News Updates
Consider Dissolving BBMP For Failure To Follow Solid Waste Management Rules:Karnataka HC Tells Govt
The Karnataka High Court has directed the State Government to consider whether action of dissolving the Bruhat Bengaluru Mahanagara Palike (BBMP) deserves to be taken under Section 99(1) of Karnataka Municipal Corporations Act, for making persistent defaults in the performance of its duties imposed by Municipal Solid Waste (MSW) Rules, 2000 and Solid Waste Management Rule, 2016 and...
PIL Seeking Protection Of Depositors Of PMC Bank: Delhi HC Issues Notice To Central Govt, RBI
Delhi High Court has issued directions to the central government, Reserve Bank of India, and others to file replies in a PIL addressing the issue of insurance and safeguards for depositors of Punjab and Maharashtra Cooperative (PMC) Bank. Filed by social activist Bejon Kumar Misra, the petition demands the following from the court: Issuance of an interim...
Madras HC Directs ASI To Send samples Of Antique Quran To Oxford To Determine Its Age
Stating that merely taking blank papers from the antique, handwritten Arabic Holy Quran, will not damage it, the Madras High Court on Wednesday upheld the order allowing taking such sample for carbon dating and testing. The division bench of Justices N. Kirubakaran and P. Velmurugan said, "there cannot be any damage of the Quran and even samples could be taken from the blank paper...
[Criminal Trial] Courts Shall Give Reasons For Rejecting Discharge Plea : Karnataka HC [Read Order]
The Karnataka High Court has held "It is incumbent on the courts to state reasons with reference to the material on record on which reliance is placed to formulate an opinion to reject the application for discharge." Justice G Narendar while allowing a petition filed by one Santosh Kumar, and setting aside order passed by lower court rejecting discharge plea filed by him said...
PILs Challenging Odd-Even Scheme: Delhi HC Directs Delhi Govt To Consider Petitioners' Representations
Delhi High Court has disposed off all the petitions challenging the Odd-Even scheme of the Delhi Government. The scheme was proposed to curb vehicular pollution in the capital city. The Division Bench of Justice DN Patel and Justice Hari Shankar has directed the Delhi Government to consider all the said petitions as representation made before it and deal with the same as per law. These...
Employees of Autonomous Bodies Cannot Be Treated At Par With the Central Govt Employees With Regards to Pension: Delhi HC [Read Judgment]
Delhi High Court has held that the employees of Autonomous Bodies, which are fully funded by the government, cannot be treated at par with the employees of the central government with regards to pension. The Division Bench of Justice Muralidhar and Justice Talwant Singh has held that the benefits of the pension under the Civil Services Rules cannot be extended to...
Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]
Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed. In the present application, the Petitioner had challenged the order of the Joint Registrar which had disallowed the Petitioner to file an affidavit for admission/denial of documents after the termination of the 45...
NCLAT Upholds Maintainability Of Application For Compromise And Arrangement During Liquidation Proceeding [Read Order]
The NCLAT in an appeal filed by Jindal Steel and Power Ltd., has upheld the maintainability of the petition for Scheme of Compromise and Arrangement (under Section 230 to 232 of the Companies Act), in a Liquidation proceeding under Insolvency and Bankruptcy Code, 2016 (IBC)The appeal was filed by Jindal Steel against the NCLT, Kolkata's order which allowed the application made...
AIL Mohali: Students Call Off Indefinite Protests As They Await Implementation Of Assurances
The indefinite strike started by the students of the Army Institute of Law (AIL), Mohali, against "administrative inefficiencies" and "draconian" code of conduct has finally come to an end with the administration ceding to six out of eight demands of the students. The strike that sparked on October 16, witnessed the students camping outdoors with the...
Relief Cannot Be Claimed Against Persons Who Are Not Privy To Documents Forming Genesis Of Summary Suit Under Order XXXVII CPC: Delhi HC [Read Judgment]
The Delhi High Court on Wednesday held that no relief could be claimed against persons who were not privy to the settlement deed, on the basis of which summary proceedings under Order XXXVII of CPC were instituted, and that such persons could not be made a party to the proceedings. In this regard, Justice Rajeev Endlaw said, "A suit under Order XXXVII of the CPC is maintainable only if...
Courts Need Not Hold Trial In Commercial Suits If Defendant Lacks A Real Prospect of Success: Delhi HC [Read Judgment]
Delhi High Court has held that the courts need not hold trial in commercial suits, even if there are disputed questions of fact, if it comes to the conclusion that the defendant lacks a real prospect of successfully defending the claim. Justice Manmohan reiterated that the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015 is to ensure disposal...
Toddy Shops Near Residential Areas Affect People's Right To Live In Peace, Amicus Curiae Tells Kerala HC [Read Reports]
Allowing toddy shops near residential areas affect people's right to live in peace and thereby infringe their fundamental right to privacy, stated the report submitted by amicus curiae before the High Court of Kerala.While considering a petition filed by one Vilasini seeking the shifting of toddy shops from a residential area, the single bench of Justice Muhamed Mustaque had appointed...