Page 29 - High Court

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

HC cannot interfere with resolution process of Go First: IRP tells court

Senior Advocate Harish Salve, appearing for the IRP, told the court that a writ court should not interfere in the resolution process after the insolvency application has been accepted by the Tribunal

Delhi HC dismisses plea challenging Rs 2,000 note exchange without id

From granting bail to real estate developer in money laundering case, to issuing a notice to separatist leader Yasin Malik, here are important cases heard in the Delhi High Court today

2 judges elevated as HC chief justices; one is due to retire on May 30

Two judges were on Friday elevated as chief justices of high courts with one of them due to retire on May 30. The Department of Justice in the Union Law Ministry issued separate notifications announcing the appointment of acting chief justice of the Bombay High Court Justice Sanjay Vijaykumar Gangapurwala as the chief justice of the Madras High Court and Justice Ramesh Deokinandan Dhanuka as the chief justice of the Bombay High Court. Justice Dhanuka is at present a judge of the Bombay High Court. On Wednesday, Justice S Vaidyanathan was appointed as the acting chief justice of the Madras High Court. Justice T Raja, who was also the acting chief justice of the Madras High Court, had demitted office on Wednesday evening on attaining the age of 62 years. In April, the Supreme Court Collegium had recommended that Justice Gangapurwala be made the chief justice of the Madras High Court. The collegium had pointed out that the office of the Chief Justice of High Court of Bombay has been

HC refuses to interfere with Trai decision imposing penalty on Vodafone

The Delhi High Court has refused to interfere with TRAI's recommendation for imposing a penalty of Rs 1,050 crore on two Vodafone companies for allegedly denying inter-connectivity to Reliance Jio Infocomm Ltd (RJIL) under an Interconnection Agreement executed between them. The high court noted that the Telecom Regulatory Authority of India's (TRAI) October 21, 2016 recommendation, which has been challenged here is also under challenge before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), and tribunals are expert bodies constituted under statute to decide the disputes arising under that statute. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, in its May 24 judgment, said the TDSAT has been empowered to deal with all disputes arising under the TRAI Act. The Central government had passed an order on September 29, 2021 imposing a penalty on the petitioner companies for violation of the provisions of licence agreement and standards of ...

Shivakumar approaches HC, seeks quashing of Covid rules violation cases

Karnataka Deputy Chief Minister has approached the High Court seeking quashing of cases against him lodged during the Mekedatu padayatra for violating Covid guidelines and defying government orders.

Gyanvapi row: Allahabad court to hear petition filed by waqf board today

The Allahabad High Court had previously reserved its judgment on the maintainability of the lawsuit pending in the Varanasi court. The court will now hear all related matters together

Gyanvapi row: HC to hear waqf board petition, mosque management on Friday

The Allahabad High Court will hear on Friday a petition filed by the Uttar Pradesh Sunni Waqf Board and the Gyanvapi masjid management committee that has challenged the maintainability of a suit pending before a Varanasi court, seeking the restoration of a temple at the site of the mosque. The petitioners have also challenged an April 8, 2021 order of the Varanasi court, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque complex. On November 28, 2022, Justice Prakash Padia had reserved his judgment in the matter after hearing both sides at length. However, in its order dated May 24, Justice Padia said more clarifications were required from the counsel for the parties. Considering this, the matter was put up, along with other connected matters, for further hearing on Friday. The high court had earlier reserved its judgment on the maintainability of the suit pending in the Varanasi court. Now, all connected matters on the suit'

High Court directs Delhi govt to consider Advocates Protection Bill

The Delhi High Court on Thursday directed the Delhi government to consider the draft Advocates Protection Bill 2023 and hold a consultation with stakeholders on it.