News Updates
Kerala HC Gants Pre-Arrest Bail To A Doctor Accused Of Posting Defamatory Articles Against Lakshadweep Administrative Officers
The Kerala High Court on Wednesday granted anticipatory bail to a senior doctor who has been accused of posting defamatory articles against officers of the Administration of Lakshadweep on Facebook.The bench of Justice Viju Abraham was essentially dealing with the pre-arrest bail plea of Dr. K P Hamsakoya, who is one of the seniormost doctors serving the Lakshadweep Administration and that he...
UPKSZP Act | Kshettra Panchayat's Elected Member Vacates Office When Resignation Notice Is Received In Panchayat Office: Allahabad HC
The Allahabad High Court has observed that under the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961, an elected member of the Kshettra Panchayat shall be deemed to have vacated his office from the date on which notice of his resignation is received in the office of Kshetra Panchayat.The bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava further observed...
Provisions Of J&K Juvenile Justice Act 2013 Retrospective, Age Of Juvenility Is 18 Yrs & Not 16: High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the provisions of J&K Juvenile Justice Act 2013 are retrospective in nature and accordingly the age of juvenility has to be taken as 18 years and not 16 years, which was the age of juvenility under the Act of 1997, even though that was in force at the time of commission of the alleged occurrence. The...
S.7(i) Court Fees Act | Court Fee In Money Suits Is Payable According To Amount Claimed: Punjab & Haryana High Court
Punjab and Haryana High Court recently held that as per Section 7(i) of the Court Fees Act, 1870, where the suit is for money including suits for damages, compensation or arrears of maintenance, of annuities, or of other sums payable periodically, the Court fee is payable according to the amount claimed.Where the suit is for money including suits for damages or compensation or arrears...
NCTE Act | Deemed Recognition Is Without Any Limitation Or Time Bar When Conditions Are Satisfied: Gauhati High Court
A single judge bench of Justice Achintya Malla Bujor Barua of the Gauhati High Court held that under the National Council for Teacher Education Act, 1993, 'deemed recognition' is given to institutes if they satisfy three conditions, namely:(i) the institutes are funded by the Central Government or the State Government or the Union Territory; (ii) have offered a course of training in...
Appeal U/S 372 CrPC For Enhancement Of Punishment Not Maintainable: Allahabad High Court
The Allahabad High Court has reiterated that an appeal filed under Section 372 CrPC is not maintainable if it has been filed seeking enhancement of punishment awarded to the accused.It may be noted that Section 372 CrPC provides a right 'victim' [as defined under Section 2w (wa) of the Cr.P.C.] to move an appeal on three grounds namely(i) When the accused person(s) have been acquitted;(ii)...
Suit For Possession | Weakness In Case Set-Up By Defendant Does Not Automatically Strengthen Plaintiff's Case In Absence Of Proof Of Title: P&H HC
The Punjab and Haryana High Court has held that in case the plaintiff in a suit for possession and mandatory injunction fails to satisfy the court regarding their right, title or interest in the suit land they cannot seek possession of the same or seek a mandatory injunction against the defendant-respondents qua the same.The bench comprising Justice Alka Sarin further added weakness in the...
Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC
The Allahabad High Court has observed that in absence of cogent evidence that the Murder accused was in the house with the deceased at the relevant time, the provisions of Section 106 of the Evidence Act can not be pressed into service to put the onus on him to explain as to under what circumstances the deceased died.With this, the bench of Justice Manoj Misra and Justice Syed Aftab Husain...
Order For CBI Probe Takes Away Right Of Police To Discharge Their Statutory Duties, Should Not Be Passed In Routine: Calcutta High Court
The Calcutta High Court's circuit bench at Jalpaiguri has "unconditionally" stayed a single bench order directing the Central Bureau of Investigation to probe into alleged irregularities in transfer of a government school teacher.A bench consisting a bench of Justices Bivas Pattanayak and Ravi Krishan Kapur observed that orders or directions on the CBI to conduct an investigation are not to...
"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case
"...no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream," the Allahabad High Court recently observed as it modified the sentence of an accused convicted under Section 304 Part 1 IPC.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi...
Non-Renewal Of Contract During Probation Does Not Amount To 'Retrenchment' Under Industrial Disputes Act: Gujarat High Court
The Gujarat High Court has held that termination of service because of non-extension of probation does not amount to 'retrenchment' under Section 2(oo)(bb) of the Industrial Disputes Act.Consequently, Justice Biren Vaishnav set aside an order of the Labour Court reinstating the Respondent-workman to the position of a 'Community-Organiser-Cum-Trainee' in the Petitioner-Trust."Viewed from...
Absorption Not In Consonance With Established Rules: Madras HC Confirms TASMAC Order Demoting Supervisor To Salesman
The Madras High Court recently confirmed the order of the Managing Director of TASMAC to revert an employee from the post of Supervisor to the post of Salesman after observing that his absorption/promotion was not made in accordance to the established rules or principles. The employee had approached the court seeking to quash the order of the Managing Director. Justice SM...