Page 34 - High Court

Representations on lack of objectivity in collegium system received: Rijiju

The government has been receiving representations from "diverse sources" on lack of transparency, objectivity and social diversity in the collegium system of appointment of Supreme Court and high court judges with the request to improve the mechanism, Rajya Sabha was informed on Thursday. In a written reply, Law Minister Kiren Rijiju also said the government has sent suggestions for supplementing the Memorandum of Procedure for appointment of judges to the high courts and Supreme Court. MoP is a document which guides the appointment and transfer of judges in the higher judiciary. He recalled that in a bid to make the collegium system of appointments of judges "more broad-based, transparent, accountable and bringing objectivity in the system", the government brought into force the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 on April 13, 2015. However, both the Acts were challenged in the Supreme Court which eventually .

Bombay HC stays ex-Maha minister Anil Deshmukh's bail order till Dec 27

The Bombay High Court on Wednesday extended till December 27 the stay on its order granting bail to former Maharashtra home minister Anil Deshmukh in a corruption case being probed by the CBI. A single bench of Justice M S Karnik on December 12 granted bail to the 73-year-old Nationalist Congress Party (NCP) leader in the corruption case but said the order will be effective after 10 days, as the Central Bureau of Investigation (CBI) sought time to challenge it in the apex court. The probe agency on Friday moved the Supreme Court but the plea would be heard only in January 2023 after vacation. On Tuesday, the CBI, through Additional Solicitor General (ASG) Anil Singh urged Justice Karnik of the high court to extend the earlier stay till January 3. This court had granted bail but it was not to be effected. The Supreme Court doesn't have a vacation bench, unfortunately. So the order may be extended till January 3, Singh had said. When the matter was called on Wednesday, the ASG urged

Govt hospitals to treat patients irrespective of residence: High Court

Medical treatment has to be provided to all citizens by government hospitals in the national capital irrespective of the patient's place of residence, the Delhi High Court said on Tuesday, observing hospitals cannot insist on "voter ID". Justice Prathiba M Singh, while hearing a petition by a Bihar resident who alleged the city government-run Lok Nayak Hospital provided free MRI test facility only to the residents of Delhi, said hospitals cannot deny treatment to those coming from outside. The Delhi government assured there was no discrimination by the hospital on the basis of a patient's place of residence as alleged by the petitioner. They (hospital) can't insist on voter ID here.For hospitals, either AIIMS or any other hospital in Delhi, you cannot stop citizens from outside coming (and seeking treatment), the court said. A perusal of the judgement of this court makes it very clear that insofar as health treatment is concerned, the treatment has to be provided to all citizens .

'State of affairs appalling': Delhi HC on EWS admission to pvt schools

Delhi HC raised concerns over admission status of students belonging to Economically Weaker Sections (EWS) to private schools, labelling the state of affairs as "appalling, anguishing and agonising"

Nirav Modi loses bid to go to UK Supreme Court against extradition to India

Fugitive jeweller and designer had fled India in early 2018, days before the details of his alleged role in large-scale fraud at the Punjab National Bank became public

Woman's right to reproductive choice is her personal liberty: Kerala HC

A woman's right to reproductive choice is part of her personal liberty under Article 21, the Kerala High Court has said while allowing medical termination of pregnancy for a minor rape survivor. Justice V G Arun, in an order issued on December 12, allowed the petition of a 17-year-old mentally challenged girl, to terminate her pregnancy that reached 26 weeks. "A woman's right to make reproductive choice is recognised as part of her personal liberty under Article 21, subject of course to reasonable restrictions," the court said. The court noted that the medical board, after considering all aspects, has opined that continuation of pregnancy can seriously affect the mental health of the victim and she is likely to develop depression and psychosis. "In view of the Medical Board's opinion and considering the mental status of the victim, I am inclined to allow the prayer for medical termination of the pregnancy," the court said. It also opined that each day's delay will add to the victi

