Kerala Govt Approaches High Court For Cancellation Of MLA Eldhose Kunnappilly's Anticipatory Bail In Rape Case

A Petition has been moved before the Kerala High Court by the state government challenging Thiruvananthapuram Court's order granting anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder.In the Petition, moved through Additional Public Prosecutor, it has been argued that the lower court erred in granting pre-arrest bail at the initial...

Kerala High Court Says Only 'New Driving Culture' Can Prevent Road Accidents

The Kerala High Court on Friday observed that only a "new driving culture" can prevent road accidents in the state. Justice Devan Ramachandran noted that despite every effort of the court to ensure that accidents are minimised, it was distressing to know that road mishaps have continued."As this Court has been emphasising earlier, only if there is a new culture of driving, can such incidents...

When Charge Memo Is Set Aside By Competent Forum, Then Suspension Order Dependent On It Also Ceases To Have Force Of Law: Kerala High Court

The Kerala High Court on Tuesday observed that once the charge memo issued to a delinquent employee is set aside by a competent forum, the suspension order that is dependent on it also ceases to have force of law. Division Bench consisting of Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C. P. observed that when the memo of charges is set aside, then there exists no enquiry in...

Minor Muslim Girl Over 15 Yrs Of Age Free To Marry Person Of Her Choice, Marriage Not Void Under Child Marriage Prohibition Act: P&H High Court

The Punjab and Haryana High Court has reiterated that Muslim female aged 15 years and above can marry a person of her choice on her own willingness and consent, and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.The observation was made while hearing a habeas corpus petition filed by 26 years old Javed against detention of his 16...

Delhi High Court Restrains Rajasthan-based Restaurant From Using 'Sadda Pind' Name

The Delhi High Court has restrained a Rajasthan-based restaurant from using the name of Sadda Pind, which is a famous tourist destination in Punjab."The Plaintiff has made out a prima facie case in its favour for grant of an ex-parte interim injunction. Accordingly, till the next date of hearing, the Defendant shall stand restrained from using the mark & name 'SADDA PIND' including the...

Hardship If Any And Not Convenience Of Parties Relevant Criterion For Deciding Transfer Petitions U/S 24 CPC: Karnataka High Court

The Karnataka High Court has said that courts should consider the hardships that would be caused to the parties and not look at the convenience of the parties, while deciding an application made under Section 24 of CPC seeking to transfer proceedings pending from one court to another. A single judge bench of Justice E.S.Indiresh dismissed a petition filed by a wife seeking to transfer...

Juvenile Being Tried As Adult No Bar To Grant Of Bail U/S 12 JJ Act: Bombay High Court

A juvenile in conflict with law despite being tried as an adult would be entitled to special parameters for grant of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Bombay High Court reiterated while granting bail to a delinquent. Section 12 mandates bail or release of a child in conflict with law irrespective of provisions of the CrPC with...

Observations Made In Umar Khalid Bail Order Against Sharjeel Imam Without Hearing His Appeal: Imam's Lawyer To Delhi High Court

The Delhi High Court on Friday adjourned the hearing of bail appeal of Sharjeel Imam, who is an accused in Special Cell's larger conspiracy case of Northeast Delhi riots, after his counsels made a request for it, stating that the bench has made "certain observations" qua him in the order denying bail to co-accused Umar Khalid, "without his (Imam's) appeal having been heard".Imam's bail...

An Indian Women Traditionally Will Not Concoct An Untruthful Story Of Rape For Purpose Of Blackmail Or Revenge : Manipur High Court

"An Indian woman traditionally will not concoct an untruthful story and bring charges of rape for the purpose of blackmail, hatred, spite or revenge", remarked the Manipur High Court while dismissing anticipatory bail applications filed by rape accused.Justice M V Muralidaran observed that he stigma that attaches to the victim of rape in Indian society ordinarily rules out the levelling of...

CESTAT Directs CBIC To Issue Guideline In Respect Of IBC Proceedings Initiated Against Assessee Before CESTAT

The Central Board of Indirect Taxes and Customs (CBIC) has been ordered by the Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) to consider issuing guidelines or procedures for handling cases before the CESTAT in which an IBC proceeding has been brought against the assessee's company.The two-member bench of Ramesh Nair (Judicial Member) and Raju...

No Bar On Continuing Disciplinary Action Against Teacher Pending Criminal Prosecution Under POCSO Act: Kerala High Court

The Kerala High Court on Wednesday observed that there is no ban on the continuation of disciplinary proceedings by Educational Authorities against teachers who are subject to criminal prosecution for offence of child harassment or offences under the Protection of Children from Sexual Offenses Act.The Court noted that as soon as a teacher is arrested for a crime, they are suspended from...

Delhi High Court Issues Notice On Plea Challenging Delimitation Of Municipal Corporation Wards

The Delhi High Court on Friday issued notice on a plea challenging the delimitation of wards of the Municipal Corporation of Delhi. A division bench headed by Chief Justice Satish Chandra Sharma sought response from the Centre through the Ministry of Home Affairs, Delhi Government and Delimitation Committee of State Election Commission, while listing the matter for hearing on December...