Page 3 - High Court

SC criticises HC orders fixing time limits for trial while denying bail

Deprecating the orders passed by the high courts fixing a time-bound schedule for conclusion of trial while rejecting bail applications, the Supreme Court has said such directions were difficult to implement and give a false hope to the litigants. The apex court said such directions adversely affect the functioning of the trial courts as in many trial courts, there may be pending older cases of the same category. "Before we part with this order, every day we notice that in several orders passed by different high courts while rejecting the bail applications, in a routine manner, the high courts are fixing a time-bound schedule for the conclusion of the trials," said a bench of Justices Abhay S Oka and Augustine George Masih. The top court passed the order while granting bail to a man, who has been incarcerated for two and a half years in a case of alleged counterfeit currency notes. While granting him the relief, the bench noted that trial was not likely to conclude in a reasonable

SC rejects appeal challenging Trai tariff orders, upholds HC decision

The Supreme Court on Friday rejected an appeal challenging the telecommunication tariff orders of the Telecom Regulatory Authority of India (TRAI) and affirmed the Kerala High Court verdict that such matters should be dealt by telecom tribunal TDSAT. The Kerala High Court had refused to entertain the plea of Indian Broadcasting and Digital Foundation (IBDF) against certain provisions of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 issued by TRAI. The high court had said that IBDF should have approached the TDSAT (Telecom Disputes Settlement Appellate Tribunal) to review the tariff orders. A bench comprising Justices P S Narasimha and Sandeep Mehta dismissed the plea, saying "Tariff orders can be challenged before TDSAT under the regulations." The challenge to the regulations themselves can later come to this

Bangladesh court acquits former PM Khaleda Zia in corruption case

Bangladesh High Court on Wednesday acquitted former prime minister and BNP Chairperson Khaleda Zia in a corruption case in which she was sentenced to seven years in jail by a lower court, according to media reports. Zia, 79, was convicted in the Zia Charitable Trust corruption case in 2018 by a Dhaka court. It also sentenced her to seven years imprisonment under the former prime minister Sheikh Hasina's Awami League government and fined her Tk 1 million. A bench of Justices AKM Asaduzzaman and Syed Enayet Hossain overturned the decision based on an appeal by Zia, the bdnews24.com news portal reported. Two others accused in the case were also acquitted by the court. The graft case was filed in 2011 by the Anti-Corruption Commission with Tejgaon Police Station, accusing Zia and three others of abusing power to raise funds for the trust from unknown sources, the Daily Star news portal reported. The Bangladesh Nationalist Party (BNP) Chairperson was lodged in the Old Dhaka Central Jail

Amazon scam: Karnataka HC rejects plea to quash FIR in Rs 69 lakh case

The Karnataka High Court has dismissed a petition seeking quashing of an FIR against two individuals accused of defrauding e-commerce giant Amazon of over Rs 69 lakh. Justice M Nagaprasanna described the case as an example of modern age crime. The petitioners, Sourish Bose and Deepanvita Ghosh, had sought to have the FIR and a magistrate court's order taking cognisance of the case set aside. The duo was booked in 2017 after an Amazon employee uncovered their alleged fraudulent activities, which had reportedly been going on for years. According to the complaint, Bose would order high-end products from Amazon using his bank account, have them delivered to Ghosh's address, and request a return within 24 hours. After obtaining a refund, Bose allegedly used to replace the genuine items with cheap imitations, re-packed them, and send them back to Amazon. The prosecution stated that the return addresses were sometimes linked to Ghosh's residence, while other times they were associated wi

Atrocities case: Wankhede moves HC seeking probe against Nawab Malik

Sameer Wankhede, former zonal director of the Narcotics Control Bureau (NCB), has urged the Bombay High Court to transfer the probe into an atrocities case against NCP leader Nawab Malik to an independent agency like the CBI. Wankhede, an additional commissioner in the Directorate General of Taxpayer Services and a member of the Mahar Scheduled Caste, alleged in his plea that police inaction in the matter has caused him and his family significant mental distress and humiliation. The Indian Revenue Services (IRS) officer had in August 2022 lodged a complaint with the suburban Goregaon police against Malik under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The complaint alleged that Malik had during interviews and on social media made defamatory remarks against Wankhede and his family members based on his caste. Malik has neither been arrested in the case nor has the chargesheet been filed till date. In his petition filed on November 20 in HC, Wankhede .

MP HC bar association not to appear for farmers accused of stubble burning

The Madhya Pradesh High Court Bar Association has decided that none of its member lawyers will fight the cases of farmers related to stubble burning citing environmental reasons. An official of the association said stubble burning not only creates pollution, but also causes the deaths of living organisms. President of the association advocate D K Jain said that in its executive committee meeting, discussion was held and concerns were expressed about the dangers posed to public life due to incidents of stubble burning across the country. People are suffering from many diseases due to stubble burning. At present, the practice of burning stubble is increasing in the country, he said. Jain said that in the interest of the country, supporting the ban on stubble burning, it has been decided that the advocates associated with the association will not appear for the accused farmers in the stubble burning cases. According to news reports, Madhya Pradesh ranks first in the country in ...