Facebook posts not determinative of person's location, says Delhi HC

A court cannot treat Facebook posts as determinative of the location of a person at a particular point of time, the Delhi High Court has said, while allowing the plea of a lawyer against an order of the Intellectual Property Appellate Board (IPAB). The court's observation came while dealing with the lawyer's petition challenging an adverse order passed against him by the IPAB for a deliberate, wrong, irresponsible representation to seek an adjournment in a case. The IPAB had said that while an adjournment was being sought on the ground that the petitioner lawyer, who was the main counsel in the case, was in quarantine and his office was closed due to COVID-19, the Board was shown that as per his Facebook posts he was on a holiday. Justice C Hari Shankar, in his order passed earlier this week, said the IPAB was needlessly strict in imposing costs and referring the matter to the Bar Council of India in such circumstances. The court observed it could be seen from the earlier orders i

Can sexual offence victim be made party in accused's bail appeal, asks HC

The Delhi High Court has asked its registry to inform it about any existing court ruling or practice directions requiring the impleadment of a victim or informant in bail pleas or appeals in cases of sexual offences. The high court asked the registry to file its response and answer the query in light of the fact that the identity of the victim or prosecutrix is supposed to be protected and kept confidential in all such proceedings. ... section 439(1-A) of the CrPC and practice directions dated September 24, 2019 issued by the Delhi High Court only require that the victim/ informant or any person authorised be heard at the time of hearing of a bail application for certain offences. Let a report be filed in response to the query, before the next date, Justice Anup Jairam Bhambhani said while listing the matter for further hearing on January 6, 2023. The high court was hearing a bail application by a man, accused of sexually assaulting a minor girl this year. The case was lodged aga

SC collegium recommends 3 chief justices, 2 judges of HCs for elevation

The five judges who have been recommended by the six-member Collegium led by Chief Justice of India D Y Chandrachud for elevation as apex court judges include three chief justices and two judges of different high courts. The Collegium's recommendations, if accepted by the Centre, will raise the total number of judges in the apex court to 33 against the sanctioned strength of 34, including the CJI. The five judges whose names have been recommended are Justice Pankaj Mithal, Justice Sanjay Karol, Justice P V Sanjay Kumar, Justice Ahsanuddin Amanullah and Justice Manoj Misra. Of them, the senior-most is Justice Pankaj Mithal who took over as Chief Justice of Rajasthan High Court on October 14 this year. Born on June 17, 1961, Justice Mithal is a 1982 commerce graduate from Allahabad University. He completed his LLB in 1985 from Meerut College and enrolled as an advocate in the Bar Council of Uttar Pradesh the same year. He started practising in Allahabad High Court in 1985 and served

HC asks Irdai to consult insurance firms about health cover for disabled

Court asked regulator and insurance companies to submit a status report before March 17, 2023

Mobile location details of alleged lover in court breach privacy right: HC

The High Court of Karnataka has disallowed a Family Court's order to a mobile service provider to submit the call details and mobile tower details of a third party in a matrimonial case between a couple. The High Court said that this violates the fundamental right to privacy of the third party who is allegedly the paramour of the wife in the matrimonial dispute. Allowing the petition field by the 'third party', the court said, "In the case at hand, tower details of the petitioner is permitted to be taken and produced. It is for the first time, the petitioner comes into the picture merely on an allegation of illicit relationship. He is a third party to these proceedings. Third party's privacy cannot be permitted to be violated on the specious plea of the husband that he wants to prove illicit relationship between the petitioner and the wife." Elaborating on the rights of the private individual, Justice M Nagaprasanna in his recent judgement said, "It is trite that right to privacy is

Transgenders can apply for constable posts, will frame rules: Maha to HC

The Maharashtra government on Friday told the Bombay High Court transgenders can apply for police constable posts and that it would frame rules setting standards for their physical tests by February 2023. This comes a day after a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja rapped the state government for being in deep slumber and lagging behind in framing rules to allow transgenders to participate in the recruitment process. Advocate General Ashutosh Kumbhakoni on Friday told the bench the government would modify its online website to include a third drop down for transgenders in the category of 'sex' in the online application form. Two posts for police constable would be kept vacant for transgenders, he told court. "The last date to submit the forms for everyone is extended till December 15. By December 13, the third drop down would be added," Kumbhakoni said. As per procedure, physical tests would be conducted once rules are framed, after which a writt

