Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

Madhya Pradesh High Court (Gwalior Bench): A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. It held that recoveries of excess payments made to Class III and IV employees after retirement are impermissible, unless there is misrepresentation or fraud. It also held that any specific undertaking allowing such recovery...

POCSO Case | Journalist Chitra Tripathi Moves High Court Against Arrest Warrant Issued By Gurugram Court

TV News Anchor and Journalist Chitra Tripathi (working with ABP News) has moved the Punjab and Haryana High Court challenging last month's order of the Gurugram Court issuing a non-bailable warrant of arrest against her in connection with a POCSO Case.The Court had passed this order while cancelling her bail and rejecting her application for exemption from personal appearance before the...

Telangana HC Orders Disciplinary Action Against Revenue Officials For Altering Land Entries In Private Party's Favour Despite Status Quo Order

The Telangana High Court has directed the State to take disciplinary action against revenue officials for altering revenue records and issuing a pattedar-passbook in favour of a respondent third party despite subsisting status quo orders which had been issued earlier. “The respondent No. 1 is directed to initiate suitable disciplinary action against the Officers, who are involved in...

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure.Justice H P Sandesh held thus while allowing an appeal filed by one K Raja and set...

Telangana High Court Dismisses Ex-MLA Patnam Narender Reddy's Plea Against Remand In Lagerchala Collector "Attack" Case

The Telangana High Court has dismissed a plea by former MLA of BRS party Patnam Narender Reddy for quashing an order remanding him to judicial custody in connection with the alleged attack on the District Collector, Kodangal Urban Development Authority (KADA) by the residents of the Lagcherla village last month. The court found that the Magistrate court in the present case had directed...

Contempt Case Filed In Kerala High Court Against CP(I)M State Secretary MV Govindan For Blocking Roads To Hold Party Conference

A contempt case has been filed against CP(I)M State Secretary M V Govindan in the Kerala High Court for allegedly blocking the roads by constructing a stage for holding Palayam area conference of the party on December 5. The contempt case has been filed alleging that the MV Govindan has violated the directions of the Court dated June 23, 2010 in WP(C) No. 19253 of 2010, where a Division...

Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks

The Calcutta High Court on Monday stressed upon state advocates that in all cases of drinking and driving, where an accident had occurred, the state must add Section 304(II) IPC (culpable homicide not amounting to murder) as a charge against the accused, instead of Section 304(I) for merely reckless driving.Justice Tirthankar Ghosh stated: "Normal reckless driving S,304(I) is okay....SC...

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. Brief Facts The petitioner is a private limited company has filed this petition under section 11 of the Arbitration Act seeking appointment of...

Mere Giving Of Hand Loans On One Or Two Occasions Is Not 'Money Lending Business': Kerala High Court

The Kerala High Court has ruled that the mere giving of hand loans on one or two occasions cannot be considered as engaging in money lending business, since that would discourage people from offering emergency hand loans due to fear of penal consequences under the Kerala Money-Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act.In the facts of the case, the petitioners...

Allahabad HC Adjourns Subramanian Swamy's PIL Against UP Govt's Action Declaring Temples' Fairs As Govt 'Melas' Till Jan 17

The Allahabad High Court today adjourned the hearing of Bharatiya Janata Party (BJP) leader Subramanian Swamy's PIL (Public Interest Litigation) plea moved challenging the Uttar Pradesh government's 2017 decision to take over the management of Melas and festivals associated with three temples of the state. A bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar posted the...

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case

Overturning a 22-year old acquittal in a dowry death case, the Jodhpur bench of the Rajasthan High Court cancelled the bail bonds of the accused father-in-law and the mother-in-law, noting that they failed to explain the circumstances leading to the woman's death since the alleged crime took place within the four walls of their home.The court said that the duo failed to discharge their...

14th Century Jaunpur Atala Mosque Row | Allahabad HC Seeks Reply Of Plaintiffs In Suit Claiming Masjid To Be A Temple

The Allahabad High Court has called for a counter affidavit from the plaintiffs in a suit moved before a Civil Court in Jaunour, claiming that the 14th Century Atala Mosque in Jaunpur was originally an ancient Hindu temple of Atala Devi.The suit, moved by the Swaraj Vahini Association (SVA) and one Santosh Kumar Mishra, seeks a declaration that the disputed property is 'Atala Devi Mandir'...