HC orders attachment of Delhi's Himachal Bhawan as govt fails to clear dues

The Himachal Pradesh High Court has ordered the attachment of the Himachal Bhawan in Delhi for the recovery of Rs 150 crore that the state government owes to a power firm, Seli Hydropower Electrical Company. Passing the order on Monday, a single-judge bench of Justice Ajay Mohan Goel said the company may take appropriate steps for auction of Himachal Bhawan located in central Delhi's Mandi House area thereof. The case pertains to the 340 MW Seli Hydropower Electric Project on the Chenab river in Lahaul and Spiti district. The state government awarded the project to Seli Hydro Electric Power Company Limited/Moser Baer and issued the Letter of Allotment (LOA) on February 28, 2009, following which the firm deposited the upfront premium of Rs 64 crore. However, the project did not materialise. The state government cancelled the LOA and ordered forfeiture of the upfront premium. The company challenged the decision before an arbitrator which ruled in its favour and asked the government

Bombay HC upholds rape conviction, says consent cannot apply to minor wives

The Bombay High Court upheld a 10-year prison sentence for a man found guilty of raping his minor wife, stating that consensual sex with a minor is legally considered rape, even in marriage

Give priority to 'absolute blindness' over 'low vision' in jobs: K'taka HC

Candidates with 'absolute blindness' would be prioritised over 'low vision' for specific employment opportunities, provided the disability does not affect their job performance

HC rejects UBI plea seeking transfer of Valmiki scam probe to CBI

The Karnataka High Court on Wednesday dismissed a petition by Union Bank of India seeking transfer of the investigation of the alleged scam involving the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd to the CBI. The petition was heard by Justice M Nagaprasanna, who ruled that Section 35A of the Banking Regulation Act could not be used as grounds for such a transfer. He noted that allowing this could lead to an overreach by banking institutions, potentially undermining the Delhi Special Police Establishment Act (DSP Act). The case, reserved for judgment on September 30, focused on two main questions: whether the petition should be referred to the Supreme Court under Article 131 of the Constitution, and if Section 35A of the Banking Regulation Act justified seeking a CBI investigation without invoking the DSP Act. The Karnataka government, represented by senior advocate B V Acharya, argued against allowing the petition, stating that the state police have the

Supreme Court dismisses plea to turn off 'machine' controlling man's brain

The appellant alleged that a 'human brain reading machinery' had been obtained by certain individuals at the Central Forensic Science Laboratory (CFSL) and was being used to control his brain

Anti-Sikh riots case: Jagdish Tytler moves HC to get stay on trials

Congress leader Jagdish Tytler on Monday urged the Delhi High Court to stay the trial proceedings against him in a case related to the killing of three persons in north Delhi's Pul Bangash area during the 1984 anti-Sikh riots. Tytler's counsel submitted that the case is listed for recording of evidence of prosecution witness before a trial court on Tuesday and the lower court be directed not to proceed with the matter till the high court decides his plea challenging framing of charges of murder and other offences against him. Justice Manoj Kumar Ohri, who had earlier granted time to Tytler to file certain additional documents, noted that though the documents have been filed, they were not on record. The high court directed the registry to place the documents on record during the day and said it would take up the matter at 2:15 PM. Tytler's petition challenging framing of charges against him is already listed before the high court on November 29 and during its pendency, the leader .

Proceedings transfer from judicial officer not on apprehension of bias: HC

The Bombay High Court has said transfer of proceedings from a judicial officer cannot be done on mere allegation by one party, and dismissed a petition of the Lilavati Hospital's trust founder alleging bias against the Charity Commissioner. A single bench of Justice Sharmila Deshmukh last month refused to transfer the proceedings pertaining to a dispute between the trustees from the Charity Commissioner to any other judicial officer, noting there was no reasonable apprehension of bias or prejudice. The HC said passing of an adverse order cannot be the foundation for seeking transfer of proceedings. "It is necessary to ensure for securing the ends of justice that a mere allegation is differentiated from an apprehension and what is required is a reasonable apprehension. An absence of congenial atmosphere cannot be a ground for transfer," it said. The court dismissed the petition filed by the Lilavati Kirtilal Mehta Medical Trust founder Charu Mehta and permanent trustees Rajesh Mehta

Japan high court rules country's ban on same-sex marriage unconstitutional

A second Japanese high court ruled Wednesday that the government's policy against same-sex marriage is unconstitutional, the latest in a series of decisions upholding plaintiffs' demands for marriage equality. The Tokyo High Court called the ongoing ban a groundless legal discrimination based on sexual orientation, saying it violates the constitutional guarantee of right to equality, as well as individuals' dignity and equality between sexes. It was a clearer statement than the 2022 lower court decision that described the situation as an unconstitutional state. The Sapporo High Court ruling in March said not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. Wednesday's ruling is the seventh overall that found the ongoing ban to be unconstitutional or nearly so, against only one district court decision that found it constitutional. The rulings can still be appealed to the Supreme ...

