Page 9 - High Court

Ensure separate toilets for men-women, PwDs, trans at all courts: SC

The Supreme Court on Wednesday said availability of public toilets is an important duty of the state governments and Union territories and steps need to be taken to ensure that such facilities are accessible to all. Issuing a slew of directions on a PIL filed by a lawyer, the apex court asked all the high courts, state governments and UTs to ensure availability of separate toilet facilities for males, females, persons with disabilities (PwDs), and transgender persons in all court premises and tribunals across the country. A bench of Justices J B Pardiwala and R Mahadevan while hearing the plea said public health is of paramount importance and creation of adequate public toilets also protects the privacy and removes the threat to women and transgender persons. "The High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to Judges, advocates, litigants, and court staff. "For the aforesaid purpose, a committee shall be constituted in each of

Elgar Parishad-Maoist case: HC grants bail to Rona Wilson, Sudhir Dhawale

The Bombay High Court on Wednesday granted bail to researcher Rona Wilson and activist Sudhir Dhawale, arrested in the Elgar Parishad-Maoist links case, noting that they were in jail since 2018 and the trial was yet to start. A division bench of Justices A S Gadkari and Kamal Khata said the two had spent more than six years in jail as under-trial prisoners. "They are in jail since 2018. Even the charges in the case are yet to be framed. The prosecution has cited over 300 witnesses, and thus there is no possibility of the trial to conclude in the near future," the court said. A trial starts after the charges are framed. The NIA, the prosecution agency, did not seek a stay to the HC order. Defence lawyers Mihir Desai and Sudeep Pasbola had argued that the two accused were incarcerated since their arrest in the case. While granting relief, the high court said it was not dealing with the merits of the case at this stage. Wilson and Dhawale were directed to submit a surety of Rs one

Karnataka HC strikes down central rules on green energy open access

The Karnataka High Court has invalidated the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022, formulated by the Central Government for the generation, purchase, and consumption of renewable energy. The Court ruled that the Centre lacked the authority under the Electricity Act, 2003, to frame such rules, as the Act specifically grants this power to the Karnataka Electricity Regulatory Commission (KERC). Justice N S Sanjay Gowda noted that the Act was designed to ensure that regulatory powers, including tariff determination and open access provisions, are handled by independent bodies like the KERC, free from governmental interference. "The Parliament, through the Electricity Act, entrusted the Regulatory Commissions with the exclusive power to oversee open access. The Central Government cannot bypass this legislative mandate by framing its own rules," the Court stated. The Court also struck down the Karnataka Regulatory Commission (Terms and ...

Gujarat HC provides relief, says no GST on transfer of state land leases

The court's decision not only alleviates the financial strain on affected businesses but also addresses long-standing concerns regarding double taxation

SC slams ED for 'inhuman' 15-hour interrogation in illegal mining case

The Supreme Court questioned the Enforcement Directorate's rationale behind the interrogation tactics, while also clarifying that its remarks were limited to bail proceedings, not the case's merits

Singapore oil tycoon Lim Oon Kuin declared bankrupt after empire crash

The name of the founder of Hin Leong Trading Pte. and his children Lim Huey Ching and Lim Chee Meng were listed as having been issued a bankruptcy order on Dec. 19, the government gazette showed

Salman Rushdie's 'The Satanic Verses' back on shelves: Why India banned it

After 37 years, author Salman Rushdie's 'The Satanic Verses' returns to Indian shelves following a court ruling in November that deemed original ban void

SC asks HC, Maharashtra govt to ensure accused appear before trial courts

The Supreme Court has asked the Bombay High Court and the Maharashtra government to evolve a mechanism to ensure that accused are produced before trial judges either physically or virtually on every date so that the trial is not prolonged. The apex court, while dealing with an appeal challenging the Bombay High Court order denying bail to an accused, said a "sorry state of affairs" was being depicted as the trial proceedings in the case was being prolonged due to non-production of appellant before the trial judge either physically or virtually. A bench of Justices B R Gavai and K V Viswanathan was informed that this was not a solitary case but in many cases, such a difficulty arises. "We, therefore, direct the registrar general of the high court of judicature at Bombay, secretary, Home, state of Maharashtra and secretary, Law and Justice, state of Maharashtra to sit together and evolve a mechanism to ensure that the accused are produced before the trial judge either physically or ..

