Under SARFAESI & RDB Acts, Dues Of Secured Creditors Take Precedence Over Govt Dues: Allahabad High Court

The Allahabad High Court has held that under Section 26-E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993, the debts of the secured creditors will take precedence over all over debts including crown debts.The bench of Justice Shekhar B. Saraf and Justice Praveen Kumar...

NH-544: Kerala High Court Lifts Suspension Of Toll Collection At Paliyekkara

The Kerala High Court today lifted suspension of toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH-544 highway.More than two months have lapsed since toll collection was suspended by the High Court, following a 12-hour blockade purportedly due to ongoing construction projects sanctioned by National Highway Authority of India (NHAI).The division bench comprising Justice A...

Removal/Substitution Of Entry In Records Under Land Revenue Act Is Judicial Matter, Opportunity Of Hearing Necessary: Allahabad High Court

The Allahabad High Court has held that any change in the entry in revenue records, including removal or substitution under Section 34 of the Land Revenue Act is a judicial matter for which opportunity of hearing must be provided to concerned parties.Justice Irshad Ali held,“Grant of opportunity of hearing in administrative matters is comparatively a recent doctrine. As far as judicial...

High Court Allows Law Graduate's Plea Against Change In Haryana ADA Recruitment Exam Syllabus

In a significant development, the Punjab and Haryana High Court today has allowed a petition challenging the abrupt change in the syllabus for the Haryana Assistant District Attorney (ADA) recruitment exam, which had shifted the focus from law-centric subjects to general knowledge.The new syllabus for Haryana ADA Screening Test included Current Events of National and International...

Daughter Not Entitled To Inherit Property Of Mitakshara Hindu Father Who Died Before 1956 If Son Is Alive: Chhattisgarh High Court

The Chhattisgarh High Court has held that as per the Mitakshara school of law, a daughter is not entitled to inherit the properties of her deceased Hindu father, who died prior to the year 1956 i.e. year of enactment of Hindu Succession Act, if son is alive.A Single Bench of Justice Narendra Kumar Vyas also clarified that a daughter can claim her right over such property in absence of son. In...

'Colourable Exercise Of Power': Kerala High Court Sets Aside Order Transferring KSRTC Bus Driver Over Bottle Row

The Kerala High Court on Thursday (October 16) set aside the order transferring KSRTC (Kerala State Road Transport Corporation) bus driver Jaimon Joseph, who came to limelight following the 'bottle' row involving State Transport Minister, K.B. Ganesh.After a detailed hearing yesterday, Justice N. Nagaresh observed that Jaimon's transfer from Ponkunnam in Ponkunnam in Kottayam district to...

Departmental Proceedings Instituted Before Retirement Can Continue; Punishment May Be Imposed Irrespective Of Pecuniary Loss : Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Sujoy Paul and Justice Smita Das De held that departmental proceedings instituted before retirement can validly continue under Rule 9(2) of the Railway Services (Pension) Rules, 1993, and punishment may be imposed even after superannuation for grave misconduct or negligence, irrespective of pecuniary loss to...

'Truly Alarming': Bombay High Court Flags Realistic Nature Of Deepfakes, Protects Akshay Kumar's Personality Rights

While protecting the personality rights of Bollywood Actor Akshay Kumar, the Bombay High Court has expressed concern over the "realistic" nature of deepfake images and videos being created by using Artificial Intelligence (AI).Single-judge Justice Arif S. Doctor in his October 15 order said, in such cases of celebrities seeking protection of personality rights, it is alarming to see that...

Sessions Court Cannot Suspend Accused's Sentence Solely To Enable Filing Of Revision Plea: Gujarat High Court

The Gujarat High Court has said that there is no provision in the CrPC/BNSS which empowers the first appellate court to suspend the sentence or release an accused solely on the ground of enabling him to file a revision plea challenging conviction before Higher Courts.The court observed that the legislature did not intend to confer power to the appellate Court to stay or suspend the sentence or...

'Authorities Exploiting Citizen In Name Of Volunteers': P&H High Court Directs Regularisation Of Home Guard Serving For Three Decades

In a strong observation against the exploitation of long-serving personnel, the Punjab and Haryana High Court has directed the regularisation of a Home Guard who has been serving for nearly three decades.Justice Jagmohan Bansal said, "A member who is working for part of the day or part of the month or part of the year and doing some other job for his livelihood may be called as...

MP High Court Directs State To Strictly Implement Provisions Of Pre-Conception & Pre-Natal Diagnostic Techniques Act

The Madhya Pradesh High Court, on Monday (October 14), directed the State to strictly comply with the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules of 2014 regarding the qualification of doctors and staff doing sonography of pregnant women. In doing so, the court dismissed a public interest litigation filed by a...

Non-Combat Roles In Security Forces Not Trivial, Even Minor Lapse Can Endanger Country: Delhi High Court

Stating that no role is trivial in security forces, the Delhi High Court has upheld the dismissal of a Water Carrier from CRPF over submission of a fake matriculation certificate.Rejecting the plea that he was non-combat staff— not involved in any security duty and the punishment of dismissal is disproportionate, a division bench of Justices Subramonium Prasad and Vimal Kumar...