Page 28 - High Court

Why no coercive action order against Wankhede should be vacated: HC to CBI

The Bombay High Court on Friday asked the CBI to stop playing hide and seek after the agency sought vacation of an earlier order granting interim protection to IRS officer Sameer Wankhede in the Cordelia cruise drug bust' bribery case. A division bench of Justices A S Gadkari and S G Dige rebuked the Central Bureau of Investigation (CBI) for claiming that they may want to arrest Wankhede in future if he does not cooperate in their probe but not telling the court if it has reached the conclusion that his arrest is required. The bench said the CBI's arguments were creating serious doubts in the minds of the court. It also directed the agency to produce its case diary on the next date of the hearing June 28 to show the progress in the investigation. The CBI had sought vacation of an earlier order passed by the court directing that no coercive action be taken against Wankhede, the former zonal director of the Narcotics Control Bureau (NCB). Indian Revenue Service (IRS) officer Wankhe

AAP to move SC against appointment of ex-HC judge Umesh Kumar as DERC chair

The AAP government will move the Supreme Court against the appointment of former Allahabad High Court judge Umesh Kumar as the Delhi Electricity Regulatory Commission (DERC) chairman, Power Minister Atishi said on Thursday. Addressing a press conference, she said the government had recommended the name of Justice (retd) Sangeet Lodha for the post on June 21. However, it was "sidelined and former Allahabad High Court judge Umesh Kumar was appointed as the chairman by the BJP-led Centre. This has been done to 'trouble' the elected government of Delhi. In the coming days, we will approach the Supreme Court against this 'illegal' appointment," she said. A statement issued by the lieutenant governor's office on Wednesday night said Justice Kumar has been appointed the DERC chairman by President Droupadi Murmu. Chief Minister Arvind Kejriwal had in January recommended the name of retired high court judge Rajeev Kumar Shrivastava for appointment as the chairperson of the power regulator.

Karnataka HC says not having sex is cruelty under Hindu Marriage Act

The Karnataka High Court has held that refusing sex to wife was an act of cruelty under the Hindu Marriage Act of 1955

HC stays order allowing banks to declare account as fraud without hearing

The pleas said the circulars were in violation of the principle of natural justice as no opportunity to be heard was being given to borrowers before classifying their accounts as fraudulent

WB panchayat polls: HC asks SEC to deploy forces in all districts in 48 hrs

The Calcutta High Court on Thursday directed the State Election Commission (SEC) to requisition and deploy central forces across West Bengal for the July 8 panchayat elections in the state. The court noted that no appreciable steps have been taken ever since an order was passed by it on June 13 to deploy central forces in sensitive areas for the poll process. Petitioners had prayed for the deployment of central forces for ensuring peaceful elections, claiming that the state had witnessed large-scale violence during municipal elections in 2022 and Kolkata Municipal Corporation elections in 2021. Opposition parties have been alleging that the ruling Trinamool Congress supporters resorted to violence to prevent their candidates from filing nomination papers. The state claimed before the court that till Wednesday, more opposition candidates filed nominations than those of the ruling party. Thursday was the last day for filing nomination.

Bihar bridge collapse: Patna High Court slams laxity of govt, contractor

The Patna High Court on Wednesday blamed laxity of the Bihar government and the contractor concerned for the collapse of part of the four-lane Sultanganj-Aguwani Ghat bridge, being built over the Ganga in Bhagalpur district, on June 4. The high court directed the state government to submit the action taken report on the issue, while asking the managing director of the firm constructing the bridge to remain present before the court along with his expert team on June 21, when the matter will come up for hearing again. This court is shocked at the collapse of constructed part of the bridge on June 4... Last year also, while the construction work was going on, some structure of the bridge had collapsed on April 13, the bench of Justice Purnendu Singh said. The incident occurred due to the laxity of the state government and the contractor, observed the court. The bench said it seeks to prevent the misuse of public money and exploitation of natural resources in the interest of the ...

