News Updates
Sections Form Substratum Of CPC, Orders & Rules Lay Further Ground Work For Adjudication: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently set aside a lower court's order which held that Section 94 of CPC is not a substantive provision of the Code.The Section titled "Supplemental proceedings" makes provision for issue a warrant, furnishing of security, etc. in specified circumstances. Sub-section (c) thereof empowers the civil court to grant temporary injunction and in case...
In Umar Khalid Bail Order, Delhi High Court Invokes Maximilien Robespierre, Pandit Nehru To Explain 'Revolution'
Dismissing activist Umar Khalid's bail appeal in the larger conspiracy case of Northeast Delhi riots, the Delhi High Court on Tuesday said revolution by itself isn't always bloodless and that is why a prefix - bloodless, is used with the term 'bloodless revolution'."This court is reminded of that although, the activity of 'revolution' in its essential quality may not be different but from...
Punjab & Haryana Bar Council Condemns NIA 'Raid' At An Advocate's Residence, Requests Agency's DG to Supervise Matter
The Bar Council of Punjab and Haryana High Court has written to the Director General of the National Investigation Agency condemning the unjustified/Illegal raids carried out at the residence of Dr Shelly Sharma, Advocate (Member of HCBA & DBA, Chandigarh). The letter, written by Council's Chairman Suvir Sidhu, has further requested the DG to immediately supervise such actions,...
Kerala Prison Rules | No Absolute Bar On Granting Parole To Convict Who Previously Absconded: High Court
The Kerala High Court recently observed that as per Kerala Prisons and Correctional Service (Management) Rules 2010, there is no absolute bar in granting parole to the convict even if he had previously absconded.Justice Ziyad Rahman A. A observed, ... the purpose of imprisonment is not confined to creating a deterrent effect alone, but it is intended to reform the prisoner as well. If...
S.203 CrPC | Before Dropping Criminal Proceedings Court To Be Satisfied That Complaint Is Purely Civil, Devoid Of Criminal Texture: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently reiterated that before deciding to drop proceedings in a criminal complaint, the Court has to be satisfied that the subject matter involved in the complaint is a purely civil wrong and that it has no criminal texture to it.The observations were made by Justice Sanjay Dhar while hearing a plea in terms of which the petitioner...
People Not Happy With Collegium System, Appointment Of Judges Is Govt's Job : Union Law Minister Kiren Rijiju
Union Law and Justice Minister Kiren Rijiju on October 17 said that the people of the country are not happy with the collegium system and that as per the spirit of the Constitution of India, it is the job of the government to appoint judges. He further said that people can see the politics among the leaders but they do not know the politics going on inside the judiciary while appointing...
Principle Of Res Judicata Applies To Children Claiming Property Through Parent Earlier Involved In Property Suit: Bombay High Court
The Bombay High Court recently upheld trial court's decision to dismiss a partition suit citing the principle of res judicata. The plaintiff had claimed the properties through his mother; however, the issue had been decided in an earlier suit for same properties filed by his mother. Justice S. M. Modak dismissed the second appeal stating that there was no need to interfere in...
Karnataka Societies Registration Act Does Not Permit Two Societies With Same Name: High Court
The Karnataka High Court has held that under section 7 of the Karnataka Societies Registration Act, 1960, once a Society is registered with a particular name, registration of a second Society with the same name is impermissible. A single judge bench of Justice M Nagaprasanna thus declared the registration of Bengaluru Urban District Amateur Kabbadi Association as illegal and...
IT Exemption To Defence Personnel Invalidated From Service Due To Disability: ITAT Rejects Revenue's Contention
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that income tax exemption shall be available to Defence Forces personnel who have been invalidated from service on account of bodily disability while in service.The two-member bench of Chandra Mohan Garg (Judicial Member) has deleted the addition made by the A.O. on account of disability pension not exempt from tax as...
Landlords Exempted From Kerala Rent Control Act Free To Waive Such Benefit: High Court
The Kerala High Court recently held that landlords who are exempted from application of all or any of the provisions of the Kerala Building (Lease and Rent Control) Act, 1965 are free to waive such exemption.The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha held that the exemption granted under Section 25 of the Act is a 'privilege' which the landlords may waive....
Supreme Court Closes Plea Filed By TMC For Protection Of Party Members In Tripura During 2021 Municipal Elections
Considering that the 2021 Tripura municipal elections are over and results have been notified, the Supreme Court, on Monday, disposed of the petition filed by The All India Trinamool Congress ("TMC") and its Rajya Sabha MP Sushmita Dev seeking issuance of directions to the State of Tripura to provide security to the members of TMC, especially during the campaign for the...
Plea In Kerala High Court Seeks Enactment Of Bill Against Superstition and Human Sacrifice
Kerala Yukthi Vadhi Sangham has filed a petition before the Kerala High Court seeking a direction for the state government to consider and take a decision regarding enactment and implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'.The state Law Reforms Commission headed by Justice K.T. Thomas had made its recommendations to...