Waqf Tribunal Cannot Insist On Deposit Of Cost For Issuing Notice: Gujarat High Court

The Gujarat High Court has held that there is no procedure under Gujarat State Waqf Tribunal (Procedure) Rules, 1998 by which the Gujarat State Waqf Tribunal can insist on deposit of cost for issuing notice on a petition filed before it.It was the petitioner’s case that the petitioner’s forefathers had donated the land to the respondent No.2 for constructing ‘Musafir Khana’ for...

NGT Has Powers To Execute Its Orders As Decrees Of Civil Court : Supreme Court

The Supreme Court has held that the National Green Tribunal has powers to execute its orders as decrees of civil court under Section 25 of the NGT Act. A bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala held that the NGT was entrusted with the power to ensure that its orders are complied witThe appellant had approached the National Green Tribunal...

Artist's Freedom Of Speech Cannot Be Disturbed Lightly : Justice Sanjay Kishan Kaul

Speaking at the Hindu Lit for Life Event in Chennai, Supreme Court Judge Justice Sanjay Kishan Kaul said that in our constitutional scheme, the freedom of speech and expression weighs overwhelmingly in favour of the artist and cannot be disturbed lightly."In these uncertain and deeply polarised times there is a pressing need to rediscover and retain our public spaces, to facilitate...

[S.68 Forest Act 1927] When Offence Is Compounded, Seized Property Should Be Returned To Accused On Payment Of Compoundable Amount: Madras High Court

While directing the Forest Range Officer to return a gun to a man accused under the Wildlife Protection Act, Justice V Sivagnanam of the Madras High Court noted that under Section 68 of the Forest Act 1927, when an offence is compounded, the person accused should be discharged and the property seized should be released. Section 68 of the Forest Act empowers a Forest officer to accept...

[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court

The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional (Resident Medical Officer (RMO)) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench...

Attacks On Politicians Who Do Not Subscribe To Separatists Ideology Still Prevalent In Kashmir Valley: High Court

Observing that the incidents of attacks on main-stream politicians and the people who do not subscribe to the separatists ideology are still taking place in Kashmir Valley, the Jammu and Kashmir and Ladakh High Court on Thursday allowed an application filed by former health minister Shabir Ahmed Khan seeking transfer of criminal proceedings against him from a court in Srinagar to a...

Complete Supreme Court Annual Digest 2022 -FULL SET

Complete Supreme Court Yearly Digest 2022 Part-1https://www.livelaw.in/top-stories/complete-supreme-court-yearly-digest-2022-221376Complete Supreme Court Yearly Digest 2022- Part-2https://www.livelaw.in/top-stories/complete-supreme-court-yearly-digest-2022-221414Complete Supreme Court Yearly Digest...

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court

The Tripura High Court has held that a certified copy of a sale deed is secondary evidence under Section 63 of the Evidence Act which acknowledges/recognizes the existence, conditions and contents of a Sale deed, but notits execution. The observations were made by Justice Arindam Lodh while hearing a second appeal whereby the appellants/plaintiffs had challenged an order of the...

Transfer Of Criminal Case From One State To Another Implicitly Reflect On Credibility Of State Judiciary & Prosecution Agency : Supreme Court

The Supreme Court has observed that transfer of trial from one case to another state has to be ordered only in exceptional circumstances, as it might result in an adverse reflection upon the credibility of the State judiciary and prosecution agency.A bench comprising Justices Hrishikesh Roy and CT Ravikumar made this observation while dismissing a plea to transfer the trial in a case relating...

[Motor Accident] Managerial Skills Of Deceased To Run Business Can Be Considered While Counting 'Loss Of Dependency': Orissa High Court

The Orissa High Court, while placing reliance upon recent decisions of the Apex Court, has clarified that managerial skills and expertise of a deceased person to run his business is to be taken into account while counting the loss of dependency of his dependants, who continue his business.Reaffirming the position, a Single Judge Bench of Justice Bibhu Prasad Routray observed,“Perusal...

Communicating Annual Confidential Report to Employee without Sufficient Time to Challenge it Same as Non-Communication of Report: SC

Failure to accord sufficient time for an employee to challenge the assessment of their performance for a particular year in an Annual Confidential Report (ACR) before a departmental promotion committee is convened, would be treated as a non-disclosure of the evaluation report, the Supreme Court said on Friday, while setting aside the proceedings of a DPC of the Manipur High...

"Is Criminal Contempt a Power Past it's Time? Summary of Panel Discussion

Summary of Panel Discussion on "Is Criminal Contempt a power past it's time? " and release of report titled "The judicial power of Contempt: Upholding authority or restricting speech" by Part III Action Research & Resource Centre.The key speakers for the panel discussion held on February 25th, 2023 were Mr. Prashant Bhushan, public interest lawyer, Supreme Court of India; Mr. Sanjoy...