Manipur High Court
Manipur High Court Notifies 'HC (Designation Of Senior Advocates) Rules 2022'
The Manipur High Court has notified the High Court Of Manipur (Designation Of Senior Advocates) Rules, 2022 in the exercise of its powers conferred by Section 34(1) read with Section 16(2) of the Advocates Act, 1961, and in accordance with the guidelines laid down by the Supreme Court of India.The Rules provide that High Court may designate an Advocate as Senior Advocate, if in its opinion,...
Constitute Special Committee For Monitoring Drug Cases At State Level To Weed Out Drugpeddling: Manipur HC To State Govt
The Manipur High Court has directed the state government to constitute a Special Committee for monitoring the drug cases at the State Level, with the formation of Sub-Committees at the District Level to weed out drug peddling.The bench of Justice M. V. Muralidaran observed that the State of Manipur which is called as jeweled land/Kangleipak or Meeteileipak is facing the menace of the illegal...
Order 14 Rule 2 CPC | Where Suit Involving Mixed Question Of Law & Fact Can Be Disposed On Issue Of Law Alone, Same Must Be Decided First: Manipur HC
The Manipur High Court has recently held that Order 14 Rule 2(1) CPC is a general rule which provides that the Court shall pronounce judgment on all issues, notwithstanding the fact that the case may be disposed of on a preliminary issue.However, it added that an exception to this Rule is provided under Order 14 Rule 2(2), which states that where issues of law and of fact arise in the same...
S.428 CrPC | Period Of 'Simple Imprisonment' During Pre-Conviction Detention Can Be Set-Off Against Sentence Of Rigorous Imprisonment: Manipur HC
The Manipur High Court has clarified that the operation of Section 428 Cr.P.C. will be 'automatic', unless the benefit is denied by judgment. It further made it clear that even if the pre-conviction period of detention suffered, is in the nature of 'simple imprisonment', it would still be liable to be set-off against a sentence of 'rigorous imprisonment' under the Section. Notably,...
Cognizance Can't Be Taken For Offence U/S 188 IPC Unless Complaint Is Made By Public Servant Or His Superior: Manipur High Court
The Manipur High Court has held that Magistrate cannot take cognizance of a complaint involving an offence punishable under Section 188 IPC, if that is made by a third party and not by the public servant who promulgated the order or by the one to whom he (the public servant) is administratively subordinate. A Single Judge Bench of Chief Justice Sanjay Kumar...
S.21 Of General Clauses Act Can't Be Used To Review 'Award' Made Under Land Acquisition Act, 1894: Manipur High Court
The Manipur High Court has recently held that Section 21 of the General Clauses Act, 1897 ("the Act of 1897") cannot be employed to review an 'Award' made under the Land Acquisition Act, 1894 ("the Act of 1894"). While dismissing the writ appeal preferred by the State, a Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran held, "It may however be noted that Section 21...
"Despotic Exercise Of Power": Manipur High Court Raps Commandant General Of Home Guards For Recommending Arbitrary Promotions
The Manipur High Court came down heavily upon an arbitrary and irrational promotion of a 'Company Commander' to the post of 'Battalion Commander' in the Manipur Home Guards, ignoring the officers who were senior to him. A Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran criticised the lackadaisical manner in which the Commandant General of Home Guards...
Mere Failure To Maintain "True & Correct" Account Of Election Expenditure Not 'Corrupt Practice' U/S 123(6) Representation Of People Act: Manipur HC
The Manipur High Court has held that mere failure to maintain a true and correct account of election expenditure would not per se amount to 'corrupt practice' under Section 123(6) of the Representation of People Act, 1951 ("the Act"), in the absence of allegation as to excess expenditure than the maximum prescribed amount.While dismissing the election petition filed against...
Non-Supply Of Findings And Opinion Of The Court Of Inquiry Would Vitiate An Order Awarding Punishment: Manipur High Court
On Friday, the Manipur High Court observed that non-supply of findings and opinion of the Court of Inquiry would vitiate a censure order. The High Court added that it is the bounden duty of the concerned authority to furnish such findings and opinion before awarding punishment. Justice M.V. Muralidaran allowed a writ petition, which assailed the censure order imposed by the officers...
Widely Publicise Applicability Of COVID Relief Scheme To Transgender Persons: Manipur High Court Directs State Govt
The Manipur High Court last week directed the state government to ensure that it is made known to the general public that the benefit of the Chief Minister's COVID Affected Livelihood Support Scheme is also available to those households too wherein either a member of the main bread-earner is a transgender person. The Bench of Chief Justice Sanjay Kumar and Justice M. V. Muralidaran was hearing...
"Natural Justice Principles Violated": Manipur HC Sets Aside Legislative Assembly Speaker's Disqualification Order Against An MLA
The Manipur High Court last week set aside a disqualification order passed by the Speaker, 11th Manipur Legislative Assembly against an MLA, Tongbram Robindro Singh in June 2020.The Bench of Chief Justice Sanjay Kumar and Justice M. V. Muralidaran held that there was is a clear and flagrant violation of the principles of natural justice while passing the disqualification order as no...
