News Updates
High Court Cannot Admit Regular Second Appeal Without Framing Substantial Questions Of Law : Supreme Court
A Division Bench of the Supreme Court, while hearing an appeal, re-iterated the established position of law related to Section 100 of the CPC. The Court observed that the provision clearly indicates that first appellate court is the final court on questions of facts but only if there is any substantial question of law, a second appeal could be considered and raised by the High Court and...
Article 370 Case | "If They're Allowed To Do This, Heavens Know What Else They'll Do" : Gopal Sankaranarayanan Warns Against Potential Mischief [Day 9]
"If they're allowed to do this, heaven knows what else they would do!," exclaimed Senior Advocate Gopal Sankaranarayanan today on the ninth day of Constitution Bench hearing in the pleas challenging dissolution of Jammu and Kashmir's special status under Article 370. Sankaranarayanan, while concluding the arguments for petitioners, used certain "extreme examples" to argue that upholding...
Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders
In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act (RTI) have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.Justice Vikas Bahl thus directed authorities handling appeals under the Right...
Second Marriage Not Sufficiently Proved: Allahabad High Court Sets Aside Govt Servant's Dismissal From Service On Bigamy Allegations
The Allahabad High Court recently set aside the dismissal of a government employee for allegedly entering into a second marriage during the subsistence of his first marriage, finding merit in the petitioner's argument that the punishment was unjust since the alleged second marriage was not sufficiently proven.Justice Kshitij Shailendra further held that even if the second marriage was...
“How Can We Start Selling Bail Like This": Supreme Court Says Onerous Bail Conditions Must Not Be Imposed Ordinarily
The Supreme Court on Wednesday(August 23) emphasised that bail with onerous conditions should only be granted under exceptional circumstances and not in ordinary matters. The bench asserted that pre-trial detention should only be employed when there is a clear threat to society or a genuine concern that the accused could tamper with evidence or influence witnesses. The court also referred to...
Delhi High Court Orders Routine Inspections To Assess Animal Welfare In Preparation Of Anti-Venom And Anti-Rabies Serums
The Delhi High Court has directed the Committee for the Purpose of Control and Supervision of Experiments on Animals and other government bodies to continue conducting routine inspections to assess the welfare and well-being of animals in preparation of anti-venom and anti-rabies serums.CPCSEA is a statutory body formed under the Prevention of Cruelty to Animals Act, 1960. Anti-toxins...
Supreme Court Discusses 'Self-Limiting' Nature Of Article 370, Asks How J&K Constitution Can Bind Indian Parliament [Day 9]
The ongoing hearings regarding the petitions challenging the abrogation of Article 370, which granted special autonomy to the region of Jammu and Kashmir, reached their ninth day today. The proceedings are being conducted by a Constitution Bench led by Chief Justice DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.As the petitioners...
UP 'Goondas Act' Being 'Rampantly Misused': Allahabad HC Directs UP Govt To Frame Uniform Guidelines For Its Invocation By Oct 31
Observing that the provisions of Uttar Pradesh Control of Goondas Act, 1970 are being rampantly missed, the Allahabad High Court has directed the State Government to form uniform guidelines by October 31 regarding the applicability of this Act The bench of Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi ordered thus as it observed that in the state of UP, there is no uniformity...
Medical Board Can Only Decide Extent Of Candidate's Disability, Not Their Eligibility For A Course: Karnataka High Court
The Karnataka High Court has recently held that the Medical Board as an expert body is only authorised to determine the extent of a candidate's disability, and cannot draw a conclusion about whether a candidate would be eligible to pursue a medical course.A division bench of Justice G Narendar and Justice Vijaykumar A Patil on going through the records added that the Medical Board is not...
Justice Prakash Shrivastava Takes Oath As New Chairperson Of NGT
Former Chief Justice of the Calcutta High Court, Justice Prakash Shrivastava, took oath today as the new Chairperson of the National Green Tribunal in the presence of all the members of the principal and zonal benches.Highlighting the constitutional safeguards, Justice Shrivastava said that, “Right to healthy environment has been construed as a part of right to life under Article 21 of...
Courts Can Partially Set Aside An Arbitration Award, Doctrine Of Severability Is Enshrined Under Section 34 Of The A&C Act: Delhi High Court
The Delhi High Court has held that the Courts exercising powers under Section 34 of the A&C Act has the power to partially set aside an arbitration award to strike off the offending portion of the award while retaining the remaining award. The bench of Justice Yashwant Varma held that the doctrine of severability of arbitration award is explicitly recognised under Section...
Difference Between 'Mortgage By Conditional Sale' & 'Sale With Condition Of Retransfer' : Supreme Court Explains
The Supreme Court in the judgment Prakash (Dead) By LR. v. G. Aradhya & Ors has explained the concepts of 'mortgage by conditional sale' and 'sale with condition of retransfer'.Referring to Section 58(c) of the Transfer of Property Act, 1882 (TPA), the Court observed, “A deeming fiction was added in the negative that a transaction shall not be deemed to be a mortgage unless the...