MSEFC Must Decide Question On Limitation Before Adjudicating Dispute On Merits: Telangana High Court

The Telangana High Court bench of Justice P. Sam. Koshy, while hearing a petition filed under Article 227, has held that the issues of maintainability, particularly the question of limitation, are to be decided by the Micro and Small Enterprises Facilitation Council (MSEFC) before proceeding to adjudicate the dispute on merits. Facts: In a common order dated 15/06/2024, the MSEFC,...

No Criminal Proceedings Can Lie For 'Defamation' Of Banned Organisation Like PFI, Kerala High Court Grants Relief To Media House

The Kerala High Court quashed criminal defamation proceedings initiated against a media house for allegedly publishing a defamatory article about the 'Popular Front of India' (PFI).Justice P.V.Kunhikrishnan observed that PFI is a banned association in India; therefore, defamation cannot be alleged against a banned organization, since it has no legal entity. While quashing the defamation...

Adverse Possession Cannot Be Claimed When Land Is Acquired Through Agreement Of Sale: Allahabad High Court

While deciding a case under the U.P. Abolition of Zamindari and Land Reforms Act, 1950, the Allahabad High Court has held that where possession of land was acquired by an agreement of sale, adverse possession cannot not be availed to claim ownership of the property.Justice Saurabh Shyam Shamshery relied on the judgment of the Supreme Court in Achal Reddy v. Ramakrishna Reddiar and Ors., where...

Allahabad HC Calls Out State's "Apathy" For Causing 14 Yrs Delay In Disbursing Retiral Dues To Family Of Deceased, Orders 8% Interest

While deciding a case related to retiral dues of a deceased government employee, the Allahabad High Court has held that no cause had been given by the state for an inordinate delay from 2005 in making the payment and that this was actually caused by the “apathy” of the respondents.The Court held that the state is liable to pay an interest of 8% per annum on such dues which had not...

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Rajasthan High Court has set aside the conviction of a man (appellant) convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence.The division bench of Justice Pankaj Bhandari and Justice Shubha Mehta observed that if a counsel refused to appear for...

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied.The bench of Justice Dinesh Mehta opined that it was held in multiples cases by the Supreme...

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 and do away with the inquiry. The Court also observed that the apprehension of the employee influencing or tampering with the evidence reflected Department's lack...

Kerala High Court Directs Department Of Empowerment Of PwD Not To Reject Scholarship Plea Of 75% Visually Impaired Law Student

In an interim order passed on Friday (November 29) the Kerala High Court directed the Department Of Empowerment Of Persons With Disabilities not to reject a scholarship application of a 75 percent visually impaired first-year law student on account of non submission of Unique Disability ID (UDID) details. In doing so the court prima facie noted that the petitioner who is a student at NUALS,...

'Don't Misuse Power, Harass People; Show Your Bravery Against Illegal Liquor, Smuggling': Gujarat HC Orally Raps Cop Accused Of Extortion

In a strong admonishment, the Gujarat High Court on Tuesday rapped a Gujarat Police Inspector in the courtroom for allegedly misusing his position to extort money from an individual. A bench of Justice Sandeep N. Bhatt orally reprimanded the Police officer concerned by stating that instead of harassing people and misusing power, the cop should rather focus on tackling...

Shortage Of Judge's Accommodation: Punjab & Haryana HC Summons Chief Secy's, Says Issue Affects Administration Of Justice

Observing that the acute shortage of accommodation for judicial officers is adversely affecting the quality of administration of justice especially, when the new batch of Civil Judges would be joining within two months, the Punjab & Haryana High Court has summoned the Chief Secretaries of both the States to be present virtually.Chief Justice Sheel Nagu and Justice Anil Kshetarpal also...

Inquiry Proves Genuineness Of Certificates, Rajasthan High Court Cancels Termination Of Services Of Safai Karamcharis

A Single Judge Bench of Justice Sudesh Bansal while allowing a batch of Petitions observed that the Safaikaramcharis whose appointment was cancelled due to the allegations of having produced false certificates before the authorities should be allowed to continue in service, counting their service from the date of appointment with all consequential benefits. The Bench held that since the...

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. The Court held that the inability of a candidate to furnish documents due to reasons beyond the control of the candidate must be looked into by the authorities and the factors and circumstances leading to...