Special Investigation Team Of CID Not Vitiated Merely Because All Members Not From CID: Karnataka HC While Rejecting BJP MLA Munirathna's Plea

The Karnataka High Court has dismissed a petition filed by BJP MLA Munirathna, seeking to quash a case registered against him for allegedly demanding money from a contractor who had been entrusted under the Solid Waste Management Tender of the Bruhat Bengaluru Mahanagara Palike (BBMP). The FIR is lodged under Sections 504, 506, 323, 385, 420 and 37 of the Indian Penal Code and is...

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC

The Orissa High Court has remarked that a well-qualified husband, who quits his job to sit idle and remains unemployed in order to deprive his wife of maintenance, cannot be appreciated in a civilised society. While deciding a maintenance dispute, the Single Bench of Justice Gourishankar Satapathy further observed –“Remaining unemployed is one thing and sitting idle having qualification...

Magistrate Can Cancel Bail Granted By High Court For Violating Conditions When Specifically Authorised To Do So: Kerala High Court

The Kerala High Court has held that a Magistrate can cancel bail given by High Court for violating bail conditions, when the former is specifically authorized to do so.In the instant case, the petitioners were given bail by the High Court which was subsequently cancelled by the Magistrate Court for violating the bail conditions. The petitioners challenged the order of the Magistrate on the...

Karnataka High Court Rejects Law Student's Appeal Against Penalty Imposed For Indulging In Malpractice During Exams

The Karnataka High Court on Wednesday dismissed an appeal filed by a law student challenging an order of the single judge which upheld the order of Karnataka State Law University, not permitting her to take future exams for indulging in malpractise during an examination.A division bench of Chief Justice N V Anjaria and Justice M I Arun dismissed the appeal filed by Arthi B and said “The...

'Luxury Litigation': Delhi High Court Dismisses SBI's Plea To Expunge Magistrate's Remarks Suggesting Collusion In Loan Default Case

Remarking that the State Bank of India (SBI) was pursuing a “luxury litigation”, the Delhi High Court dismissed the bank's petition which sought to expunge remarks made by a Magistrate which pointed to a lack of due diligence on the part of SBI in recovery of loan amount and further indicated collusion with the defaulter.Justice Dharmesh Sharma commented, “This is a luxury litigation...

Rajasthan HC Admits Plea Challenging Installation Of Petrol Pump Near Crematorium & 11,000 KV High-Tension Line, Confirms Stay Order

The Rajasthan High Court has admitted a petition challenging installation of a Hindustan Petroleum Corporation Limited (“HPCL”) petrol pump 25 meters near a shamshan and 18 meters near a high-tension line of 11,000 KV, while confirming the order that stayed such installation, permitting HPCL to take out the motor spirit if already stored in the underground tanks.The bench of Justice...

Insurance Company Only Liable To Disburse Amount To Beneficiary Or Collector Nominee, Need Not Get Into Dispute Of Legal Heirs: Madras HC

The Madras High Court has recently held that while disbursing the amount under an insurance policy, the Insurance company was only expected to disburse the amount to the beneficiary nominee or collector nominee named in the policy and need not go into any dispute regarding the legal heirs. Relying on an earlier order of the Madras High Court, Justice Bharatha Chakravarthy noted that...

'Shocking': MP High Court On State Withholding Honorarium Of Health Coordinators Who Worked During Covid-19 Despite Expiry Of Contract

The Gwalior Bench of Madhya Pradesh High Court has criticized the State authorities for denying honorarium to Early Childhood Care and Education Coordinators within the Child Development Project, who were compelled to work during the Covid-19 Pandemic even after their contractual period was over.A single judge bench of Justice Gurpal Singh Ahluwalia observed, “It is really shocking that...

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her.In doing so, the Court opined that it cannot be said that the consent of prosecutrix was free consent, if the applicant has misused his position. The Court also said that prosecutrix statement...

Party Can Inquire Case Status From His Counsel, Mere Lack Of Communication With Lawyer Not Ground To Condone Delay In Filing Appeal: Rajasthan HC

While dismissing a challenge to trial court's dismissal of an appeal barred by two and half years, Rajasthan High Court observed that it could not excuse the delay only on the grounds that the petitioner was not informed by his counsel about the order passed by the lower court, when no justification was provided on his failure to ask about the status of his case from his counsel.The bench...

AP High Court Issues Notice On Subramanian Swamy's Plea For CBI/SIT Probe Into Alleged Violence During Tirupati Dy Mayor Election

The Andhra Pradesh High Court issued notice on a petition filed by former Rajya Sabha MP Dr. Subramanian Swamy seeking CBI/SIT investigation into the alleged violence during the election of Deputy Mayor of Tirupati held on February 4A bench led by Chief Justice Dhiraj Singh Thakur issued notice to Union Government, the CBI, Andhra Pradesh Home Department, Director General of Police and the...

Subsequent Notice U/S 28(4) Customs Act Cannot Be 'Supplementary' To Prior Notice U/S 28(1), Both Provisions Operate In Separate Fields: Delhi HC

The Delhi High Court has held that notices under Section 28(1) and Section 28(4) of the Customs Act 1962 operate in different scenarios and even by an exaggerated stretch, cannot possibly be said to be interchangeably issued.Section 28 relates to recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded. It provides for two separate types of notices:...