Order 21 CPC | Principle Of Res Judicata Not Applicable To Execution Proceedings: Orissa High Court

The Orissa High Court has recently held that the principle of res judicata, as provided under Section 11 of the Code of Civil Procedure (CPC), is not applicable to execution proceedings under Order XXI of the CPC as it is a 'self-contained' and 'independent Order'.Justice Ananda Chandra Behera held that non-applicability of res judicata is a fundamental rule of civil law. In his words –“It...

Delhi High Court Holds PFI's Plea Challenging UAPA Tribunal's Order Confirming 5-Year Ban As Maintainable, Issues Notice To Centre

The Delhi High Court on Monday (October 13) issued notice to the Central government on Popular Front of India's (PFI) plea challenging an order of an Unlawful Activities (Prevention) Act (UAPA) tribunal confirming the five-year ban imposed on it.In doing so the court said that PFI's plea challenging order confirming ban is maintainable before the high court. For context, the Union Home...

J&K&L High Court Declines Interim Relief Against Forfeiture Of 25 Books For Allegedly Propagating Secessionism, Issues Notice

The Jammu & Kashmir and Ladakh High Court on Monday (October 13) denied interim relief in pleas challenging the forfeiture of 25 books under Section 98 BNS for allegedly propagating secessionism.A three-judge special bench comprising of Chief Justice Arun Palli, Justice Rajnesh Oswal and Justice Shahzad Azeem declined interim relief, but issued notice on the pleas. The bench,...

Kerala High Court Dismisses PIL Against Arundhati Roy's 'Mother Mary Comes To Me'

The Kerala High Court on Monday (October 13) dismissed the Public Interest Litigation filed seeking action against author Arundhati Roy's book 'Mother Mary Comes To Me' for having a photo of the author smoking on the cover. The petitioner had sought a stay on the book's sale without statutory label.Division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji pronounced in open...

Railways Strictly Liable For Death Of Passenger Who Accidentally Fell From Train & Was Run Over: Orissa High Court

The Orissa High Court has held that an accidental fall of a passenger from a moving train followed by he being run over by the same train or by another train, is an 'untoward incident' as defined under Section 123(c)(2) of the Railways Act, 1989 ('the Act') which makes the Railway Department strictly liable to pay compensation for the death.While holding the Railway liable for unfortunate...

Delhi High Court Slams Authorities For Defying Prison Rules, Says Long Incarceration Without Parole Can Lead To Anarchy In Jail

The Delhi High Court has slammed the State authorities for defying the Delhi Prison Rules, 2018, observing that they do not have any sensitivity towards the prisoners who are suffering long incarceration. Justice Neena Bansal Krishna said that long incarceration without break by way of Parole and Furlough can lead to a situation of indiscipline and anarchy in the Jail.The Court said that it...

Kerala High Court Issues Notice On Film Producer Sheela Kurian's Plea Seeking Action Against Cop For 'Improper Behaviour'

Film producer Sheela Kurian has moved the Kerala High Court seeking action against Deputy Superintendent of Police, Madhu Babu alleging improper behaviour by him when she visited his office in connection with a criminal complaint.When the matter came up for consideration before Justice G. Girish on Thursday, the judge take time to the prosecutor to take instructions in the case and issued...

'Right To Practice Religion Has No Nexus With Particular Place': MP High Court Rejects Plea To Rebuild Ujjain's Takiya Masjid

Dismissing a plea seeking reconstruction of Ujjain's Takiya Masjid by litigants who used to offer namaaz there, the Madhya Pradesh High Court reiterated that right to practice religion has no nexus with a particular place and this right is not infringed by acquisition of a land having a mosque. The high court referred to Allahabad High Court's decision in Mohammad Ali Khan v Special...

Collector Can't Reopen Land Ownership After Decades Without Inquiry: Madhya Pradesh High Court

The Madhya Pradesh High Court observed that in the absence of a specific limitation period under Section 50 of the MP Land Revenue Code, 1959, the mutation and ownership records cannot be reopened after decades under the guise of revisional power, that too without conducting any full-fledged enquiry.The bench of Justice Himanshu Joshi held; "This Court has no hesitation to say that even if...

Madras High Court Asks Judicial Academy To Provide Special Training To Judicial Officers Over Non-Compliance With S.35 POCSO Act

The Madras High Court has asked the Tamil Nadu State Judicial Academy to conduct a special training session for judges presiding over the special courts dealing with offences under the Protection of Children from Sexual Offences Act. The bench of Justice CV Karthikeyan and Justice R Vijayakumar made the request after noting that many special courts were not complying with the...

'Board Under Maharashtra Mathadi, Hamal & Other Manual Workers Act Cannot Review Its Orders': High Court

The Bombay High Court has held that a board under the Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969, has no statutory power to review or reopen its earlier orders under Section 13 of the Act. The Court observed that the power of review is not inherent and can only be exercised when expressly conferred by statute or by necessary implication.A Division Bench comprising Justice...

MP High Court Stays Coercive Action Against School Peon Transferred Over Allegations Of Religious Conversion

The Madhya Pradesh High Court directed authorities not to take any coercive action against a school peon who was transferred to a school 40 km away for allegedly converting to another faith and for influencing others to convert religion. Accordingly to the facts, the petitioner was appointed as a clerk in Madhyamik Vidyalaya Sultanpur by the Dhar District Collector on January 19, 2004. It...