News Updates
Orissa High Court Denies To Discharge Persons Accused Of Making Violent Ruckus At Residence Of CM's Private Secretary
The Orissa High Court has denied to discharge a number of persons accused of forcefully entering and causing damage to properties at the official residence of Mr. V.K. Pandian, IAS & Private Secretary to the Chief Minister of Odisha Mr. Naveen Pattnaik. While upholding the order of the Trial Court, a Single Judge Bench of Justice Sangam Kumar Sahoo observed, "After going through...
Court Must Be Satisfied Of Prima Facie Case Against Accused While Framing Charges, Reasons Not To Be Recorded: Gujarat High Court
The Gujarat High Court has held that only a prima facie involvement of the accused in an alleged crime is required for framing of charges and the Court need not make an evaluation of evidence or record reasons for the same.Justice Samir Dave referred to Omwati Vs. State (Delhi Administration) 2001 AAR 394 (SC) to reiterate the circumstances in which the Court may discharge the...
Shiv Sena MP Sanjay Raut Remanded To Judicial Custody Till August 22 In Patra Chawl Scam Case
A Special PMLA Court on Monday remanded Shiv Sena MP Sanjay Raut to judicial custody in the Patra Chawl Scam case till August 22.Special Judge MG Deshpande passed the order after the ED did not seek his further custody and sought for him to be remanded in judicial custody instead. After noting his health condition, the court directed prison officials to produce the MP before the Arthur...
High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC
"The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster," the Delhi High Court has observed. Justice C Hari Shankar further added that if the High Court starts interfering with the orders passed by district judiciary in exercise...
Summary Termination Of Services On Registration Of FIR Without Adopting Due Procedure Violates Principles Of Natural Justice: Himachal Pradesh HC
The Himachal Pradesh High Court recently observed that termination of an employee from service summarily, merely on account of registration of FIR and without conducting proper inquiry, violates principles of natural justice. The observation came from Justice Satyen Vaidya: "Thus, the termination of the petitioner summarily without adopting due procedure and was clearly in violation...
S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court
The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. The court can take into account the hardship such direction may cause to a party. Justice Arindam Lodh observed: "We have...
Karnataka HC Directs State Wildlife Board To Reconsider Proposal To Declare Hesaraghatta Grassland As "Reserve"
The Karnataka High Court has directed the State Board for Wildlife to reconsider the proposal submitted by Chief Conservator of Forests for declaring Hesaraghatta Grassland as Conservation Reserve. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty allowed the petitions filed by Vijay Nishant and others and quashed the order dated 19.01.2021...
Allahabad High Court Weekly Round Up: August 1 To August 7, 2022
NOMINAL INDEX Kusum Lata Yadav v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 349 M/s Bindal Smelting Pvt. Ltd. versus Commissioner of Trade Tax, Lucknow 2022 LiveLaw (AB) 350 The Commissioner Commercial Tax U.P. Lucknow Versus S/S G.S.C. Toughened Glass 2022 LiveLaw (AB) 351 Rashmi Srivastava v. State Of U.P. Thru. Prin. Secy. Secondary Education Lko.Asssss 2022 LiveLaw...
Unqualified Person Appointed On Ad-Hoc Basis Cannot Claim Right To Continue In Employment As A Matter Of Right: Delhi High Court
The Delhi High Court has made it clear that a person appointed as a daily wager or on ad-hoc basis, who did not meet the qualification criteria and necessary certification, cannot as a matter of right claim to continue in such employment.The single judge bench comprising Justice Chandra Dhari Singh observed,"Upon having perused the records of the case and having analysed the facts of the case...
Second Wife Entitled To Family Pension Only Where Deceased Employee's Personal Law Permits Bigamy: Himachal Pradesh High Court
The Himachal Pradesh High Court recently observed that the second wife of a deceased employee is not entitled to family pension under the Central Civil Services Pension Rules, unless the personal law applicable to such employee permitted more than one subsisting marriage. The observation was made by Justice Jyotsana Rewal Dua while hearing the claim made by a second wife of an employee...
Magistrates Can't Forward Original Complaints To Police, May Amount To Destruction Of Court Records: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court on Friday ruled that a Judicial Magistrate may face administrative action as well as charge for destroying the record of the Court if any application, whether civil or criminal, received by the court is not properly diarized and registered. The bench of Justice Sanjay Dhar held that whenever any application, whether on the civil side or...
Motor Accident Claim Not A "Bonanza", Insurance Company Can't Be Saddled With Exorbitant Amounts For Temporary Injuries: Tripura High Court
The Tripura High Court recently observed that it can't impose exorbitant amount on insurance company for temporary injuries by a claimant under the Motor Vehicle Act. The observation came from Justice T Amarnath Goud: "After hearing both the parties and perusing the evidence on record this Court feels that the injuries suffered by the claimant-appellant herein are temporary in...