News Updates
Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court
In a recent case, the Andhra Pradesh High Court placing reliance on multitude of decisions reiterated the point that disciplinary proceedings should not be stayed only on the sole ground that criminal proceedings are pending. In the facts of the case, the criminal proceedings were installed for last more than almost 12 years without any progress. Furthermore, Justice Ravi...
Judges Are Softwares Of The System, Should Ensure Justice Delivery: Justice Sanjay Kishen Kaul Stresses Upon The Need To Ensure Speedy Justice
Justice Sanjay Kishan Kaul, on Saturday, remarked that the Judges and Lawyers were the software of the system and the duty was upon the Judges and the lawyer to innovate and ensure justice delivery. He was speaking at the Madras High Court on the occasion of laying of the foundation stone for a multi-storeyed combined court building to house the subordinate courts in Chennai and for...
Supreme Court Issues Notice On Plea Seeking Probe Into Amtek Bank Fraud Allegations
The Supreme Court India on Monday issued notice in a petition seeking investigation into alleged siphoning off of money amounting to Rs. 12,800 crores by Amtek Auto Ltd., (Amtek) and its office bearers from over 27 public and listed banks. A Bench of Chief Justice of India UU Lalit and Justice Ravindra Bhat has posted the matter for next hearing on October 11. During the hearing, the...
"Alleged Offence Grave But Trial Would Take Ample Time": Delhi High Court Grants Bail To Three Officials Accused In Biocon Bribery Case
The Delhi High Court on Tuesday granted bail to three officials accused in connection with Biocon bribery case being probed by the Central Bureau of Investigation (CBI), observing that though the offence alleged is grave, the trial in the matter would take ample time.A bench of Justice Anu Malhotra noted that chargesheet was already filed and investigation in the matter was completed. It...
Intra-Court Appeal Not Maintainable Against Order U/Art 227 Unless Exercise Of Original Jurisdiction Under Article 226 Is Involved: Gujarat HC
The Gujarat High Court has distinguished between the right of an 'intra-court appeal' under Article 226 and Article 227 of the Constitution and held that an intra-court appeal does not lie against the judgement of a Single Judge when the power of superintendence is exercised by examining the subordinate court's order. In other words, Clause 15 of the Letters Patent Act, does not permit an...
Judicial Review Of Govt Contracts Permitted Only If There Is Illegality In Decision Making Process Placing Public Interest At Risk: Delhi HC
The Delhi High Court has observed that the scope of judicial review in matters of government contracts is limited and can only be exercised if there is patent unreasonableness, irregularity, irrationality or illegality in the decision-making process of the authority which places public interest at large at a risk.A division bench comprising of Chief Justice Satish Chandra Sharma and...
Supreme Court Directs Ex-Karnataka MLC To Surrender Before the Trial Court And Seek Regular Bail In SC/ST Act Case
The Supreme Court, on Monday, directed ex-Karnataka Member of Legislative Council (MLC), Shrikanth to surrender before the Trial Court within two weeks in connection with a criminal case, inter alia, registered for offences punishable under Section 3(1)(r) and Section 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the fact that the charge...
Criminal Proceedings Not For Realization Of Disputed Dues: Punjab & Haryana High Court Refuses To Cancel Anticipatory Bail
The Punjab and Haryana High Court has reiterated that criminal proceedings are not for realization of disputed dues. Thus, it dismissed a petition filed under Section 439(2) of CrPC seeking cancellation of anticipatory bail granted to the accused in connection with a partnership dispute and alleged recovery of money. It is trite law that bail cannot be denied on account of recovery...
Orissa HC Directs Chief Forests Conservator To Submit 'Comprehensive Action Plan' To Control Unnatural Elephant Deaths
The Orissa High Court has directed the Principal, Chief Conservator of Forests ('PCCF') to submit 'comprehensive action plan' to control and minimise the rising unnatural deaths of wild animals in general and elephants in particular, across the State. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash noted, "Apart from the issue of poaching and...
Publishing Exam Answer Scripts Would Intrude Into Candidates' Privacy: MP High Court Rejects PIL Seeking "Transparency" In Civil Judge Selection Process
The Madhya Pradesh High Court recently dismissed a petition filed in the form of a Public Interest Litigation seeking directions to make available answer scripts of all the candidates who appeared for the Mains written examination of the lower judiciary exam in the State. Rejecting the contentions raised by the Petitioner, the division bench comprising of Justice Sheel Nagu...
Fraudulent Power Of Attorney | Onus Of Due Diligence Before Entering Into Sale Transaction Is On Property Purchaser: Gujarat High Court
The Gujarat High Court has reiterated that the onus of performing due diligence with respect to a property before entering into any transaction is on the intending purchaser.The observation was made while deciding the anticipatory bail application moved by one such property purchaser, who was booked for Cheating under IPC, for purchasing the subject property on the basis of a fraud power...
Passport Officer Can't Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Karnataka High Court
The Karnataka High Court has said that once exclusive custody of a child is granted by the Family Court to a mother, the Regional Passport Officer is not justified in insisting upon the presence of the father of the ward or for his consent for issuing a passport to the child. A single judge bench of Justice Krishna S Dixit allowed the petition filed by a woman seeking direction to...