banu and D Bharatha Chakravarthy who gave the split verdict, and circulated the same to Balaji's counsel and to the court. In his order, the judge said the court has to test the difference of opinion expressed by the two judges i.e. whether the Enforcement Directorate has powers to seek police custody and if the HCP was maintainable after the detenu was remanded to judicial custody. This court also has to test whether the period of police cust

Fake news rules: Can statute have unbound discretionary authority, asks HC

Is it permissible in law for a statute to have unbound and limitless discretionary authority, the Bombay High Court asked on Friday while hearing a bunch of petitions against the recently amended Information Technology (IT) Rules against fake news. A division bench of Justices Gautam Patel and Neela Gokhale said before it goes into the effect the Rules would have on the fundamental rights of citizens, it needs to know the boundaries and limits of the words - fake, false and misleading - used in the Rules. The court was hearing a bunch of petitions challenging the IT Rules that empower the Centre to identify fake, false and misleading information posted on social media against the government and its business. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines filed petitions in the high court against the rules terming them as arbitrary, unconstitutional and saying that they would have a "chilling effect" on the fundamental rights of ...

Abusive words against PM derogatory, not seditious, says Karnataka HC

The Karnataka High Court has said abusive words used against the Prime Minister was derogatory and irresponsible but it does not constitute sedition, while quashing a case of sedition against a school management. Justice Hemant Chandangoudar, at the Kalburgi bench of the High Court, quashed the FIR filed by the New Town Police Station, Bidar, against Allauddin, Abdul Khaleq, Mohammed Bilal Inamdar and Mohammed Mehatab, all management persons of Shaheen School in Bidar. The court said the ingredients of Section 153(A) (causing disharmony between religious groups) of the Indian Penal Code (IPC) are not found in the case. "The utterance of the abusive words that the Prime Minister should be hit with footwear is not only derogatory, but is irresponsible. The constructive criticism of the government policy is permissible, but the Constitutional functionaries cannot be insulted for having taken a policy decision, for which, certain section of the people may have objection," Justice ...

Guj HC to deliver verdict on Rahul Gandhi's plea seeking stay on conviction

The Gujarat High Court will deliver on Friday its verdict on Congress leader Rahul Gandhi's plea seeking a stay on his conviction in a criminal defamation case over his Modi surname remark. As per the cause list issued by the HC on Thursday, the court of Justice Hemant Prachchhak will deliver the verdict at 11 am. A stay on conviction would pave the way for Gandhi's reinstatement as a Member of Parliament (MP). In May, Justice Prachchhak, while hearing Gandhi's plea, had refused to grant any interim relief saying it will pass a final order after the summer vacation, which ended three weeks back. During a hearing on April 29, Gandhi's lawyer had argued that a maximum punishment of two years for a bailable, non-cognisable offence meant his client could lose his Lok Sabha seat "permanently and irreversibly", which was a "very serious additional irreversible consequence to the person and the constituency he represents". A metropolitan magistrate's court in Surat sentenced the former .

Wife employed earlier can't sit idle and seek maintenance: Karnataka HC

Justice Rajendra Badamikar said that a wife who was employed previously is bound to make efforts to meet the expenses for her livelihood and can seek only supportive maintenance from her husband

HC says 2019 LS election of expelled AIADMK member Ravindhranath invalid

The Madras High Court on Thursday declared invalid the 2019 election of expelled AIADMK member O P Ravindhranath from Tamil Nadu's Theni constituency. Ravindhranath is the son of deposed AIADMK leader and former Chief Minister O Panneerselvam. Justice SS Sundar also declared the seat vacant. However, on a request made by the counsel for Ravindhranath, the judge suspended the operation of the order for a month to enable him to file an appeal before the Supreme Court. The ruling came on a petition filed by a voter from Theni constituency named P Milani. According to advocate V Arun, counsel for Milani, the petitioner contended that Ravindhranath while filing his nomination for the election had suppressed various materials including the particulars of his movable and immovable assets and liabilities, and those of his family members. The suppression of facts had materially affected the election, the lawyer said. Hence Milani filed the present election petition. Arun also said on beha

Fake news: If effect of law is unconstitutional, it has to go, says HC

The Bombay High Court on Thursday said that no matter how laudable or high the motives are while framing rules, if the effect of a rule or law is unconstitutional then it has to go. A division bench of Justices Gautam Patel and Neela Gokhale made the observation while hearing a bunch of petitions challenging the recently amended Information Technology Rules that empower the Centre to identify fake news against the government in social media. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines filed petitions in the high court against the rules terming them as arbitrary, unconstitutional and saying that they would have a "chilling effect" on the fundamental rights of citizens. On April 6 this year, the Union government promulgated certain amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for a fact-checking unit to flag fake, false or misleading online ...

