Home Secretary, DG CRPF Will Be Personally Liable For Contempt If Head Constable Recruitment Not Completed Within 8 Months: Delhi High Court

The Delhi High Court has said the Home Secretary and Director General of the Central Reserve Police Force (CRPF) will be personally liable for contempt if they fail to complete the recruitment process for the post of Head Constable (Ministerial) within a period of eight weeks. The court on March 08 had directed the CRPF to act upon a communication issued by the Department of Personnel...

Alleged Spokesperson Of Banned Outfit CPI (Maoist), Abhay Nayak Denied Bail In UAPA Case By Chhattisgarh High Court

The Chhattisgarh High Court has denied bail to Abhay Devdas Nayak, who is allegedly a spokesperson and a part of the propaganda bureau of the banned outfit CPI(Maoist). Nayak was arrested by the Chhattisgarh Police in June 2018 from the immigration counter of Delhi airport.Taking into account the mandate of the proviso to Section 43D(5) of UAPA, the bench of Justice Sanjay K. Agrawal and...

Kerala Governor's Senior Legal Advisor & Standing Counsel Resign Amid Frequent Legal Battles With State Government

Amid Governor Arif Mohammed Khan's increasing legal battles with the Kerala government and Vice Chancellors of state universities, the counsel representing the Governor in Kerala High Court have resigned from their positions. Senior Advocate Jaju Babu, who was appointed as Kerala Governor's Legal Advisor in 2009, and Advocate M.U. Vijayalakshmi, the Standing Counsel of the Chancellor of the...

Dapoli Resort Case: Sessions Court Grants Interim Anticipatory Bail To Maharashtra's Former Cabinet Minister Anil Parab

Anil Parab, former cabinet minister of Maharashtra from Uddhav Thackeray's faction was granted interim anticipatory bail by a sessions court in Khed district of Maharashtra in a FIR pertaining to a land in Dapoli. The interim relief has been granted till November 14, 2022 on which date the matter will be heard for further relief. Parab's counsels argued that...

Suppression Of Material Facts Ground To Refuse Temporary Injunction: Bombay High Court

The Bombay High Court recently held that a temporary injunction can be granted only if the applicant approaches the court without any suppression of material facts and reiterated that such an injunction can be granted only if a prima facie case, balance of convenience, and irreparable loss to the person seeking the injunction is established. Justice Sandeep Kumar C. More of...

Madhya Pradesh High Court Dismisses Plea Challenging Vires Of S.143-A Negotiable Instruments Act

The Madhya Pradesh High Court recently dismissed a petition challenging the constitutional validity of Section 143-A of the Negotiable Instruments Act, 1881 which makes provision for interim compensation to the complainant. Elaborating on the legislative intent behind introduction of the provision through an amendment, the division bench comprising Chief Justice Ravi Malimath and...

Can Plaint Be Returned For Lack Of Pecuniary Jurisdiction Without Following Order VII Rules 10, 10A CPC? Karnataka HC Answers

The Karnataka High Court has said that no civil court can return a plaint on the ground of lack of pecuniary jurisdiction without following the requirements of Rule 10 of Order VII of Code of Civil Procedure. A single judge bench of Justice Suraj Govindaraj sitting at Dharwad allowed the petition filed by one Yellawwa, mother of one late Army officer Anand and set aside the order passed...

Bombay HC Shocked Over Registration Of FIR Against 9-Yr-Old For Accidentally Hitting Lady With Bicycle, Orders Compensation

The Bombay High Court recently expressed 'shock' and 'surprise' that the police registered a case against 9-year-old child for accidentally hitting a lady while riding a bicycle despite the exception provided in section 83 of the IPC. "The action reflects complete non-application of mind by the concerned officer whilst registering the offence", the bench of Justice Revati Mohite Dere...

Candidates Whose 'Interests Would Be Jeopardised' Necessary Party To Cases Challenging Appointment: Kerala High Court

The Kerala High Court recently observed that in cases filed challenging the selection of a candidate to a post, the persons "whose interests would be jeopardised" by the outcome of the proceedings must also be arrayed as parties to the petition.The division bench of Justice P. B. Suresh Kumar and Justice C. S. Sudha said:"As such, in a case of this nature, not only candidates whose...

Order XII Rule 6 CPC | Admission Of Fact For Pronouncing Judgment Must Be Unequivocal, Independent, Divorced From Conditions: Calcutta High Court

The Calcutta High Court recently in hearing an application under Order XII Rule 6 of the Code of Civil Procedure ("CPC") for pronouncement of judgment on the basis of admissions made, held that an admission of fact made by way of pleadings or otherwise either orally or in written form must be unequivocal, independent and unconditional so as to warrant exercise of judicial discretion...

MP High Court Sentences Father, Daughter & Son To 6 Months In Jail For Obtaining Abortion Order By Filing False Rape Case

The Madhya Pradesh High Court sentenced 3 persons (Father, Daughter, and Son trio) to six months in jail after finding them guilty, in a contempt case, of obtaining an order for termination of pregnancy on the false pretext that the Prosecutrix was raped.The Court, in its order, noted that the fact was that the Prosecutrix got conceived from his cousin brother, however, this fact was...

What Language I Teach My Children In, Does Not Have Any Cross Border Implications; Should Not Be Decided By Parliament: TN Govt To Madras HC

While hearing petitions seeking to move education from the concurrent list to the state list, Senior Advocate Kapil Sibal, appearing for the State of Tamil Nadu submitted that Education was one such area where no one policy fits all.Sibal was making submissions before a bench of Justice R Mahadevan, Justice M Sundar, and Justice Senthilkumar Ramamoorthy in favor of moving education to the...