Intervenor Can't Insist On Being Added As Party In Partition Suit When Claim Is Based On Unregistered Gift Deed: Patna High Court

While allowing a plea against an order which permitted the impleadment of an intervenor in a partition suit, the Patna High Court observed that the intervenor cannot insist on being added as a party to the suit as her claim was based on an unregistered gift deed. In doing so the high court observed that intervenor may make her claim in her independent capacity on the basis of her right and...

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt

The Allahabad High Court last week acquitted one Ram Krishna, who was convicted for the offence of murder (incident dates back to August 1981) by a Sessions Court in March 1983 and sentenced to life imprisonment by giving him the benefit of the doubt. A bench of Justice Siddhartha Varma and Justice Vinod Diwakar found that PW1's testimony, based on which the accused was convicted by the...

UP Revenue Code | Suit Filed U/S 144 Based On Oral Sale Deed Must Disclose Findings Of Proceedings U/S 38 (1), If Any: Allahabad HC

The Allahabad High Court has observed that a suit filed under Section 144 of the UP-Revenue Code 2006 on the basis of an oral sale deed and alleged possession must include findings of the proceedings under Section 38 (1) of the code regarding the sale deed. For context, Section 144 of the 2006 Code deals with Declaratory suits by tenure holders and Section 38 (1) deals with...

Sale Deed Not Document Issued By Revenue, Can't Be Used To Verify Land's Classification As 'Agricultural' For Taxation Purposes: Delhi HC

The Delhi High Court has held that sale deed is not a document issued by the revenue authorities or any government authority which would certify the agricultural nature of a land. “A sale deed primarily reflects the transaction between the parties and the terms of sale, but it does not, in itself, verify the land's classification as agricultural for the taxation purposes....

Minor Children's Difficulty In Adapting To New Academic Environments Insufficient Grounds To Void Transfer Order:Delhi High Court

Delhi High Court: Justice Girish Kathpalia dismissed the writ petition filed by Ravinder Mandal and found no grounds for malafide intent behind the issuance of his transfer order. The High Court concluded that the transfer was a legitimate administrative action aligned with Mandal's contractual obligations as a transferable employee, and his non-compliance with the...

Vacant Abadi Land Can't Be Used For Panchayat Bhawan Construction At The Cost Of Public Utility Buildings: Allahabad HC

The Allahabad High Court has observed that the vacant land of Abadi may be used for the construction of Panchayat Bhawan, but it cannot be at the cost of any other building for public utility. A bench of Justice Saurabh Shyam Shamshery observed thus while dealing with a suo moto matter concerning the restoration of a community health centre in Village Panchayat Alauddinpur, Block...

Take Policy Decision On Guidelines For Foreigners With Criminal Cases And Expired Indian Visas: Delhi High Court To Centre

The Delhi High Court has recently asked the Union Government to take a policy decision as to whether certain guidelines ought to be framed at national level in respect of foreigners against whom criminal cases are lodged and whose Indian visas have expired.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma also directed the Centre to decide if such foreigners who...

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court

Kerala High Court: The Division Bench comprising Justice A. Muhamed Mustaque and Justice P.M. Manoj dismissed the petition filed by S. Gopalakrishnan Potti seeking penal interest on delayed pensionary benefits and back wages. The court upheld the Kerala Administrative Tribunal's (KAT) decision, ruling that delays in disbursing benefits were justified due to pending...

Can't Approve MCD Not Paying Wages, Retiral Benefits To Its Employees; If They Default They Must Suffer Interest: Delhi High Court

The Delhi High Court has recently said that it can never be an approver to the Municipal Corporation of Delhi (MCD) not paying wages or retiral benefits to its employees. A division bench comprising Justice C Hari Shankar and Justice Sudhir Kumar Jain that in case the civic body defaults in paying, it must “suffer interest”, emphasising that “there is no escape.”“How the MCD manages...

Girl Booking Hotel Room, Entering It With Boy Does Not Mean She Consented To Sex: Bombay High Court

In a significant ruling, the Bombay High Court at Goa held that even if a girl books a hotel room along with a man and goes inside the room, it would not mean that she has consented to sexual intercourse.Single-judge Justice Bharat Deshpande quashed an order passed by a Trial Court in Margao on March 3, 2021, discharging a man from rape charge. The Trial Court in its order, opined that since...

High Court Directs Delhi Govt's Chief Secy To Enable Online Registration Of Muslim Marriages In Time Bound Manner

The Delhi High Court has directed Delhi Government's Chief Secretary to ensure that marriages solemnized under the Muslim personal law are registered online as mandated by the Delhi (Compulsory Registration of Marriage) Order, 2014.Justice Sanjeev Narula directed the Chief Secretary to personally look into the issue and ensure compliance of a judgment passed on July 04 directing the...

[S.138 NI Act] Not Making Company Separate Accused In Cheque Bouncing Complaint Isn't Fatal To Prosecution Case: Jharkhand HC

The Jharkhand High Court dismissed a petition filed by the Director of a company seeking to quash criminal proceedings for cheque bouncing under Section 138 of the Negotiable Instruments Act and said that not making the company a separate accused in the complaint would not be fatal for the prosecution. The Court noted that while the company that issued the cheque was not named as an accused,...