'Discretion to choose HC, trial court to file anticipatory bail plea'

The Delhi High Court has said that applicants have the discretion to choose between the high court and trial court when filing an anticipatory bail plea

HC suggests immediate measures to reduce traffic congestion in Nainital

The Uttarakhand High Court has warned against the possibility of a Joshimath-like situation arising in Nainital and asked the authorities to take immediate measures to reduce traffic congestion in the town during the peak tourist season. Joshimath grabbed the headlines early this year due to a land-subsidence crisis which led to cracks appearing in houses, fields and roads. With the temperature soaring, droves of tourists are visiting Nainital these days causing long and frequent traffic jams in the popular tourist spot. Taking suo motu cognisance of a PIL on the pressure of traffic in Nainital, the division bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal said the issue must be addressed promptly, otherwise the town may also face a Joshimath-like situation. The court ordered immediate replacement of cycle rickshaws with e-rickshaws in Nainital to address the problem of traffic congestion which is worsening each passing year. The court stated that the government sh

Lawyers' body calls for changes in elevation process of judges to SC, HC

A lawyers' body on Thursday called for changes in the manner in which judges are elevated to the Supreme Court and high courts, saying their appointments and elevations should be made "solely on the basis of merit". Adish C Aggarwala, chairman of the All India Bar Association, while speaking to the media here also said that court proceedings should ideally be video-recorded and that the retirement age of judges in the apex court, high courts and the subordinate judiciary should be raised. He also said that retired judges should not be appointed to any tribunal or commissions. On the issue of appointing judges to high courts, Aggarwala was also against chief justices of high courts being chosen from the high courts of other states. "Chief justices coming from other states may be not in a position to make just and proper administrative decisions, as they are usually unaware of the local factors," he contended.

Contractors cannot undertake shoddy construction using public money: HC

The Karnataka High Court has rejected the petition by a construction company seeking the return of the bank guarantee which was encashed by the Karnataka State Police Housing and Infrastructure Development Corporation (KSPHIDC) for alleged shoddy construction of police quarters by the firm. The High Court also directed that engineers involved in shoddy constructions using public money be brought to book. Citing earlier Supreme Court judgements, the High Court said that bank guarantees were not for show and the corporation had done the right thing. "What would unmistakably emerge is that the Bank Guarantee is not furnished for it to be photo-framed and hung on the wall, it has a purpose. The purpose is redeemed by the Corporation and cannot be found fault with." PG Setty Construction Technology Pvt Ltd had approached the High Court after KSPHIDC encashed the bank guarantee of Rs 1,15,13,500 for allegedly shoddy construction of 144 police quarters in Mandya and Chamarajanagar district

HC asks trial courts to allow hybrid hearing of cases without prior request

The Delhi High Court has directed the trial courts in the city to allow a hybrid hearing of the cases listed before them, without any prior request for the same from the parties. The court has directed to ensure that in matrimonial disputes, cases concerning child adoption and child custody, sexual offences or violence against women and those invoking the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice (Care and Protection of Children) Act, no one apart from the parties and their counsel can access or join the proceedings digitally. It has also said in case of in-camera proceedings or where a specific direction is issued by a judge, digital or physical access to the hearing should be limited to the persons concerned. "The district courts in Delhi shall permit any of the parties and/or their counsel to appear through hybrid/video-conferencing mode during court proceedings, without there being any requirement of a prior request for the same," the high

Guj HC asks govt to seek expert take on condition of old bridges in Gondal

The Gujarat High Court on Tuesday directed the state government to seek expert opinion on the condition of two century-old bridges at Gondal town of Rajkot district on a PIL seeking their repair to avoid incidents like the Morbi bridge collapse. The division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav directed the state government to depute experts to physically examine the bridges and file a report by the next date of hearing on June 28. It also issued notices to the Gondal municipality and additional engineer (design) of the roads and buildings department among other respondents. A public interest litigation, filed by lawyer Yatish Desai, stated that the bridges, which are both located on Gondal river, are around a century old and in a very dilapidated condition. Like many other buildings, the bridges were built by the erstwhile King Bhagvatsinhji Maharaj, it said. The traffic of the city and surrounding villages passes through these bridges, which overflow

Sexual assault on a dead body is not rape, rules Karnataka High Court

The Karnataka High Court said that necrophilia, defined as having sexual intercourse with a corpse, was not a punishable offence under current laws

K'taka HC extends stay on CBI inquiry against DK Shivakumar in DA case

The High Court of Karnataka on Friday extended the stay on the CBI investigation against state Deputy Chief Minister D K Shivakumar in the disproportionate assets case, pending a query a single-judge has placed before the Chief Justice. Shivakumar has challenged the FIR against him in the case. The petition came up before the single-judge bench of Justice M Nagaprasanna today. The petition has been part-heard by Justice K Natarajan before the summer vacation. Justice M Nagaprasanna has therefore directed the Registrar to place the file before the Chief Justice and seek his opinion whether he can continue hearing the same petition. The stay granted earlier was continued and the hearing adjourned. DK Shivakumar had filed two petitions in the HC -- one against the sanction granted on September 25, 2019 by the State Government to the CBI to prosecute him and another challenging the FIR filed against him by the central agency on October 3, 2020. The high court has dismissed the petit

