Plea In Kerala High Court Challenges Tribunal Reforms Act, Appointments Of DRT Ernakulam Presiding Officer & DRAT Chennai Chairperson

A petition has been moved before the Kerala High Court challenging the appointments of Retired Justice G. Chandrasekharan as the chairperson of the Debts Recovery Appellate Tribunal, Chennai and Retired District Judge, Su Williahm, as presiding officer of the Debts Recovery Tribunal, Ernakulam.The plea states that the two appointments were not in accordance with the directions laid down by...

Rajasthan High Court Imposes Cost On State For Re-Litigating Settled Issue Despite 2013 Order

Rajasthan High Court imposed a cost of Rs. 10,000 on the State to be given to the respondents, for repeatedly challenging an issue already settled in 2013, instead of giving effect to the decision of the court.The division bench of Justice Avneesh Jhingan and Justice Baljinder Singh Sandhu was hearing an intra court appeal filed against an order of the single judge passed in 2023 relying upon...

'Conviction Based On Surmise & Conjecture': Orissa High Court Acquits Man Held Guilty For Murder Of Adoptive Parents In 1996

The Orissa High Court has recently acquitted a man held guilty by the trial Court for murder of his adoptive parents in the year 1996. While terming the conviction to be based on “surmise and conjecture”, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash held –“The conclusion arrived at by the learned trial Court in convicting the appellant and the...

Maharashtra Cooperative Societies Act | Audit Test Cannot Be Ordered Without Inspection Of Audit Report: High Court

The Bombay High Court has held that a Test Audit under Section 81(3)(c) of the Maharashtra Cooperative Societies Act, 1960, can only be directed when there is a specific finding, based on an inspection of the audit report, that the audit does not reflect a true and correct picture of the accounts of a cooperative society. Without such inspection and recording of satisfaction, an order for...

Pahalgam Post Case | 'Endangering Unity Of India' Offence Dropped But Charges U/S 352 & 302 BNS Retained Against 'Dr Medusa', Allahabad High Court Told

The Uttar Pradesh Government last week informed the Allahabad High Court that the investigation into an FIR arising out of an alleged social-media post over Pahalgam Terror Attack by an assistant professor of Lucknow University, Dr Madri Kakoti (aka Dr Medusa) has concluded and a charge-sheet will be filed shortly. Counsel for the State told the Court that several sections earlier...

Habeas Corpus Plea Cannot Routinely Be Filed On Being Dissatisfied With Probe In Missing Persons Cases: Rajasthan High Court

While dismissing a habeas corpus writ petition, Rajasthan High Court held that the writ jurisdiction in the case of a missing person could not be invoked as a matter of routine to know the status of investigation or being dissatisfied with the manner of such investigation.The division bench of Justice Avneesh Jhingan and Justice Baljinder Singh Sandhu opined that the scope of Habeas Corpus...

'Business Can Be Curtailed But Environment Shouldn't Suffer': Punjab & Haryana High Court In Plea Against Cap On Green Cracker Sale-Purchase

While hearing a plea challenging restrictions on sale and purchase of green crackers, the Punjab and Haryana High Court today remarked that "business can be curtailed, but the environment should not suffer."In 2017, the High Court in order to curtail the environmental damage had directed that, "The Union Territory, Chandigarh, the States of Punjab and Haryana shall be entitled to issue...

'Police Can't Test Veracity Of Witness Statements': MP High Court Slams IO For Trying To Discredit Testimonies, Summons SP

In a tragic accident that led to the death of a 3-year-old boy, the Madhya Pradesh High Court reprimanded the police over the conduct of the IO who instead of conducting an investigation, questioned the complainant and witnesses in a manner trying to discredit their testimonies. Directing the Superintendent of Police to be personally present on the next date of hearing, the high court stayed...

General Clauses Act | Notice Is Deemed To Be Served Once Properly Addressed & Dispatched: J&K&L High Court Reiterates

The High Court of Jammu & Kashmir and Ladakh has upheld the dismissal of a Border Security Force (BSF) Constable while reaffirming that once a notice is properly addressed and dispatched by registered post, it is deemed to have been duly served under Section 27 of the General Clauses Act, 1897. The burden lies on the addressee to prove non-receipt, and courts cannot presume non-service...

Delhi High Court Dismisses Police's Plea To Recall Witness In 2020 Riots Arson Case Involving Tahir Hussain

The Delhi High Court on Monday (October 13) dismissed a plea moved by the Delhi Police against a trial court order rejecting its application seeking recall of a prosecution witness in the trial pertaining to an arson case in connection with 2020 North-East Delhi Riots, wherein one of accused is former AAP leader Tahir Hussain. After hearing the matter for some time, Justice Neena Bansal...

Rajasthan Govt Defends In High Court Classification Of Transgender Persons As OBCs, Says Reservation Policy Falls In Executive Domain

Rajasthan government's Department of Social Justice and Empowerment has defended before the High Court its circular classifying transgender persons as Other Backward Classes (“OBCs”), instead of providing horizontal reservation to them.The government in its response to a plea challenging the January 12, 2023 circular has said that the domain of policy making, includes the reservation...

Karnataka High Court Issues Notice On Appeal By Company Linked To Kerala CM's Daughter Challenging SFIO Probe Order

The Karnataka High Court on Monday issued notice on appeal filed by Exalogic Solutions Private Ltd, a company of which Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan is a director, challenging dismissal of its plea to quash SFIO (Serious Fraud Investigation Office) probe against it.Exalogic Solutions had challenged direction of Corporate Affairs Ministry asking SFIO...