News Updates
Order 18 Rule 1 CPC | Defendant May Be Asked To Lead Evidence First If Case Set Up By It Is Such That Proving It Would Decide All Issues In Suit: Delhi HC
The Delhi High Court has held that the Court has the authority to give necessary directions under Order 18 Rule 1 CPC on the procedural aspect as regards which party will lead evidence first. The bench further noted that correction of a procedural order was an inherent power of the court and may be corrected ex debito justitiae to prevent the abuse of its process.Justice Mini Pushkarna...
State Action Not Amenable To Writ Jurisdiction In Contractual Setting: Gujarat High Court
The Gujarat High Court has observed that when the State or its instrumentality enters into a contract with a contractor or bidder, they would be governed by the terms of the contract and ordinarily both the parties would be governed by the law that governs the terms and conditions of the contract. It added, that in such circumstances, the acts of the State would not be amenable to the...
Paul Muthoot Murder : Supreme Court Issues Notice On Brother's Plea Challenging Acquittal Of Key Accused
The Supreme Court, on Monday, agreed to hear the challenge to the order of the Kerala High Court, which, inter alia, set aside conviction and sentence under Section 302 of the Indian Penal Code for Jayachandran, alleged to be leader of the unlawful assembly involved in the Paul Muthoot George murder case. Hearing brief submission made by Advocate, Mr. Kuriakose Varghese a...
Plea Seeking FIR Against Union Minister Smriti Irani For Alleged NCW Appointment Scam Dismissed By Allahabad HC
The Allahabad High Court recently dismissed a revision plea seeking registration of a First Information Report (FIR) against Union Minister Smriti Irani and two others alleging that they had demanded ₹25 lakh to appoint the Revisionist as a member of the National Commission for Women (NCW).The bench of Justice Dinesh Kumar Singh was essentially dealing with the revision plea filed by...
Jurisdiction Of Court While Issuing Writ Of 'Quo Warranto' Limited To Cases Where Person Holding Public Office Is Ineligible: Delhi High Court
The Delhi High Court has held that the jurisdiction of the Court while issuing a writ of quo warranto is limited to cases where the person holding public office did not meet with the eligibility criteria or when the appointment was contrary to the statutory rules. The division bench of Chief Justice Satish Chandra Sharma and Justice Subramoniam Prasad also noted that the Court cannot sit...
Indian Diplomats In Non-Apostille Countries Empowered To Administer Oath, Take Affidavits & Notarise: Kerala High Court
The Kerala High Court recently ruled that Indian diplomatic officers in non-Apostille countries are empowered to administer oath, take affidavits and do notarial acts as per Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act. Justice V.G. Arun added that such oath, affidavit and notarial act administered, sworn or done by or before any such diplomatic officer shall...
J&K&L High Court Orders Probe On Father's Plea Alleging Killing Of Minor Son In Staged Encounter By Indian Army In 1995
The Jammu & Kashmir & Ladakh High Court on Monday ordered an inquiry by an officer not below the rank of Senior Superintendent of Police into the killing of a minor in an encounter with the Indian Army in the year 1995. A bench of Justice Moksha Khajuria Kazmi was hearing a plea wherein the father of the deceased had alleged that his son Manzoor Ahmad Shalla, a minor, has...
Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form.The court observed that the petitioner failed to give due details and therefore, violated Clause-2(n) of the...
Sexual Assault Allegations: Delhi High Court Stays Suspension Of Judoka Jasleen Saini, Allows Him To Participate in CWG 2022
The Delhi High Court on Wednesday granted interim relief to Judoka Jasleen Singh Saini by staying the order of suspension imposed on him by the Judo Federation of India (JFI) on allegations of misconduct during the Madrid European Open (Judo) and Training held in Madrid, Spain. The order of JFI stated that three Judokas including Jasleen Singh Saini left their hotel at Madrid on the night of...
Freedom Fighter's Pension Cannot Be Said To Be "Income" For Denying Benefit Of Family Pension: Madras High Court
The Madras High Court recently reiterated that the Freedom Fighter's Pension could not be brought under the category of family income for grant of family pension. It observed that Freedom Fighter's pension is given to honor the sacrifices made by them for the nation in the freedom struggle. The court thus allowed a woman's plea to draw a family pension arising out of her mother's service...
Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court
Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved. Justice Mehta relied on M/s. Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing...