Right To Contest Elections Only A Statutory Right, Not A Fundamental Right: Andhra Pradesh High Court

The Andhra Pradesh High Court has reiterated that the right to contest elections is not a fundamental right but only a statutory right. The observation was made by a single bench of Justice Cheekati Manavendranath Roy in context of the AP Societies Registration Act, 2001.The petitioner in this case submitted that he was an employee in the Revenue Department of Andhra Pradesh Secretariat...

Decree Of Civil Court Will Not Alter The Basic Nature Of Transaction: NCLT Delhi

The National Company Law Tribunal ("NCLT"), Principal Bench, comprising of Justice Ramalingam Sudhakar (President) and Shri Avinash Kumar Srivastava (Technical Member), while adjudicating an application filed in M/s Jones Lang Lasalle Building Operations Pvt. Ltd. v M/s Celebration City Projects Pvt. Ltd., has held that the decree of a civil court will not alter the basic nature of...

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

The Kerala High Court has held that the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) prevails over the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). Thus, when offences under both the Acts have been alleged, the accused would be entitled to avail the procedure contemplated under the former for bail. The Court found that by virtue of Section 31 of...

Family Property No Reason To Deny EWS Certificate To Married Woman Living Separately: Kerala High Court Opines Prima Facie

The Kerala High Court has prima facie held that the extent of family house plot of a married woman living separately cannot be a reason for denying her EWS Certificate.It thus directed the Village Officer to issue a provisional Economically Weaker Section (EWS) Certificate to the Petitioner, subject to the final outcome of the Writ Petition. Justice V G Arun while admitting the Writ...

Deadly Assault On Sleeping Man After A Fight Not Culpable Homicide But Murder: Bombay High Court

Killing a person in his sleep hours after a fight would be a case of murder punishable under section 302 of the IPC, and not culpable homicide, the Bombay High Court recently observed while refusing to set aside the murder conviction of a truck cleaner. A division bench of Justices Revati Mohite Dere and Sharmila Deshmukh upheld the life sentence awarded to Mittu Pareda by...

Rival Groups Shall Not Be Permitted To Meet In Proximity Of Amaravati Maha Padayatra Against Three Capitals: High Court To State

The Andhra Pradesh High Court on Friday, while hearing a writ petition filed by the Amaravati Parirakshana Samiti Trust, passed multiple directions to ensure the smooth conduct of the Maha Padayatra from Amaravati to Arasavilli, in protest against the proposed establishment of three capitals in the State. The petitioner trust along with two persons alleged that after commencement of...

NBDSA Slams News18 India For Generalising Sensitive Issues, Directs It To Remove News Debate Video On Jahangirpuri Demolition

The News Broadcasting and Digital Standards Authority has slammed the News18 India for its "tendency" to generalise sensitive issues and its unncessary use of offending tickers like 'jihadi' on the screen."Had the debate [been] confined to the menace of illegal constructions and the steps that are required to contain such illegal constructions, there could not have been any problem. However,...

S.18 RTI Act Does Not Empower State Commission To Direct PIO To Furnish Information Sought: Kerala High Court

To get information, remedy is only to file an appeal under Section 19 of the Act.

NCLAT Issues Directions For Computation Of Limitation In Filing Of Appeals

The National Company Law Appellate Tribunal ("NCLAT") vide an Order dated 21.10.2022 has issued directions for computation of limitation for filing of appeals before NCLAT. The period of limitation shall be computed from the date of presentation of Appeal as per Rule 22 of the NCLT Rules, 2016. The directions shall be effective from 01.11.2022 onwards. Background The Rule 22 of...

NBDSA Raps News18 India For Linking Hijab-Supporting Panelists With Al Qaeda, Advises Channel To Guide Aman Chopra On Sensitive Debates

The News Broadcasting & Digital Standards Authority (NBDSA) has pulled up the News18 India for turning a news debate on wearing of Hijab into a "communal issue" and deprecated its tendency to associate the panelists supporting the head covering with Al Qaeda.The NBDSA Chairperson Justice A.K Sikri (retd.) has issued specific warning to the news channel's anchor Aman Chopra that it may have...

Punjab & Haryana Govts Agree Before High Court To Consider Plea For Setting Up Transgender Protection Cells

The Punjab and Haryana High Court has disposed of two PILs filed for the setting up of Transgender Protection Cells in the two States. The petitioner, Dhananjay Chauhan, had also sought formulation of a comprehensive policy on measures and procedure for protection of transgender persons in the respective States. It was the case of the petitioner that he had earlier...

[S. 353 IPC] Kerala High Court Quashes Criminal Case Against 58-Year-Old Booked For Using 'Loud Voice' Against Public Servant In Govt Office

Quashing the criminal proceedings against a 58-year-old man from Ernakulam, the Kerala High Court has said that Section 353 of the Indian Penal Code would not be attracted when there is no allegation of use of assault or criminal force, or in absence of an accusation that such act was done to deter the public servant from discharging her officials duty.The accused had been booked under...