Consider excluding Rs 120 cr from airlift charges: Kerala HC to Centre

The Kerala High Court on Wednesday asked the Centre whether it can exclude around Rs 120 crore from the Rs 132 crore demanded as airlift charges for rescue operations carried out by the IAF in the state since 2006. A bench of Justices A K Jayasankaran Nambiar and Easwaran S said if the Rs 120 crore was freed up in this manner, the amount can be utilised immediately for the rehabilitation of the landslide victims in Wayanad. The bench asked the Centre to consider giving permission to temporarily free up the Rs 120 crore and relaxing the NDRF/SDRF norms so that the amount can be utilised for the rehabilitation purpose. "It is for a noble cause, so the central government should not have a problem," the court said and listed the matter on January 10, 2025 to await the Centre's response on the aspect. During the hearing, the bench also said that the sending of the bill of Rs 132 crore as airlift charges in October right after the state sought financial assistance from the Centre for ...

'Imperial' trademark dispute: HC says yes to settlement among Akoi family

Hardev had alleged that Jasdev had unilaterally made changes to the trademark and moved the court to prevent its unauthorised use

Communal harmony being maintained in Uttarkashi: State to Uttarakhand HC

Amid the ongoing dispute over a mosque in Uttarkashi, the state has submitted before the Uttarakhand High Court that communal harmony was being maintained in the town and any attempt to disturb it would be viewed strictly with necessary steps. The state government's submission was made before a division bench of acting Chief Justice Manoj Kumar Tiwari and Justice Pankaj Purohit by additional government advocate J S Virk on December 16, when a petition seeking protection of the mosque was again heard. The high court previously directed the district magistrate and the superintendent of police of Uttarkashi to maintain law and order in the vicinity of the mosque and keep the court apprised of the situation. The disputed mosque is situated on Bhatwari Road. Right wing outfits said the mosque was illegal whereas the petitioners claimed the contrary. The petitioner Alpasankhyak Seva Samiti moved court in November, a few days ahead of a Mahapanchayat by right wing outfits, scheduled to b

Infra works worth Rs 24,276 crore approved for Amaravati: Andhra minister

The Andhra Pradesh Capital Region Development Authority (APCRDA) chaired by Chief Minister N Chandrababu Naidu has approved infrastructure works worth Rs 24,276 crore in greenfield capital Amaravati, Municipal Minister P Narayana said. The approval during the 43rd APCRDA meeting caters to trunk roads, layouts and iconic buildings, he said. "The 43rd CRDA meeting approved Rs 24,276 crore funds for the construction of trunk roads, layouts and iconic bhavans (buildings) in Amaravati capital," said Narayana addressing a press conference at the Secretariat on Monday. He said that a total of Rs 45,249 crore funds were approved in the past four CRDA meetings. Narayana said that the upcoming Assembly building in the greenfield capital would be built in an area of 103 acres, stretching up to 11.2 lakh sq ft and will reach a height of 250 metres. When the Assembly is not in session, he said people can visit the top of the building to enjoy a bird's eye view of the capital while the 20.32 la

Guj properties law: Presumption of constitutionality attached to enactment

There is a presumption of constitutionality attached to every enactment, the Supreme Court on Monday said and dismissed a plea against a Gujarat High Court order refusing to suspend certain provisions of a 1991 state law over properties in disturbed areas. While hearing the challenge, Justices Dipankar Datta and Prashant Kumar Mishra, asked, "How can, by an interim order, certain provisions be suspended?" "There is a presumption of constitutionality attached to every enactment," it observed. The high court on October 28 rejected an application seeking suspension of certain provisions of the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in the Disturbed Areas Act, 1991. The law prohibits the transfer of immovable property in the disturbed areas of the state. The high court noted as far as the relief prayed for the suspension of certain provisions of the 1991 Act -- vires of which were challenged in the wri

Woman's death in 'Pushpa-2' screening: HC grants interim bail to Allu Arjun

The Telangana High Court on Friday granted interim bail to actor Allu Arjun, who was arrested earlier in the day by the city police in connection with the death of a woman during the screening of his movie 'Pushpa 2' here last week. The HC order came shortly after the actor was remanded to judicial custody for 14 days by a local court. Arjun was sent to the jail at Chanchalguda here following the remand, amid tight security arrangements.

