ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings.Holding that revision is to be treated as an appeal where remedy of appeal is not specifically...

No Automatic Right To Backdated Regularization; Municipal Corporations May Consider Financial And Administrative Constraints: Gujarat HC

Gujarat High Court: A Division Bench comprising Justices A.S. Supehia and Gita Gopi set aside an order of a single judge bench that directed Ahmedabad Municipal Corporation (AMC) to backdate the regularization of certain daily wage workers. The Court held that municipal corporations cannot be compelled to regularize workers retrospectively, even if the workers had completed the...

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs

The Delhi High Court has recently issued practice directions for ensuring speedy disposal of non-contentious compromise based petitions involving quashing of FIRs. The practice directions have been issued by Acting Chief Justice Vibhu Bakhru on December 24. The directions state that all non-contentious compromise based petitions involving quashing of FIRs will be preliminary listed before...

Karnataka HC Orders Modification Of Name, Gender In Birth/Death Certificate Of Transgender Persons If Sought With Necessary Certificate

The Karnataka High Court has asked the state government to suggest amendments to the Registration of Births and Deaths Act, 1969, and the rules framed thereunder to "give effect" to the Transgender Persons(Protection of Rights) Act 2019, in permitting change of name and gender of a transgender person in their birth/death certificate.In doing so the court directed the Registrar to modify the...

Referring Member Of Consumer Forum To Only Give Opinion On Points Raised For Reference, Not Decide Matter Itself: Allahabad High Court

The Allahabad High Court has held that when a matter is placed for reference before a third member, it is the job of the referring member to just opine on the issues raised for reference. Justice Pankaj Bhatia held that in such a case, it was not up to the referring member to resolve the entire matter themselves.Referring to the Consumer Protection Act, the Court held that“In terms of...

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award

The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license.Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the offending vehicle even if the...

Calcutta HC Allows Review Petition Filed By IIM Calcutta Faculty; Confirms Automatic Inclusion Into New Pension Scheme As Per 1987 Memorandum

Calcutta High Court: In 2020, a Division Bench had denied pension benefits to an IIM Calcutta faculty member for failing to opt into the new GPF-cum-Pension-cum-Gratuity Scheme. However, a Division Bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta allowed a review petition against this judgement. The bench held that the relevant pension rules automatically covered employees who...

'Prima Facie Serious Allegations': Telangana High Court Declines Anticipatory Bail To Actor Mohan Babu Over Alleged Attack On Journalist

The Telangana High Court on Monday (December 23) dismissed the anticipatory bail plea moved by veteran actor Mohan Babu in connection with the alleged attack on a TV9 journalist.Justice K Lakshman in his order observed, "Respondent No.2 (complainant) received grievous injury and he underwent surgery. Prima facie, there are serious allegations against the petitioner. Investigation is...

'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur held that since the Petitioner's disabilities arose while he was in service, the possibility of the disabilities having arisen due to being in service could not be ruled out. The Bench further held that the Respondents did not explain as to why they did not consider the opinion of the Medical...

Survey Commissioner Cannot Be Appointed To Collect Evidence: Jharkhand High Court

The Jharkhand High Court, in a recent judgment while setting aside a trial court order appointing a survey commissioner, ruled that the order failed to establish the necessity for local investigation under Order XXVI Rule 9 of the Code of Civil Procedure (CPC) and lacked sufficient reasoning.The High Court cited the Apex Court's precedent in Saraswathy vs. Viswanathan [2002 (2) CTC 199],...

Telangana HC Explains Threshold Tests Of S.227 Within Statutory Framework Of CrPC, Upholds Conviction Of Accused With Alleged Ties To Lashkar-E-Taiba

The Telangana High Court has upheld the order of a Special Court wherein a discharged petition. filed by an accused who allegedly had ties to Lashkar-e-Taiba, and was planning a bombing during Dussehra was dismissed.The accused had filed a criminal appeal against the order of the trial court, contending that the prosecution had failed to prove a prima facie charge and that everything stated...

Walayar Rape-Death | Kerala HC Dismisses Plea By Victims' Mother Challenging Integrity Certificate Granted To SP Over Allegedly Faulty Probe

The Kerala High Court on Tuesday (December 24) dismissed a petition by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, which is a requirement for conferring an officer with IPS cadre. Sojan is presently holding the post of Superintendent of Police (Non-IPS cadre) in...