Topic
Delhi HC directed the MCD to find alternative vending space for the petitioner within two weeks, requiring cart vending, a gas cylinder, hygiene compliance and non-obstruction, thereby protecting the vendor’s livelihood and addressing MCD safety concerns.
Andhra Pradesh High Court rules that seizure of a boat under APMMC Rules without following prescribed procedure infringes constitutional rights to equality, livelihood, and personal liberty. The court directed release of the boat on deposit of Rs. 1.5 lakh, reinforcing that environmental regulations must comply with fundamental rights and natural justice.
The Allahabad High Court has ruled that agricultural loan recovery cannot proceed through forced land auction when the borrower is a small farmer willing to repay in installments, affirming that livelihood protection overrides rigid asset recovery. This sets a critical precedent for banks and recovery officers to apply proportionality and humane discretion under SARFAESI proceedings, especially when the debtor’s primary asset is their means of subsistence.
Telangana High Court rules that vehicles seized for overloading offences must be released upon payment of the compounding fee under Section 200(1) of the Motor Vehicles Act, 1988, irrespective of the owner’s knowledge. The judgment reinforces the statutory right to compound offences, ensuring livelihood protection for transporters and vehicle owners.