There was no proposal to reintroduce a modified NJAC, says Centre

The Centre further said that out of the 34 judge strength of the Supreme Court, 27 judges are working in the, which puts the vacancy to 7

Delhi HC halts release of Tamil movie 'Ajinomoto' over trademark

Dispute arose when Japanese company came across statements made by movie's director

Telegram shares user info with Delhi High Court in copyright case

The plea was filed by Neetu Singh and KD Campus, seeking to restrain users from sharing their videos, lectures, and books on Telegram. The matter will be heard again on February 14 next year

Make women capable of taking care of themselves: Kerala HC to authorities

The state and public authorities must endeavour to make girls and women competent to take care of themselves rather than locking them in, the Kerala High Court has said regarding the restricted movement in the women's hostel of Kozhikode Medical College. Justice Devan Ramachandran on Tuesday said that patriarchism even in the form of offering protection to women and girls has to be frowned upon as they are just as capable, as men and boys, of taking care of themselves. The court also pointed out that even the regulations of the University Grants Commission (UGC) mandate that in the guise of protection, the rights of students, especially women, to move around cannot be inhibited. Justice Ramachandran also questioned the rationale behind imposing the restriction on movement of women and asked the competent authorities to explain the same. "I am persuaded to make the afore observations also because, in the modern times, any patriarchism - even in the guise of offering protection base

Uttarakhand HC seeks reply from govt on alleged illegal appointments

The Uttarakhand High Court on Wednesday sent notices to the state government and the Assembly secretariat on a PIL alleging illegal appointments in the secretariat since 2000. Hearing the PIL, a bench of Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari issued notices to the Vidhan Sabha Secretariat and the state government, asking them to submit their reply by May 1. Dehradun resident Abhinav Thapar had filed the PIL alleging that instead of making regular appointments in the Vidhansabha Secretariat since 2000, backdoor entries have been made. Appointments made after 2016 have been revoked but no action has been taken against illegal appointments done before 2016, the PIL said. However, backdoor recruitment scam in the Vidhan Sabha secretariat has been going on since 2000, it said. The high court has fixed the next hearing on May 1.

Gyanvapi row: HC fixes Dec 5 for hearing on mosque committee's plea

The Allahabad High Court on Wednesday fixed December 5 for further hearing on a Gyanvapi masjid management's revision petition challenging a Varanasi court order on the maintainability of a plea seeking permission to offer regular prayers to idols of deities in the mosque complex. On Tuesday, the high court, after a brief hearing, had adjourned the hearing in the case till Wednesday. The Anjuman Intezamia Masjid, the Gyanvapi mosque management committee, had challenged the Varanasi court order rejecting its objection to the maintainability of the suit filed by five Hindu women who sought permission to worship Shringar Gauri and other deities whose idols are located on an outer wall of the mosque. The district judge of Varanasi had on September 12 dismissed the plea. The high court also fixed January 18, 2023, for further hearing on another revision petition filed by Laxmi Devi and others challenging the Varanasi district judge's order by which the lower court had refused the demand

Inheritance rights of adopted children vary on the basis of religion

Hindu and Christian personal law treat adopted child on a par with natural-born ones

PMLA case: HC to hear ED's plea against bail granted to Raut on Dec 12

The Bombay High Court on Monday said it would hear on December 12 the application filed by the Enforcement Directorate seeking cancellation of bail granted to Shiv Sena Rajya Sabha MP Sanjay Raut in a money laundering case. Apart from the Shiv Sena leader, the ED has also challenged the bail granted to co-accused Pravin Raut. Last week, a single bench of Justice M S Karnik had recused itself from hearing the matter. Additional Solicitor General Anil Singh, appearing for ED, on Monday mentioned the matter before another single bench of Justice Anuja Prabhudessai and sought urgent hearing. Justice Prabhudessai posted the matter for hearing on December 12. Sanjay Raut and Pravin Raut were granted bail by a special court on November 9. They were arrested in a money laundering case related to the Patra Chawl redevelopment project in Goregaon in Mumbai. The ED moved HC on the same day and sought an urgent interim stay on the bail order. The HC had, at the time, refused to pass any inte