News Updates
'Let Down All Education': Madras HC Upholds Doctor's Suspension For Creating Fake Medical Certificate For Land Grabbing
The Madras High Court recently dismissed an appeal filed by a doctor challenging the order of removal of his name from the medical register for a period of two years after observing that he had issued a fake medical certificate for wrongfully gaining property and thus had committed professional misconduct. The bench of Chief Justice Munishwar Nath Bhandari and Justice...
Heated Exchanges Erupt Between Calcutta HC Lawyers & Judge Over Allowing Journalists To Video Record Hearing
In an unprecedented development, a heated verbal exchange took place between Justice Abhijit Gangopadhyay and lawyers of the Calcutta High Court on Thursday after the judge allowed journalists present in the courtroom to make a video recording of the hearing pertaining to the illegal appointment of teachers in the state-run schools of West Bengal. Justice Gangopadhyay had directed six...
Statutory Power Of Authority Not Diluted Merely By Mention Of Wrong Provision While Exercising Such Power: Gujarat High Court
The Gujarat High Court has reiterated that merely because a wrong provision is quoted by the authority for exercising its power, it would not invalidate the order if it is shown that such an order could otherwise be passed under other provisions of the statute. Accordingly, Justice AS Supehia declined to quash an order of eviction against the writ petitioner by holding: "The...
Karnataka High Court Upholds Constitutional Validity Of S.394 CrPC For Abatement Of Appeals On Death Of Accused
The Karnataka High Court has dismissed a petition assailing the constitutional validity of section 394(1) of the Code of Criminal Procedure, 1973, which provides for abatement of criminal appeals on the death of accused. A single judge bench of Justice Krishna S Dixit dismissed the petition filed by G Varadaraju and said, "The proceedings for criminal prosecution of offenders...
Prosecutrix Travelling & Enjoying Hospitality Of Accused After Alleging Rape Belies The Allegations: Gujarat High Court Grants Bail
The Gujarat High Court recently granted bail to a man accused of participating in gang-rape of the prosecutrix, after noting that the latter was on very friendly terms with the accused and even after levelling such grave allegations, she had been travelling with him and had been enjoying his hospitality.Justice Rajendra Sareen observed,"The facts narrated hereinabove prima facie reveal that...
District Collectors Will Be Answerable For Accidents Caused By Road Potholes ;Principles Of Constitutional Tort Will Apply : Kerala High Court
The Court further added that the Government of India and in particular, the Ministry of Road Transport have a specific role to play, particularly with respect to Constitutional Tort principles when someone is killed or injured in an accident on National Highway.
NCLAT Reprimands Haryana Excise And Taxation Department For Its Casual Attitude
The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Jain and Dr Alok Srivastava expressed its displeasure towards the casual attitude of the Haryana Excise and Taxation Department in pursuing the case before the NCLAT. The Bench remarked that the excise and taxation department is claiming an amount of Rupees 62.87 Crores in the appeal...
Conduct Of The Parties Can't Substitute Arbitration Agreement: Calcutta High Court
The Calcutta High Court has held that the Court while exercising powers under Section 11 of the A&C Act is bound to examine the existence of the arbitration agreement, in absence of the agreement, it cannot refer the parties to arbitration merely because the respondent did not raise objections. The Bench of Justice Bebangshu Basak held that the conduct of the parties is...
Bhima Koregaon Accused Arun Ferreira Approaches Bombay High Court For Default Bail
Activist Arun Ferreira, an accused in Bhima Koregaon - Elgar Parishad case, has approached the Bombay High Court seeking default bail. Ferreira's plea was listed before a division bench of Justices Revati Mohite Dere and Sharmila Deshmukh on Friday, however, Justice Dere has already recused from hearing any matters in the case. In the criminal appeal under section 21(4) of the...
Banker's Certificate Not Mandatorily Required To Trigger CIRP Under Section 9 Of IBC: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal in M/s Quippo Infrastructure Limited v M.R. Nirman Private Ltd., has held that a Banker's Certificate is not mandatorily required to trigger Corporate Insolvency Resolution Process...
Justice Revati Dere Of Bombay High Court Recuses From Hearing A Plea Connected To 2008 Malegaon Blast Case After Accused Objects
Bombay High Court Judge, Justice Revati Mohite Dere recused from hearing a plea in connection with the Malegaon 2008 Blast case after the petitioner raised an objection and stated that Justice Dere had represented the prosecution against a co-accused in 2011. "Not before the Bench of which Justice Revati Mohite Dere is a member," the court's order read. The bench comprising...