Jharkhand HC puts stay on law giving 75% quota in pvt sector jobs to locals

The Jharkhand High Court has put a stay on the implementation of a state law that guarantees 75 per cent reservation to locals for jobs with salaries up to Rs 40,000 a month in the private sector in the state. A division bench, comprising Chief Justice MS Ramchandra Rao and Justice Deepak Roushan, heard a petition filed by a small-scale industries association challenging the provisions of the Jharkhand State Employment of Local Candidates in Private Sector Act, 2021 on Wednesday. As per the Act passed by the Jharkhand Assembly in 2021, every employer shall fill up 75 per cent of the total existing vacancies by local candidates with respect to such posts where the gross monthly salary or wages are not more than Rs 40,000. Jharkhand Small Scale Industries Association counsel AK Das submitted that the enactment has created a clear division between candidates from the state and aspirants from outside Jharkhand. Das claimed that the implementation of the Act is against the principles of

Trustees' body moves HC to seek closure of unauthorised schools in Thane

A private organisation of school trustees has said it has approached the Bombay High Court to demand immediate closure of unauthorised educational institutions in Diva area of Maharashtra's Thane district. The demand comes days after the headmistress of a private school in Mumbra area here was arrested for allegedly not informing police about the molestation of a 10-year-old girl by a man in the institution. The Maharashtra English School Trustees Association (MESTA) has claimed it was an unauthorised institution. Addressing a press conference on Tuesday, MESTA Thane district president Naresh Pawar condemned the incident and claimed the number of unauthorised schools in Diva has gone up to nearly 70 from 40 last year. He further claimed that students and parents were being exploited by these schools with false documents, such as mark sheets, school certificates, and bonafide certificates, being issued without legal authorisation. In the 2023-24 academic year, FIRs were filed again

Businessman Sanjay Bhandari's extradition appeal opens in UK High Court

Sanjay Bhandari, a consultant in the defence sector wanted in India on alleged tax evasion and money laundering charges, began an appeal in the High Court in London on Tuesday against his extradition order. The 62-year-old businessman had won permission to appeal against a November 2022 Westminster Magistrates' Court ruling clearing his extradition earlier this year. His lawyers began making their arguments in the case, which is listed for a three-day hearing this week with the judgment expected in the new year. Lord Justice Timothy Holroyde and Justice Karen Steyn began hearing representations from barristers James Stansfeld and Edward Fitzgerald at the Royal Courts of Justice on three main grounds of appeal whether the bar for criminality had been met in the English jurisdiction, whether a prima facie case had been made and whether the accused faces a risk of violence in an Indian prison. The Crown Prosecution Service (CPS), appearing on behalf of the Indian authorities, will ..

Lift toxic waste from Union Carbide plant within 4 weeks: HC orders MP govt

The Madhya Pradesh High Court has directed the state government to dispose of the toxic waste lying at the now-defunct Union Carbide factory in Bhopal, and said even 40 years after the gas disaster, the authorities are in a "state of inertia" that may cause "another tragedy". Describing it as a "sorry state of affairs", the high court asked the government to remove and transport the hazardous waste from the site within four weeks, failing which it will have to face contempt proceedings. Highly toxic gas methyl isocyanate (MIC) leaked from the Union Carbide factory during the intervening night of December 2-3, 1984, eventually killing 5,479 people and maiming more than five lakh others. In a strongly-worded order passed on Tuesday, a division bench comprising HC Chief Justice S K Kait and Justice Vivek Jain said, "We fail to understand that in spite of issuance of various directions from time to time by the Hon'ble Supreme Court as well as by this Court, pursuant to the plan dated ..

MUDA case: HC issues notice on Siddaramaiah's appeal against bench order

Karnataka High Court on Thursday issued notice to the state government and other respondents on an appeal filed by Chief Minister Siddaramaiah challenging the single judge bench's order upholding the Governor's decision granting approval for an investigation against him in the MUDA site allotment scam. The division bench of Chief Justice N V Anjaria and Justice K V Aravind posted the matter for further hearing on January 25, 2025. On October 24, the CM filed an appeal before the division bench of the High Court, challenging the decision of a single judge bench, which had come as a setback to him. Siddaramaiah is facing allegations of illegalities in the allotment of 14 sites to his wife Parvathi B M by the Mysuru Urban Development Authority (MUDA). The bench of Justice M Nagaprasanna on September 24 dismissed the CM's petition challenging Governor Thaawarchand Gehlot's approval for a probe against him in the case, observing that the gubernatorial order nowhere "suffers from want of

Are they trying to influence: K'taka minister after ED writes to Lokayukta

Karnataka Home Minister G Parmeshwara questioned the ED's intention behind writing the letter to the Lokayuta before the petition came up for hearing in High Court