SC Collegium recommends 7 judges as chief justices for various high courts

The Collegium recommended the names for the High Courts of Bombay, Gujarat, Telangana, Andhra Pradesh, Manipur, Orissa and Kerala

Delhi HC dismisses plea against reduction in allowances of Air India pilots

The Delhi High Court has refused to interfere with the Centre's decision reducing allowances of Air India pilots on account of the COVID-19 pandemic in 2020, saying the pilots, who were taking home lakhs of rupees in spite of the cut when many others in the country had lost their livelihood, cannot claim victimisation. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad took judicial notice of the complete lockdown in 2020, when all aviation operations were suspended, as well as the fact that pilots across various airlines lost their jobs but Air India ensured there were no lay-offs. Dismissing an appeal by Executive Pilots Association against a single bench order rejecting its plea assailing the reduction, the bench remarked, "The fact that a pilot even without the allowance takes home a pay package of Rs 6 to 7 lakh as compared to many other people in the country who lost their entire livelihood during the pandemic cannot raise a grouse that they

Petition seeking Pak PM Sharif's disqualification filed in Lahore HC

A petition has been filed in a Pakistani court seeking the disqualification of Prime Minister Shehbaz Sharif for making a "false promise" to the court regarding the return of his elder brother Nawaz Sharif from the UK after his treatment. The Lahore High Court (LHC) on Tuesday adjourned the hearing for an indefinite period, observing that this petition should have moved when Shehbaz Sharif failed to fulfil his promise during the tenure of the previous government. Nawaz Sharif, the supreme leader of the ruling Pakistan Muslim League-Nawaz (PML-N) and the elder brother of Prime Minister Shehbaz Sharif, has been living in self-exile in the United Kingdom since November 2019. Petitioner Azhar Abbas contended that Shehbaz Sharif had filed a "false affidavit" before a two-judge bench of the LHC in November 2019 that he would ensure the return of his elder brother within four weeks if he (Nawaz Sharif) was allowed to go abroad for his treatment. The petitioner said the LHC accepted Shehba

Delhi HC restrains Cipla from using Gluco-C or Gluco-D trademarks

Zydus argued that Cipla started branding its Glucose product under Gluco C ++ and Gluco D ++, in order to create confusion in the minds of customers

Excise policy scam: HC rejects Sisodia's bail plea in money laundering case

The Delhi High Court on Monday dismissed the bail plea of AAP leader Manish Sisodia, who was arrested for his alleged role in the money laundering case relating to alleged irregularities in the city government's excise policy. Justice Dinesh Kumar Sharma refused to grant relief to Sisodia, saying he is not entitled to bail at this stage. Besides Sisodia, the high court also dismissed the bail pleas of businessmen Abhishek Boinpally, Benoy Babu and Vijay Nair, who are co-accused in the money laundering case lodged by the Enforcement Directorate (ED) arising from the alleged scam. Sisodia, the former Delhi deputy chief minister and excise minister, was first arrested by the CBI on February 26 for his alleged role in the scam and has been in custody since then. The high court has already denied him bail in the CBI case on May 30. He was arrested on March 9 in the case lodged by the ED and is currently in judicial custody. The Delhi government implemented the policy on November 17, 2

Goa govt to rope in satellite imagery firm to map out CRZ violations

The Goa government will engage a company with expertise in satellite imagery to map structures that existed on the state's shoreline before 1991 to understand the extent of the Coastal Regulation Zone (CRZ) violations, a senior official said on Monday. During a public redressal meeting in North Goa on Monday, State Environment Minister Nilesh Cabral said the state government will file an affidavit before the Bombay High Court listing out the structures that existed before 1991, a cut-off date as per the CRZ regulations. The Goa State Coastal Zone Management Authority (GSCZMA) had issued show cause notices to 275 structures, giving them time to respond with documentation to prove that they existed before 1991. The notices were issued after the October 2022 order of the High Court against the gross violations in CRZ areas, the senior GSCZMA official said. Speaking at the meeting, Cabral said the state government will engage a company with expertise in satellite imaginary to map the a

Excise policy scam: Delhi HC set to pronounce order on Sisodia's bail plea

The Delhi High Court is scheduled to pass on Monday an order on the bail plea of AAP leader Manish Sisodia, arrested for his alleged role in the money laundering case relating to alleged irregularities in the city government's excise policy. As per a cause list uploaded on the court's website this morning, Justice Dinesh Kumar Sharma will pronounce the order on Sisodia's bail plea at 2:30 PM. Besides Sisodia, the high court will also pass orders on the bail pleas of businessmen Abhishek Boinpally, Benoy Babu and Vijay Nair, who are co-accused in the money laundering case lodged by the Enforcement Directorate (ED) arising from the alleged scam. Sisodia, former Delhi deputy chief minister and excise minister, was first arrested by the CBI on February 26 for his alleged role in the scam and has been in custody since then. The high court has already denied him bail in the CBI case on May 30. He was arrested on March 9 in the case lodged by the ED and is currently in judicial custody.

