News Updates
'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA
Dealing with a plea raising the issue of right of foreign nationals to solemnise and register their marriage under Special Marriage Act, 1954, the Delhi High Court on Wednesday observed that "there is no way" that the State can prohibit an interfaith couple to marry.Justice Yashwant Varma was hearing a plea filed by two interfaith foreign nationals residing in the national capital for over...
Govt Analyst's Report U/S 25 Drugs & Cosmetics Act Not "Conclusive" If It Is Not Supplied To Person From Whom Sample Was Collected: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the report of a Government Analyst would become conclusive under Section 25(3) of the Drugs and Cosmetics Act, only against the person who despite having been provided a copy of the report, has failed to notify his intention to adduce evidence in controversion of the report, within a period of 28 days. The...
'Mahapadayatra' Can Be Conducted Only With 600 Identified Farmers : Andhra Pradesh High Court
The Andhra Pradesh High Court refused to modify restrictions imposed by it on 'Maha Padayatra' announced by Amaravati Parirakshana Samiti.The Samiti had announced 'Maha Padayatra' from Amaravati to Arasavilli for expressing their protest against the proposed establishment of three capitals in the State of Andhra Pradesh.In an order passed last month, the High Court had issued the...
Contract Between Two Persons Allowing The Other To Seek Compassionate Appointment Not Binding On State: Karnataka High Court
The Karnataka High Court has said that an agreement entered between two persons allowing the other to seek compassionate appointment under Karnataka Civil Services (Appointment on Compassionate Grounds) Rules,1996, cannot be enforced against the State. A single judge bench of Justice S G Pandit dismissed the petition filed by Manjula. N seeking a direction to Deputy Commissioner of...
J&K&L High Court Monthly Digest: October 2022
Nominal Index : [Citations 168 - 200] Mushtaq Ahmad Pandit Vs Addl Deputy Commissioner & Ors 2022 LiveLaw (JKL) 168 Mohd Hussain Vs Shabnam Ara 2022 LiveLaw (JKL) 169 Custodian General Vs J&K Special Tribunal 2022 LiveLaw (JKL) 170 Cadila Pharmaceuticals Ltd Vs Drug Inspector Kathua 2022 LiveLaw (JKL) 171 Cipla Ltd Vs State of J&K 2022 LiveLaw (JKL)...
Northeast Delhi Riots: Court Picks Holes in Delhi Police Probe, Asks If Action Taken For Wrongly Naming Accused In FIR
Picking holes in Delhi Police's investigation of a case connected to the Northeast Delhi riots of 2020, a Sessions Court has sought a clarification from the DCP on the prosecution's "conflicting stand" in the matter where initially 30 complaints were clubbed but last month the investigating officer moved an application seeking their return."Several question arise as to why fourth name in...
Failure To Act Upon Complaints Against Govt Officials Unconstitutional, Causes No Confidence In Public Authorities: Madras High Court
The Madras High Court came down heavily on public authorities delaying action upon complaints by citizens against government officials. The court was hearing a plea by a man who had given a complaint to the Chief Secretary against an officer in 2016. When the complaint was not acted upon, he approached the court.The bench of Justice SM Subramaniam observed that failure of public authorities...
MP High Court Cancels Bail Of Accused Who Celebrated His Release By Firing Gunshots In Air Amidst A Chanting Mob Garlanding Him
The Madhya Pradesh High Court, Gwalior Bench recently cancelled the bail of an accused who was seen celebrating his release by firing gunshots in the air amidst a mob chanting slogans in his favor and garlanding him upon his release. Taking exception to this kind of behavior, Justice G.S. Ahluwalia observed that such glorification of an accused has an adverse effect on...
[Cash-For-Job Scam] Madras High Court Refuses To Discharge Minister Senthil Balaji, Orders Fresh Enquiry
Madras High Court has ordered a fresh enquiry into the cash-for-job scam, a case involving irregularities in the appointment in State Transport Corporation.Justice V Sivagnanam observed that there were irregularities in the investigation conducted by the investigating agency as the agency had failed to include certain crucial aspects.Going through all the papers before me, I am of the...
Delhi High Court Dismisses Plea Seeking Action Against Former Director Prosecution, Says Transfer Orders Won't Attract Criminal Consequences
The Delhi High Court has observed that the competent authority's decision to order transfers and postings of employees would not attract criminal consequences under the Indian Penal Code."The transfers and postings even if thought to be arbitrary by the Competent Authority would not attract criminal consequences under Sections 166, 405 or Section 409 of IPC. An arbitrary act may not...
Kerala High Court Monthly Digest: October 2022 [Citations 508-558]
Nominal Index [Citation 2022 LiveLaw (Ker) 508-558]Midland Rubber Produce Company ltd. V. Uthayasuriyan & Ors. 2022 LiveLaw (Ker) 508C.P. Pappachan v. State of Kerala & Anr. 2022 LiveLaw (Ker) 509Sheeba George v. State Election Commission & Ors. 2022 LiveLaw (Ker) 510Nishad Mathew v. State of Kerala & Anr. 2022 LiveLaw (Ker) 511The General Manager South Railway v. R....
S.138 NI Act | Director Cannot Be Prosecuted For Cheque Dishonour Without Arraying Company As Accused: Kerala High Court Reiterates
The Kerala High Court has reiterated that when a cheque issued by a company is dishonored, prosecution under Section 138 of the Negotiable Instruments Act against its Director shall not sustain if the company is not arrayed as an accused. Justice A. Badharudeen relying on the law laid down by the Apex Court, observed that prosecution against the director of the company merely for the reason...