Posts

Showing posts with the label High Court Judgment

JHARKHAND HIGH COURT FINES WATER RESOURCES DEPARTMENT OFFICIALS FOR FILING “FRIVOLOUS AND BOGUS” REVIEW PETITION

Image
INTRODUCTION The Jharkhand High Court has imposed a cost of ₹1,00,000 on officials of the State Water Resources Department for filing what it termed a “most bogus and frivolous” civil review petition, observing that the petition was filed with the oblique motive of delaying execution of an arbitral award payable to a Bihar-based construction company, M/s R.K. Construction Private Limited. The Court directed that the fine be paid personally by the concerned officials and deposited with the Jharkhand State Legal Services Authority (JHALSA). CASE BACKGROUND AND ARBITRATION AWARD The dispute arose out of civil works carried out in Jamshedpur under the Subarnarekha Multipurpose Project. The construction company was awarded approximately ₹2.5 crore through arbitration, following a dispute with the Water Resources Department over unpaid dues for executed works. After the arbitral award, the company initiated execution proceedings before the competent court to recover the awarded amount. Durin...

Allahabad High Court Refuses Police Protection to Live-In Couple: Freedom vs. Legal Rights

Image
Background of the Case The Allahabad High Court, in a recent ruling dated 7 November , declined to grant police protection to a couple claiming to be in a live-in relationship. The petition was filed by Sonam and her alleged partner (referred to as petitioner no. 2), who sought a writ of mandamus to restrain the woman’s husband and the police from interfering in their lives. The Court emphasized that the woman was still legally married under the Hindu Marriage Act , and therefore, the claimed “live-in relationship” could not be accorded legal protection. Court’s Key Observation: Freedom Cannot Override Legal Rights Freedom vs. Statutory Rights Justice Vivek Kumar Singh held that although an adult has autonomy over personal choices, including relationships, such autonomy is not absolute . The Court clarified that the right to personal liberty under the Constitution cannot be exercised to violate the statutory rights of another person . Quote from the judgment: “A spouse has sta...