News Updates
Order XXVI Rule 9 CPC | Application For Appointment Of Local Commissioner Can Be Made Even Before Commencement Of Trial: Karnataka HC
The Karnataka High Court has made it clear that an application made for appointment of a Commissioner for local inspection under provision Order XXVI Rule 9 of the Code of Civil Procedure, can be made either before the commencement of the trial or after.A single judge bench of Justice Anant Ramanath Hegde said “The provision is not ‘stage’ centric. Thus the provision can be invoked...
Religious Conversion Case: Allahabad High Court Grants Protection Against Coercive Action To 'SHUATS' VC Till Feb 15
The Allahabad High Court last week granted interim protection against coercive action to the Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) (Dr.) Rajendra Bihari Lal in connection with a mass religious conversion case.The bench of Justice Manju Rani Chauhan passed the order in an anticipatory bail...
Order 26 Rule 9 CPC | Karnataka HC Issues Guidelines For Appointment Of Local Commissioners, Timely Filing Of Inspection Reports
The Karnataka High Court has issued broad guidelines for trial courts to follow in appointing Court Commissioners exercising power under Order XXVI Rules 9 and 10 of the Code of Civil Procedure and also to adhere to a timeline in receiving reports of the Commissioner.A single judge bench of Justice Anant Ramanath Hegde sitting at Kalaburagi, said “The report under Order XXVI of the Code, in...
Delhi High Court Seeks Centre’s Response On Oxfam India’s Plea Seeking Renewal Of FCRA Registration
The Delhi High Court on Monday sought Union government's response on Oxfam India’s plea seeking renewal of its registration under Foreign Contribution (Regulation) Act, 2010. Justice Prathiba M Singh issued notice on a petition moved by the non-profit organization challenging an order passed by Ministry of Home Affairs rejecting its revision application. The Ministry affirmed its earlier...
Cross FIRs Permissible In Case Of Two Different Versions Of Parties With Regard To Same Occurrence: JKL High Court
The Jammu and Kashmir and Ladakh High Court recently reiterated that there cannot be two FIRs with regard to the same occurrence but in cases of two different versions on part of rival parties with regard to the same occurrence, registration of cross FIRs is permissible. The observations were made by Justice Rajnesh Oswal while hearing a plea challenging an order passed by...
Justice Sanjiv Khanna Releases ‘Annual Report’ Of Orissa High Court
Justice Sanjiv Khanna, Judge of the Supreme Court, last week released the ‘Annual Report-2022’ of the Orissa High Court at the Odisha Judicial Academy, Cuttack. He also flagged off the Annual District Judges’ Conference-2023. The event was attended by Chief Justice of Orissa High Court Dr. Justice S. Muralidhar, Judges of the High Court, all the District Judges and Chief...
Vehicular Toll Is Tax And Not Mere Contractual Debt Between Collection Company And Civic Body: Bombay High Court
Observing that vehicular toll is a tax and not merely contractual debt between the collection company and the civic body, the Bombay High Court dismissed plea by Mumbai based MEP Infrastructure Developers Ltd. (MEPIDL) challenging recovery proceedings for its failure to pay toll collected by it to the Municipal Corporation of Delhi (MCD).“MEPIDL was collecting and remitting toll. The...
Can't Withhold Promotion On Ground Of Adopting Sealed Cover Procedure During Pendency Of Criminal Case: Allahabad High Court
The Allahabad High Court has observed that the Competent Authority can not withhold the recommendation of a person indefinitely on the ground of adopting the sealed cover procedure during the pendency of the criminal case.The bench of Justice Jaspreet Singh observed thus while granting relief to one Ranbir Singh (presently serving as a Tehsildar with the State Government and seeking promotion...
498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, “In the...
Over 97 Lakh Cases Settled In 1st National Lok Adalat Of 2023
The Legal Services Authorities across the country organised the 1st National Lok Adalat of the year 2023 in all the 36 States and Union Territories, under the guidance of the National Legal Services Authority (NALSA) and the stewardship of Supreme Court Judge and Executive Chairman of NALSA, Justice Sanjay Kishan Kaul. As per the information received by NALSA, as of the 11th of February...
“Can’t Be Party To A Widow Being Thrown Out Of Her House After 50 Years, Where Is The Justice?”: Bombay High Court
Observing that it couldn’t be party to a widow being possibly evicted from her lawfully occupied home of 50 years, the Bombay High Court directed the Maharashtra Housing and Development Authority (MHADA) to add her name as a tenant/occupant of the 160 square feet premises in Mumbai. The division bench of Justices GS Patel and SG Dige noted that on one hand MHADA had a policy...
Kerala High Court Refuses To Suspend Sentence Of Men Accused Of Attempting To Travel To Syria For Joining ISIS, Says Not Safe To Release Them
The Kerala High Court has dismissed the applications seeking suspension of sentence of three persons, who were last year convicted for attempting to travel to Syria for allegedly joining the ISIS. The applicants had argued they have undergone more than five years in custody, and were even never released on bail during trial.The Division Bench of Justice Alexander Thomas and Justice Sophy...