News Updates
Uddhav Thackeray Led Maharashtra Government Retains Senior Advocate AA Kumbhakoni As Advocate General [Read Notification]
The new state government in Maharashtra led by Chief Minister Uddhav Thackeray has retained Senior Advocate Ashutosh Arvind Kumbhakoni as Advocate General of Maharashtra.The said notification dated December 7, 2019 signed by Chief Secretary Ajoy Mehta states that Kumbhakoni is being retained in continuation of the earlier notification for his appointment as Advocate General dated June 7,...
High Courts Weekly Round-Up
Allahabad High Court In a big relief to alumni of Jharkhand State Open School pursuing different courses at the APJ Abdul Kalam Technical University (AKTU), the High Court held that the University could not delete their names from the college enrollment list merely because the school was found to be non-recognized, post admissions.Holding that a student cannot be deprived of...
An Advocate Cannot Be Criminally Liable For Negligence In Performing Professional Services: Chhattisgarh HC [Read Judgment]
While quashing criminal proceedings against an Advocate, the Chhattisgarh High Court reiterated that negligence in performing professional services cannot attract criminal liability. "It is true that the petitioner could have exhibited more and greater professional care and competence, yet in failure to exercise the same, she could not have been held criminally liable," Justice Sanjay...
Allahabad HC Dismisses Ex-BSF Jawan's Petition Challenging Election Of PM Modi From Varanasi [Read Judgment]
Reiterating that an election petition can be filed only by an elector or a duly nominated candidate, the Allahabad High Court dismissed the petition filed by ex-BSF jawan Tej Bahadur Yadav challenging Prime Minister Narendra Modi's election from Varanasi constituency. A single bench of Justice Manoj Kumar Gupta dismissed the petition filed by the former soldier, who was dismissed...
Electoral Bonds: Majority Of Political Parties Fail To Honour SC Deadline In Submitting Details to ECI [Read List]
As the controversy around Electoral Bonds continues to gather steam, the political parties have given a go-by to the Supreme Court's deadline for submitting details to electoral bonds including the particulars of the donors to the Election Commission of India (ECI). An RTI response has revealed that nearly all 97 political parties including the Bharatiya Janata Party (BJP) and the...
Registration Of 'Zero FIR' Mandatory When A Crime Committed Outside Of Jurisdiction Reported: Delhi HC
The Delhi High Court directed the Commissioner of Police, Delhi to take action against the police officers who refused to register 'Zero FIR', for their inaction as per law. And also directed the Commissioner of Police to issue a circular to all the police stations in the city to lodge a 'Zero FIR' when they receive a complaint cognizable offence even if the offence has occurred...
Merely Because Property Comes Under Wakf, It Would Not Oust Jurisdiction Of Civil Court: Bombay HC [Read Judgment]
The Bombay High Court on Wednesday ruled that the exclusion of jurisdiction of civil courts over cases relating to a Wakf property would not extend beyond the bar prescribed in Sections 6(5), 7 and 85 of the Wakf Act, 1995. Justice RV Ghuge of the Aurangabad bench heard a writ petition filed by Syed Abdulla, a 75-year-old labour from Nanded district who had raised an issue as...
Family Court Shall Hear Domestic Violence Case Along With Matrimonial Dispute Says Bombay HC [Read Order]
The Bombay High Court last month allowed transfer of a pending criminal proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 to the Family Court at Pune to be tried along with the pending divorce petition in the interest of justice.Justice SC Gupte heard the application for such transfer filed by Santosh Mulik, the husband. Mulik submitted before the court...
Unnao Tragedy : Why Allahabad HC Granted Bail To Prime Accused? [Read Order]
Ten days before the complainant in the Unnao rape case was set ablaze by five men including two of her alleged rapists, the Allahabad High Court had granted bail to the prime accused Shivam Trivedi. "Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail", Justice Rajeev Singh had ordered on November 25 while...
Consumer Forums/Commissions Cannot Consider Complaint/Appeal On Merits After Finding That It Is Time Barred: SC [Read Order]
The Supreme Court has observed that a Consumer Forum/Commission after having come to the conclusion that the complaint/appeal was barred by limitation, could not consider the merits of the matter.In this case, the National Consumer Disputes Redressal Forum, refused to condone a delay of 150 days in preferring the First Appeal. Having found thus, it also observed that there was apparent lack...
Right To Reform Is An Essential Part Of Right To Life: Allahabad HC Issues Guidelines To Universities For Creation Of Rehabilitation Programme For Delinquent Students
"Universities are a microcosm of the society. They are laboratories of social change, and also agents of social transformation." Holding that a student cannot be deprived of education merely because he is an accused in a criminal case and that he must be given an opportunity to reform himself, the Allahabad High Court directed the Banaras Hindu University to admit a delinquent student...
Senior Advocate P Wilson Introduces Private Bill To Increase Retirement Of High Court Judges To 65 [Read Bill]
A private member bill seeking to increase the retirement age of high court judges from 62 to 65 was moved by Senior Advocate P Wilson in the Upper House of Parliament today. The Bill underlines that one of the key reasons behind the persistent problem of backlog cases in India is that when judges retire, appointment of new judges in their place is not immediate. As a result, as many as...