Parties Must First Oppose Pre-Judgment Property Attachment Notice Before Trial Court Instead Of Invoking Article 227: AP High Court

The Andhra Pradesh High Court has held that the high court's supervisory jurisdiction under Article 227 of the Constitution cannot be invoked in a routine manner to challenge a show cause notice for attachment of property under Order 38 Rule 5 CPC, when an effective statutory remedy is available before the trial court. The Court observed that the power under Order XXXVIII Rule 5 CPC is...

High Court Stays Delhi Government's SOP Allowing Tree Pruning Without Prior Permission

The Delhi High Court has stayed the operation of a Standard Operating Procedure (SoP) issued by the Delhi Government last year permitting “general tending and light pruning” of tree branches having girth less than 15.7 cm without prior permission from the Tree Officer. Justice Jasmeet Singh observed that the SOP was contrary to an earlier binding judgment of the Court.The Court said that...

NRC Extracts Not Admissible To Prove Citizenship: Gauhati High Court Upholds Foreigner Tribunal Order

The Gauhati High Court has reiterated that extracts of National Register of Citizens (NRC) produced to prove Indian citizenship is not admissible in evidence for any purpose. A Division Bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan observed:"The petitioner had thereafter relied on the NRC details wherein the petitioner was shown as the son of Abul Haki. The same is again...

Delhi High Court Quashes Centre's Decision Refusing OCI Card To The Wire's Siddharth Varadarajan

The Delhi High Court on Tuesday set aside a communication of Central Government rejecting the request of The Wire's Founding Editor Siddharth Varadarajan for conversion of his PIO card to OCI card. Justice Purushaindra Kumar Kaurav said that the communication is unreasoned and cannot be sustained, while also restoring Varadarajan's application for OCI card. The Court directed the...

Madras High Court Restrains TVK MLA From Floor Test Voting, Passes Interim Order In DMK Candidate's Challenge To 1-Vote Win

The Madras High Court in an interim order on Tuesday ( May 12) restrained TVK candidate Seenivasa Sethupathi–who won from Tiruppattur constituency, from participating in any floor motion in 17th Legislative assembly including the confidence motion or floor test. For context, the trust vote is due to take place soon after TVK came to power electing actor Vijay as the Chief Minister of...

Mere Allegations Of Adultery Can't Disentitle Wife From Interim Maintenance Under Section 125 CrPC: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a husband cannot deny interim maintenance to his wife under Section 125 of the Code of Criminal Procedure merely by levelling allegations of adultery, without such claims being substantiated by cogent and legally admissible evidence.Justice Neerja K. Kalson said,"matrimonial litigation cannot be permitted to become a forum for...

False Assurances Of Govt Jobs To Unemployed Youth Constitute Grave Offence: P&H High Court Rejects Pre-Arrest Bail Despite Compromise

The Punjab and Haryana High Court has held that duping unemployed youth on the false promise of securing government jobs constitutes a grave offence with serious societal repercussions, while rejecting a plea for anticipatory bail in a fraud case. The Court observed that a compromise between the parties cannot dilute the seriousness of allegations involving cheating and forgery.Justice...

AP High Court Slams State Public Service Commission For Repeated Re-Evaluation Of Aspirant's Answer Script Despite Express Bar

The Andhra Pradesh High Court slammed the Andhra Pradesh Public Service Commission (APPSC) for repeatedly constituting committees for re-evaluation of a Group-I Services aspirant's answer script of the recruitment exam, despite Supreme Court judgments which prohibit such re-evaluation. The petitioner had sought appointment after multiple expert committees reassessed his Paper IV answer...

Karnataka High Court Stays FIR Against Writer Chakravarthi Sulibele For Alleged Anti-Muslim Speech During Public Function

Karnataka High Court has in an interim order stayed the operation of an FIR registered against writer & political activist Chakravarthi Sulibele accused of pushing inflammatory, anti-Muslim rhetoric about Muslim girls during a public function at Dharwad.The single judge bench of Justice Hanchate Sanjeevkumar, in his May 7 order noted:“…there is a need for consideration of the matter...

Allahabad HC Censures ADM For Rejecting Conversion Application Of Muslim Man Who Voluntarily Embraced Hinduism

The Allahabad High Court last week strongly censured an Additional District Magistrate for ordering unwarranted and repeated police inquiries under the UP's anti-conversion law against a Muslim Man who voluntarily converted to Hinduism The repeated inquiries were sought merely because a criminal case was lodged against the applicant by his father-in-law, who was apparently opposed to...

Contractual Employee Under MGNREG Scheme Can't Be Removed On Vigilance Recommendation By Bypassing Govt Guidelines: Kerala High Court

In a recent decision, the Kerala High Court held that a contractual employee working under the MGNREG Scheme can be removed only in accordance with the procedure laid down by the guidelines issued by the government.Justice A. Badharudeen observed that the employee cannot be removed merely on the basis of a recommendation made by the Vigilance and Anti-Corruption Bureau (VACB).The Court...

Allahabad HC Stays Defamation Case Against 'Hindustan' Newspaper Chief Editor Over Report On Rly Officer's Arrest

The Allahabad High Court has stayed the proceedings of a criminal defamation complaint filed against Shashi Shekhar, the Editor-in-Chief of the daily newspaper 'Hindustan'. A bench of Justice Brij Raj Singh passed the order while hearing a plea filed by Shekhar seeking quashing of the entire proceedings of a complaint case, as well as the summoning order passed by the Civil Judge...