O.7 R.3 CPC | Not Mandatory To Include Defendant's Property In Schedule To Suit For Determination Of Boundary: Kerala High Court

The Kerala High Court recently held that it is not necessary to schedule the property of the defendant in suits for determination/fixation of boundary as per Order VII Rule 3 of the Code of Civil Procedure. The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar clarified that the mandate is that the plaint must describe the plaintiff's property and mention that the...

Denial Of Disability Pension To Army Personnel Based On Medical Opinion Unsupported By Full Reasons Invalid: Kerala High Court

The Kerala High Court, in a recent decision, laid down that denial of disability pension to an ex-army personnel based on a medical opinion that is not fully supported by reasons is not valid.The Division Bench of Justice K. Natarajan and Justice Johnson John was considering a writ petition that challenged an order of the Armed Forces Tribunal that rejected the claim of the petitioner...

S.17 CPC | Partition Suit For Properties Across Jurisdictions Can Be Filed In Any Court Where A Portion Is Situated: Kerala High Court

The Kerala High Court has said that under Section 17 CPC if immovable properties are situated in the jurisdiction of different Courts, then a partition suit can be instituted in any of the Courts within whose jurisdiction any portion of the property or one or more properties may be situated.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar examined Sections 16 and 17...

Father Can't Discriminate Between Educational Expenses Of Son And Daughter: Madhya Pradesh High Court

The Madhya Pradesh High Court, while allowing a minor daughter's plea for enhancement of maintenance, observed that the father could not be permitted to discriminate between the educational expenses of the son and the daughter. The bench of Justice Gajendra Singh highlighted;"The respondent cannot be permitted to discriminate between the educational expenses of the son and daughter. If...

MP High Court Flags 'Lack Of Coordination' Between Police, Prosecution; Says If IO Can't Be Served Summons, Status Of Other Witnesses Imaginable

The Madhya Pradesh High Court has flagged a 'total lack of coordination' between the police department and the prosecution after observing that, in a murder case the testimony of a Sub-Inspector could not be recorded because of failure to serve summons to him. The bench of Justice Gajendra Singh opined, "If even a Sub-Inspector of the Police Department could not be served, then the status of...

Custodial Death | Lalita Kumari Judgment Does Not Say Deceased's Kin Can Directly Invoke A.226 Over Failure In Lodging FIR: Gujarat HC

The Gujarat High Court dismissed a petition seeking immediate registration of an FIR in an alleged custodial death case of a man, while permitting the kin of the deceased to take recourse to the statutory remedies available to them under BNSS.In doing so the court observed that while Supreme Court's Lalita Kumari v. Government of Uttar Pradesh judgment mandates registration of an FIR when...

Govt Employees Can't Be Victimised Through Transfer Or Attachment Orders: MP High Court

The Madhya Pradesh High Court has set aside the transfer order of a Gram Rojgarsahayak, observing that a government employee cannot be victimised through attachments or punitive transfers, and if the government wants to transfer the employee on administrative grounds, the best option is through a transfer policy. The bench of Justice Anand Singh Bahrawat noted that the preliminary...

MP High Court Asks Centre, State To Inform On Preventive Steps Taken Over Tiger Deaths In Kanha National Park

The Madhya Pradesh High Court has sought detailed responses from the Union and State Governments regarding the preventive and curative steps undertaken by the authorities regarding the deaths of tigers in Kanha Tiger Reserve. The division bench of Justice Vivek Jain and Justice Ajay Kumar Nirankar, issuing notice to the respondents, observed;"The respondents shall come out with specific...

Uttarakhand HC Dismisses State's Appeal As 'Not Pressed' Against Single-Judge Order Permitting Eid Namaz At Nainital Ground

A Division bench of Uttarakhand High Court on Friday dismissed as 'not pressed' a Special Appeal filed by the state challenging a Single Judge's order permitting the offering of Eid-ul-Azha (Bakrid) Namaz at Nainital's famous Gymkhana and District Sports Association field. When the matter came up for a hearing on May 29 before a Bench of Chief Justice Manoj Kumar Gupta and Justice...

Rajasthan High Court Imposes One-Year Social Media Ban On POCSO Accused Held For Allegedly Cyber-Stalking Minor

While granting bail to a POCSO accused, Rajasthan High Court imposed a unique condition that bars him from using all kinds of social media platforms for 1 (one) year, for ensuring safety of the victim. The bench of Justice Ashok Kumar Jain observed that if the accused was found using social media under his own name or any other fictitious name, during this period, the bail order shall...

'Despicable': Bombay High Court Laments 'Assault' On Court Receiver During Execution Of Ex-Parte Order Against Counterfeit Products In Haryana

The Bombay High Court on Friday (May 29) expressed its displeasure over the assault of a court-appointed receiver and the representatives of the Hindustan Unilever Limited (HUL), who visited Ambala in Haryana for executing a court order for seizing large quantity of counterfeit products.Sitting in a vacation court, Justice Shreeram Shirsat has now directed the local police authorities to...

Cashew Corp Scam: Kerala High Court Defers Industries Dept Secretary's Personal Appearance In Contempt Case Till Disposal Of Appeal

The Kerala High Court on Friday (29 May) directed the Single Judge of the Court to defer the personal appearance of the Principal Secretary, Industries Department (Cashew) of the State Government in a contempt case till the disposal of the appeal against the Single Judge's order.The contempt case was initiated by the Court for repeatedly denying sanction for the Central Bureau of...