EOW's RFL case: HC grants bail to Malvinder Singh and three others

The Delhi High Court Friday granted bail to ex-Fortis promoter Malvinder Mohan Singh and three others in a case of alleged misappropriation of funds of Religare Finvest Ltd (RFL) lodged by the Delhi Police. Besides Malvinder Mohan Singh, the high court also granted bail to former CMD of Religare Enterprises Ltd (REL) Sunil Godhwani, former CEO of REL Kavi Arora and Rajender Aggarwal, who was director or shareholder of certain companies to which loans were extended by RFL at the behest of its parent entity REL, which were then allegedly defaulted on. The Economic Offences Wing (EOW) of Delhi Police had registered an FIR in March, 2019 after it received a complaint from RFL's Manpreet Suri against Shivinder Mohan Singh, Godhwani and others, alleging that loans were taken by them while managing the firm but the money was invested in other companies. Malvinder, his brother Shivinder Mohan Singh, also a former Fortis Healthcare promoter, Godhwani, Arora and former CFO of RFL Anil Saxena

Calcutta HC seeks report from WBBSE, on hirring without appointment case

Justice Biswajit Basu of the Calcutta High Court on Friday sought a detailed report from the West Bengal Board of Secondary Education (WBBSE)

HC seeks police stand on Sharjeel Imam's plea against sedition case

The Delhi High Court on Friday sought the stand of the city police on a petition by student activist Sharjeel Imam seeking quashing of a supplementary charge sheet introducing the offence of sedition and hate speech in a criminal case concerning his alleged objectionable speech delivered at Jamia Millia Islamia in December 2019. Justice Rajnish Bhatnagar issued notice on the petition and granted time to the prosecution to file a status report. First supplementary charge sheet was filed in the case on April 16, 2020. Counsel for the petitioner said the challenge to the supplementary charge sheet was to extent of addition of the offences of sedition, whose operation has been stayed by the Supreme Court, and hate speech. The lawyer said a separate FIR for same offences has already been registered by the Delhi Police in relation to two of his speeches during the anti-CAA protests including the speech in question here. The petition has also payed for a direction to the trial court to .

Meghalaya HC pulls up govt for allowing coal export without seeking origin

The Meghalaya High Court has pulled up the state government for allowing export of coal through land customs stations in the state without seeking to ascertain the source or origin of such coal. A division bench of the court comprising Chief Justice Sanjb Banerjee and Justice W Diengdoh said this on Thursday while hearing a PIL filed by Champer M Sangma. "It is alarming that despite the state understanding the purport of the request by Central agencies, it was so lax that it allowed tens of thousands of metric tonnes of coal to be cleared for export through land customs stations within the state without, apparently, seeking to ascertain the source or origin of such coal," the division bench said. The high court said several letters were issued to the state by central agencies and by the Union Finance Ministry before the suo motu proceedings pertaining to illegal coal-mining and illegal transportation of the illegally-mined coal being instituted in this court. "The Central agencies

Plea in SC against HC verdict on RBI decision on Rs 2,000 banknote exchange

A plea has been filed in the Supreme Court against the Delhi High Court's verdict dismissing a petition challenging the notifications enabling the exchange of Rs 2,000 denomination currency notes without any requisition slip and ID proof, contending the measure gives an "open opportunity to legalize illegal money". A division bench of the high court had on May 29 dismissed a Public Interest Litigation (PIL) filed by advocate Ashwini Kumar Upadhyay, who challenged the notifications by the Reserve Bank of India (RBI) and the State Bank of India (SBI) allowing exchange of Rs 2,000 banknotes without having to furnish any document. Upadhyay has now approached the apex court. In his petition filed on Wednesday, he has claimed the high court has failed to appreciate that the RBI notification of May 19 and SBI notification of May 20, permitting exchange of Rs 2,000 currency notes without obtaining any requisition slip and identity proof, is "manifestly arbitrary and irrational". "RBI admit

Gyanvapi: HC dismisses Muslim side's plea on right to worship inside mosque

The high court has rejected the mosque committee's challenge to the 5 Hindu women worshippers' suit pending before the Varanasi court