The Courtroom

The Bombay High Court Dismisses the Petition and Holds That the Court Need Not Adopt Different Reasoning Merely Because Such an Alternative Is Possible

Excerpt The petition sought to assail the order passed under Section 17 by a Sole Arbitrator where the Sole Arbitrator declined to grant the relief sought in the application under Section 17. The matter involved a dispute between the partners...

Being seen last together does not necessarily mean that it was the accused who committed the crime: Bombay High Court

EXCERPT This appeal is directed against the judgment dated 24.02.2014, which convicted the accused under Sections 302, 201 read with 34 Indian Penal Code.    FACTS The informant Sanjay Ware resided at his agricultural land along with his wife Vaishali (deceased), two sons,...

The Original Owner Has No Right to Seek the Restoration of the Land, Once Vested With the State – Madras High Court

Excerpt Recently, Madras HC held that once the land has been acquired by the State and compensation has been given to the claimant, the claimants are not entitled to restoration of property on the grounds that either the primary public objective...

Karnataka High Court Gives a Green Signal to Conduct the Secondary School Leaving Certificate Examination in the Third Week of July.

Excerpt On 12.07.2021, the Karnataka High Court had heard a Writ Petition in public interest regarding the cancellation of the SSLC examination in the state. The court observed that there was no arbitrariness in the decision to conduct the examination...

Children to Be Provided With Food and Nourishment According to National Food Security Act, 2013: Madras High Court

A Bench led by Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy instructed the State to take immediate notice of the matter and bring up recommendations to facilitate the implementation of such an initiative in aid of school children. Facts The...

Court Cannot Issue a Writ of Mandamus for Reconveyance of Land When the Petitioner Has No Right Over It: Madras High Court

On the 12th day of July 2021, the Honourable High Court of Tamil Nadu heard and dismissed a Civil Writ Petition filed under Article 226 of the Indian Constitution. The High Court of Judicature at Madras was approached by...

Election Documents Cannot Be Disclosed Unless the Election Procedure Is Challenged: Madras High Court

Excerpt A division bench led by Chief Justice Sanjib Banerjee and Senthilkumar Ramamoorthy heard a petition submitting an issue that the Election Commission may have diverse documents, including the paper trail relating to voting in the electronic public or person,...

Court Cannot Deal With Matters Based on the Personal Sense of Morality of Individual Complainant: Madras High Court

Excerpt A Bench led by Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, while disposing of the PIL opined that the Petitioner should first approach the government for relief since the matters relating to a question of policy. There is...

Public Health at Risk on ‘Right to Refuse’ COVID Vaccine: Madras High Court

Excerpt A Division Bench led by Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy heard a PIL filed for the requirement of vaccination of persons who are either homebound or with profound disabilities. They expressed their opinion on the 'right...

New Bar Council of India Rules Challenged As Unconstitutional and Violative of Fundamental Rights

Excerpt  The Kerala High court heard a petition filed by Advocate Rajesh Vijayan, a member of the Kerala Bar Council challenging amendment of Bar Council of India Rules whereby sections V and V-A have been inserted in violation of the...

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Sweden’s Idealistic Equality 

Introduction On 28th​ August, 2020 violent protests broke out in the southern Swedish city of Malmo after followers of far-right...

Gujarat HC Dismisses Petition to Allow Parsis to Perform Customary Funeral Rites; Says Fundamental Rights Are Subject to Public Order, Morality and Health

The Gujarat High Court dismissed the petition seeking directions from the Court permitting the petitioners to carry out funeral rites according to their religious practices and held that “the safety and the welfare of the State is the supreme law.”

Right of Senior Citizen to Exclusively Reside in Own House Must Be Viewed From Prism of Article 21: Calcutta HC

The Calcutta High Court while holding that senior citizen’s have exclusive right to reside in their house stated that their children and children’s spouses are only licensees.

Kerala HC Rejects Plea Against Road Widening; Says God Will Forgive Us if Religious Institutions Are Affected by Road Development Projects

According to the Kerala High Court, the petitions had raised no valid point which proved mala-fide intentions or illegality on the part of the respondents.

SC Upholds the Order of National Green Tribunal Banning Firecrackers in Areas With Poor Air Quality

The Hon’ble Supreme Court upheld the order of the National Green tribunal in banning the use of firecrackers during Covid-19 in areas with poor air quality. According to the Court it was the need of the hour.