News Updates
Illegality Can't Perpetuate On Mere Technicality, Writ Jurisdiction Can Be Exercised To Nullify Decree Obtained By Fraud On Civil Court: Madras HC
The Madras High Court recently set aside an order passed by the civil court declaring title in favour of private respondents qua a government land, after observing that the order was obtained by committing fraud on the court. Justice Anand Venkatesh held that while exercising jurisdiction under Article 226 of the Constitution, the High Court can nullify the judgment and decree passed...
Distance Rule Not Criteria For Permitting TASMAC Shop To Run Near Educational Institution: Madras High Court
The Madras High Court recently upheld the decision to close a TASMAC shop after considering that the proposed area had a College, a De-addiction Centre, and temples in the vicinity. Justice Nirmal Kumar agreed with an earlier order with respect to the same premises which held that the distance rule cannot be the only criteria for allowing a TASMAC shop to function near a college. In...
Citizenship Exclusive Domain Of Centre, Civil Court Has No Jurisdiction To Decide Question Of Renunciation: Gujarat High Court
The Gujarat High Court has made it clear that civil courts have no jurisdiction to entertain and decide the question about citizenship of a person and that the said question falls within the exclusive domain of the Central government.Justice Nisha Thakore held thus in context of Section 9(2) of the Citizenship Act 1955 which provides that question whether any citizen of India has acquired...
Parliament Passes Family Courts(Amendment) Bill 2022
The Rajya Sabha on Thursday(August 4) passed the Family Courts (Amendment) Bill, 2022 to overcome the issue of lack of jurisdiction of Family Courts in the States of Himachal Pradesh and Nagaland. The Lok Sabha had cleared the Bill on July 26.Though the Government of Nagaland established two Family Courts in September 2008 and the Government of Himachal Pradesh established three Family Courts...
Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court
The Allahabad High Court has observed that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings when the reasons assigned by the Court below are found to be just and proper.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if two reasonable...
PIL Filed In Kerala High Court Against Ernakulam District Collector Over Delay In Declaring Holiday For Schools Amid Heavy Rains
A Public Interest Litigation was filed before the Kerala High Court against the delayed decision of the District Collector, Ernakulam, to declare holiday for the Schools and Colleges in the District due to heavy rainfall. It also sought a directive to frame proper guidelines on declaring holidays to the Schools and Colleges.The PIL has been filed by Advocate MR Danil, a lawyer practising at...
Paltry Remuneration, Insufficient Support Staff For Committee Set Up For Publishing Ambedkar's Works: Bombay High Court Expresses Displeasure
The Bombay High Court remarked that the honorarium and allowances granted to non-official members of committee overseeing publication of the works of Dr. B. R. Ambedkar was not sufficient. "Honorarium must be honorarium. We accept they may not ask for more but is it not the duty of the govt that it pays amount commensurate of their status, knowledge and services being...
Remarks Against Judiciary : Madras High Court Issues Second Contempt Notice Against Savukku Shankar
The Madurai Bench of the Madras High Court has again issued notice to Youtuber/Commentator for his remarks against the Indian Judiciary in a recent Youtube interview where he made the below remark:"The entire higher judiciary is riddled with corruption"When the matter came up before the bench of Justice GR Swaminathan and Justice B Pugalendhi today, the court issued notice to Savukku Shankar...
Plea In Rajasthan High Court Challenges "Belated" IOCL Notification Mandating CLAT Clearance For Law Officer Appointment
A plea has been filed before the Rajasthan High Court challenging the "belated" notification issued by Indian Oil Corporation Ltd. requiring applicants to clear CLAT for applying to the post of Law Officer (Grade A) and Senior Law Officer (Grade A1).The plea filed by law graduate and Company Secretary Pratibha Khandelwal states that the impugned notice for recruitment was issued on July 21,...
Kerala High Court Issues Notice On PIL Challenging Arrests For "Black Flag" Protests Against Chief Minister
The Kerala High Court on Tuesday sought answers from the State Government in a Public Interest Litigation filed challenging the arrest and detention of persons who protested against the Chief Minister by waving black flags.A Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P Chaly has issued notice to the Kerala Government and the District Police Complaint Authority...
Allahabad High Court Orders Declaration Of 3 LLM Students' Results Withheld By BBD University Over Non Payment Of Fee
The Allahabad High Court has directed the Babu Banarasi Das University in Lucknow to declare the results of 3 LLM students that were withheld by the University administration over non-payment of fee.The Bench of Justice Pankaj Bhatia was essentially hearing the plea filed by Ravi Sarthi and 2 others who are pursuing their Masters of Law Degree with specialization in Criminal and Security...
GST Rates & Exemptions: List Of 16 Services
The Central Board of Indirect Taxes and Customs (CBIC) has issued clarifications regarding applicable GST rates and exemptions on certain services.The Board has received representations seeking clarification on the various issues, including the GST rate of ice-cream, GST on storage or warehousing of cotton in baled or ginned form, GST on sanitation and conservancy services supplied to...