'Let Centre decide': Delhi HC on plea over Rohingya school admissions

The Delhi High Court on Tuesday refused to entertain a plea seeking directions to enrol Rohingya refugee children in local schools, saying it was the Centre's domain. A bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela said the matter pertained to "international issues" having ramifications on security and nationality, and therefore, the petitioner should make a representation to the Union Ministry of Home Affairs. Petitioner NGO, Social Jurist, submitted the Delhi government and the MCD were not granting admissions to these children from Myanmar in their schools for want of an Aadhaar card. The court said the petitioner's representation would be decided by the authorities as expeditiously as possible. "Let (Ministry of) Home Affairs (MHA) take a call on this. There are a lot of issues involved. We can't get involved. Let it go to the MHA," the bench said. The court observed "Rohingyas were foreigners" who hadn't been "officially and legally granted entry into

SC stays HC order of Rs 1 lakh cost on advocate for wasting court's time

The Supreme Court has stayed an order of the Allahabad High Court which imposed costs of Rs 1 lakh on an advocate for wasting the court's "precious time" and arguing a case wearing a lawyer's robe and a band despite being a petitioner in-person. A bench of Justices Surya Kant and Ujjal Bhuyan issued limited notice on whether adverse remarks made by the high court against advocate Mehmood Pracha need to be expunged. "Issue notice for the limited purpose as to why the observations made by the high court against the petitioner be not expunged and why the order imposing cost be not set aside, returnable on December 9, 2024. "Meanwhile, the impugned order dated September 10, 2024, to the extent of imposition of cost shall remain stayed," the bench directed. Pracha moved the top court against an order of the Allahabad High Court which found him guilty of wasting "precious time" for filing a petition which was already filed before Delhi High Court. The high court had also noted that Prac

Delhi HC calls for random checks to enforce auto fare meter compliance

The petitioner Anand Mishra stated that fare meters have not been operational since 2018, and the respondent authorities have failed to take corrective action

Muslim men can register multiple marriage as their personal laws permit: HC

A Muslim man can register more than one marriage as their personal laws permit multiple marriages, the Bombay High Court held in a case of a man seeking to register his union with his third wife. A division bench of Justices B P Colabawalla and Somasekhar Sundaresan on October 15 directed the deputy marriage registration office of the Thane Municipal Corporation to decide the application filed by a Muslim man in February last year seeking to register his third marriage with a woman from Algeria. The couple, in their plea, sought direction to the authorities to issue them a marriage certificate, claiming that their application was rejected as this was the man's third marriage. The authorities refused to register the marriage on the ground that under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriage Act, the definition of marriage contemplates only a single marriage and not multiple unions. The bench, however, termed the authority's refusal as "wholly ...

DU campuses still 'shabby', defaced walls should be painted: Delhi HC

The Delhi High Court has said campuses at the Delhi University were yet to recover from student unions' "election excesses" and looked "shabby" as posters and graffiti hadn't been removed as it directed the candidates to clean up the place and repaint the defaced walls. A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela impleaded 16 students, who had contested the Delhi University Students' Union (DUSU) 2024-25 elections held on September 27, as parties to the proceedings while directing them to appear before it on October 28 and explain their conduct. The high court said the cleaning work should be done by the student candidates in collaboration with the university or colleges. On the prayer of the petitioner, the court impleaded as respondents -- Bhaanu Pratap Singh, Ronak Khatri, Yash Panwar, Rishabh Chaudhary, Lokesh Chaudhary, Yash Nandal, Rahul Singh Dedha, Aman Kapasia, Deepika Jha, Aman Kapasia, Shivam Maurya, Himanshu Nagar, Aaryan Maan, Rishi Raj Singh, Rahul

Morbi bridge tragedy: Gujarat HC rejects demand to transfer case to CBI

The Gujarat High Court has refused to hand over the investigation into the 2022 Morbi bridge collapse tragedy to the Central Bureau of Investigation (CBI) as sought by the kin of the victims. The court can not look into the correctness of the ongoing investigation, said a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi. The court was hearing a suo motu public interest litigation (PIL) initiated after the October 30, 2022, incident at Morbi in Gujarat in which 135 persons lost their lives when a British-era suspension bridge on the Machchhu river collapsed. Some of the victims and kin of the deceased sought reinvestigation of the entire case through the CBI, accusing Gujarat Police of not carrying out a proper investigation and not making any civic official accused despite a Special Investigation Team holding some of them responsible. In a separate application submitted last month seeking a CBI probe, the victims argued that the then district collector was