Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC

The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. Explaining the scope of Order 47 Rule 1 CPC, a bench of Justice Mahesh Chandra...

Calcutta High Court Declines To Hear Former RG Kar Principal Sandip Ghosh's Plea For Bail, Directs Him To Approach Trial Court

The Calcutta High Court has declined to hear a plea for bail moved by former principal of RG Kar Medical College and Hospital Sandip Ghosh, who has been arrested by the CBI in connection with alleged financial irregularities at the college, as well as the rape and murder of a trainee doctor on the college campus.A single bench of Justice Tirthankar Ghosh directed Ghosh to approach the trial...

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224 (intentionally escaping or attempting to escape from...

Wife Of Lakshadweep Man Who Allegedly Went Missing From Police Custody Moves Kerala High Court Seeking SIT Probe

A plea has been moved before the Kerala High Court by the wife of a man who allegedly went missing while in police custody in Lakshadweep.His wife, a permanent resident of Lakshadweep has approached the Court seeking to set up a special investigation team headed by the Superintendent of Police, Lakshadweep to investigate the disappearance of her husband, while he was under police custody....

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12(5) of the Arbitration Act. The court further observed that this waiver is different from section 4 of the Act which can be waived even by...

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan directed the Indian Maritime University (IMU) to regularize the services of eight contractual employees. The Court ruled that their appointments, though irregular, were not illegal as they were made through a transparent recruitment process including public advertisement and interviews. The...

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. A single bench of Justice Ananya Bandopadhyay held:The relationship between the parties was indubitably consensual. The victim lady being an adult was aware of...

Madhya Pradesh HC Upholds Workman's Retrenchment By Krishi Upaj Mandi Samiti Noting Compliance Of Section 25F Industrial Disputes Act

The Gwalior bench of Madhya Pradesh High Court, in a case regarding labour laws, set aside a Labour Court order which had directed the reinstatement of a workman with 50% back wages, after noting that the retrenchment of the workman by the concerned organisation was done following the due process of law.In doing so the court observed that the petitioner–Krishi Upaj Mandi Samiti (Pichhore),...

Delhi High Court Cancels LOC Against Ashneer Grover, Wife After Quashing Of EOW FIR

The Delhi High Court yesterday ordered cancellation of the look out circular (LOC) issued against former BharatPe Managing Director Ashneer Grover and his wife Madhuri Jain Grover after quashing of Delhi Police's Economic Offences Wing's (EOW) FIR registered last year. Justice Sanjeev Narula passed the order after he was informed that a coordinate bench had yesterday quashed the FIR. The...

Liquor Policy: Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Maintainability Of ED Complaint

Former Delhi Chief Minister and Aam Aadmi Party (AAP) supremo Arvind Kejriwal moved the Delhi High Court on Tuesday (November 12) challenging the maintainability of complaint filed by the Enforcement Director's (ED) in the alleged liquor policy scam. He has challenged a a trial court order passed on September 17 rejecting his plea challenging the summons issued to him on ED's complaint.A...

Dolly Workers With Police Verification Certificate, Health Cards To Carry Pilgrims To Sabarimala: Kerala High Court Issues Directions

The Kerala High Court has recently issued directions to ensure the fitness of 'dollies' (cane chairs) that are used to carry devotees at Sabarimala.The court said that the Travancore Devaswom Board shall ensure the fitness of the dollies used for carrying pilgrims through the trekking path before the commencement of each Maasapooja and Mandala-Makaravilakku festival season. For context, a...

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC

Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951 (“the Rules”) is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. However, suspending an employee over...