Delhi HC dismisses PIL against RBI's withdrawal of Rs 2,000 banknotes

The Delhi High Court on Monday dismissed a public interest litigation (PIL) challenging the RBI's decision to withdraw Rs 2,000 denomination banknotes from circulation. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which had reserved its order on the PIL on May 30, rejected the plea. Petitioner Rajneesh Bhaskar Gupta has contended that the Reserve Bank of India (RBI) has no power to withdraw Rs 2,000 currency notes from circulation and only the Centre could have taken a decision in this regard. In his plea, the petitioner submitted that the RBI has no independent power to direct the non-issue or discontinuance of issue of banknotes of any denominational values and this power is vested only with the Centre under section 24 (2) of the RBI Act, 1934. Regarding the high court's May 29 judgment on a PIL which had challenged the notifications by the RBI and SBI enabling exchange of Rs 2,000 banknotes without requisition slip and identity proof, the ...

HC to pass order on cognisance of chargesheet against Brij Bhushan on Jul 7

A Delhi court on Tuesday posted for July 7 the pronouncement on whether to take cognisance of the charge sheet filed by the Delhi police against BJP MP and outgoing WFI chief Brij Bhushan Sharan Singh in a case of alleged sexual harassment of women wrestlers. Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal, who was scheduled to pass the order on Saturday, noted the submission of the city police that its probe is still in progress and a supplementary charge sheet is likely to be filed. However, since FSL report and report on CDR (call detail record) is awaited it is likely to take time. Put up for consideration for July 7, the judge said.

MP High Court requests Centre to reduce women's consent age to 16 from 18

The Gwalior bench of Madhya Pradesh High Court has requested the Centre to reduce the consent age of females to 16, observing that the present age of 18 has disturbed the fabric of society as injustice is going on with adolescent boys. The court's request came on June 27 through an order quashing a First Information Report (FIR) against a man who was accused of repeatedly raping a minor girl and impregnating her in 2020. Nowadays, every male or female near the age of 14 years, due to social media awareness and easily accessible internet connectivity, is getting puberty at an early age, the judge said. The court said boys and girls get attracted to each other owing to early puberty, which is ultimately resulting in consensual physical relationships, read the order. 'I request the Government of India to think over the matter for reducing the age of prosecutrix (female complainant) from 18 to 16 years as earlier before (IPC) amendments (were made) so that injustice should be redressed

Gujarat HC rejects bail plea of Teesta Setalvad, asks her to surrender

The Gujarat High Court on Saturday rejected the regular bail plea of social activist Teesta Setalvad and directed her to surrender immediately in a case pertaining to the alleged fabrication of evidence to frame innocent people in 2002 post-Godhra riots cases. The court of Justice Nirzar Desai rejected Setalvad's bail plea and directed her to surrender immediately as she is already out of jail after securing interim bail. As the applicant is out on interim bail granted by the Supreme Court, she is directed to surrender immediately, the court said in its order. Setalvad and co-accused and former Director General of Police R B Sreekumar were taken into custody by Gujarat police on June 25 last year and a court sent them in judicial custody on July 2 after their police remand ended. She walked out of jail in September 2022 after being granted relief by the apex court. The Ahmedabad crime branch registered a First Information Report (FIR) against Setalvad, Sreekumar and jailed former

Allahabad HC directs makers of 'Adipurush' to appear before on July 27

The Allahabad High Court has directed the makers of controversial movie "Adipurush" to appear before it on July 27 and the central government to form a committee to give its views on the film. A vacation bench comprising Justice Rajesh Singh Chauhan and Justice Shree Prakash Singh was hearing separate petitions of Kuldeep Tiwari and Naveen Dhawan seeking a ban on the movie. The court has ordered director Om Raut, producer Bhushan Kumar, dialogue writer Manoj Muntashir to appear before it on July 27. It has also directed the central government to constitute a five-member committee to give its view on the film as to whether it had hurt the feelings of the public. In an order, it also directed the government to review the decision of granting of certificate to the movie. The order was uploaded on the high court's website late on Friday. The bench has said the secretary of the Ministry of Information and Broadcasting and chairman of Central Board of Film Certification (CBFC) will file