High Courts
Madras High Court Weekly Round-Up: October 14 - October 20, 2024
Citations: 2024 LiveLaw (Mad) 385 To 2024 LiveLaw (Mad) 389 NOMINAL INDEX K.A.Meeran Mohideen v Sheik Amjad and others, 2024 LiveLaw (Mad) 385 Abdul Gani Raja v The State, 2024 LiveLaw (Mad) 386 Jacob v The State, 2024 LiveLaw (Mad) 387 The Assistant Director (PMLA) v Ashok Anand, 2024 LiveLaw (Mad) 388 Tmt.S.Sindhu v Tamil Nadu State represented by Drugs...
"Judges Can't Hide Behind Curtains": Madras HC Dismisses Savukku Shankar's Contempt Plea Against DMK Leader For Alleged Comments On Sitting Judge
The Madras High Court, on Friday, dismissed a contempt petition filed by YouTuber Savukku Shankar against DMK Organisation Secretary RS Bharathi for the latter's comment against Justice N Anand Venkatesh. The bench of Justice SM Subramaniam and Justice V Sivagnanam noted that Justice Venkatesh himself had expressed that he did not want to initiate contempt proceedings. The court also...
No Provision Empowering Collector To Recover Deficiency In Registration Fee Under Stamp Act: Allahabad High Court
The Allahabad High Court has held that there is no provision in the Indian Stamp Act, 1899 which empowers the Collector or other stamp authorities to recover deficiency in registration fees.Besides recovery of deficiency in Stamp Duty, recovery was ordered against the petitioner regarding deficiency in registration fees on Document No. 1549/2022 & 1548/2022. Further, penalty of Rs....
Right To Seek Reference To Arbitration U/S 8 Can Be Waived At Instance Of Defendant: Delhi High Court
The Delhi High Court bench of Chief Justice Manmohan and Justice Tushar Rao Gedela has held that a Defendant (in a civil suit) has the right to withdraw an application filed under Section 8 of the Arbitration and Conciliation Act, 1996, and submit to the jurisdiction of the Civil Court. The court held that when the Defendant (herein, the Respondent) withdrew the application seeking...
S.52 Transfer Of Property Act | Court Can Permit Party In Pending Partition Suit To Sell Its Share Of Land To Meet Medical Expenses: Patna HC
The Patna High Court recently ruled that if a party seeks to sell the land it is likely to receive after partition- to cover medical expenses for his daughter and himself, his request should be considered and not dismissed solely on the grounds that such a sale would be affected by Section 52 of the Transfer of Property Act.Justice Arun Kumar Jha, who presided over the case, emphasized, “If...
S.126(2) CrPC | Family Court Must Satisfy Itself Of Party's 'Wilful' Absence Before Proceeding Ex-Parte In Maintenance Proceeding: Patna HC
The Patna High Court has, while setting aside a Family Court's ex-parte maintenance order under Section 126(2) CrPC in favour of the wife, held that before proceeding ex parte, the Magistrate must be satisfied that the person against whom the maintenance order is proposed is wilfully avoiding service or wilfully neglecting to attend court.Justice Arvind Singh Chandel presiding over the...
MP High Court Interim Order Permits Candidate With Pending Criminal Case To Appear For Nursing Entrance Exam Despite Bar In Admission Rules
Madhya Pradesh High Court recently directed the State to accept the admission form of a student leader, who was barred from applying for the post Basic B.Sc. and M.Sc. Nursing courses due to pending criminal cases. Justice Sanjeev Sachdeva and Justice Vinay Saraf stated that merely having pending criminal proceedings, without any conviction, should not disqualify a candidate from...
Police 'Clandestinely' Providing Closure Report To Accused Despite Prohibition In CrPC And RTI Act Is Serious Misconduct: Madhya Pradesh HC
While hearing a plea seeking recall of an order upholding the direction for registration of FIR against Petitioner, the Jabalpur Bench of Madhya Pradesh High Court expressed its concern at the "clandestine manner" in which police authorities provided certain documents to the Petitioner-accused, despite statutory prohibitions.In stating so, the high court observed that the "misconduct shown by...
Repatriation Of Deputationist Must Be Based On Valid Reasons, Cannot Be Done As Punishment: MP HC
Madhya Pradesh High Court: Justice Sanjay Dwivedi quashed the repatriation order of a Water Resources Department engineer from his deputation at the Narmada Valley Development Department, holding that repatriation must be based on valid administrative reasons and not used as a punitive measure. The court found the replacement of the petitioner with an officer facing corruption...
Is Letters Patent Appeal Maintainable Against Order Of Single-Judge In Criminal Jurisdiction?: J&K High Court Refers To Larger Bench
To determine whether a Letters Patent Appeal (LPA) under Clause 12 of the Letters Patent applicable to Jammu & Kashmir and Ladakh is maintainable against an order or judgment passed by a Single Judge in criminal jurisdiction, the Division Bench of the Jammu & Kashmir and Ladakh High Court has referred the matter to the Chief Justice for further reference to a Larger Bench.The...
Kerala High Court Weekly Round-Up: October 14- 20, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 634-652]Romi K J @Romy v State of Kerala, 2024 LiveLaw (Ker) 634K.T. Saidalavi v. The State Tax Officer, 2024 LiveLaw (Ker) 635Transformers And Electricals Kerala Ltd. v. The Commissioner Of Central Tax And Central Excise Central Revenue Building, 2024 LiveLaw (Ker) 636Fisal Khan v State of Kerala, 2024 LiveLaw (Ker) 637State of Kerala v Ismail...
Daily Wage Employment Through “Backdoor Entry” Creates No Right To Regularization Even After Decade Of Service: Patna High Court Dismisses LIC Workers' Plea While Clarifying Regularization Principles
Patna High Court: Justice Dr. Anshuman dismissed a writ petition seeking regularization of daily wage workers employed by the Life Insurance Corporation of India (LIC) on the ground of non-joinder of LIC as a party. The petition was filed by several daily wage workers claiming over ten years of service with the LIC. The court held that the petition was defective as LIC, a necessary...