Departmental Promotion Committee Not Convening Alone Not Special Circumstance To Confer Retrospective Promotions: Meghalaya High Court

The Meghalaya High Court on Monday held that retrospective promotions are permissible on the consideration of a special circumstance surrounding a particular case but non-sitting of "Departmental Promotion Committee” (DPC) is not a special circumstance to confer this career advancement retrospectively.The observation came from Justice H. S. Thangkhiew while hearing a plea in terms of...

EVM VVPAT : Supreme Court Seeks Centre's Response On Plea To Introduce Technology To Aid Voters With Visual Disability

The Supreme Court on Monday granted four weeks-time to the Ministry of Law and Justice to file its counter affidavit in a plea which seeks the introduction of a technology to allow visually impaired voters to verify their votes. A Bench of Justices Ajay Rastogi and Bela Trivedi also granted two weeks’ time to the petitioner to file rejoinder in the matter. The plea...

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings

The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients...

'Serious Matter': Supreme Court To Hear Rajkot COVID Hospital Fire Case In Second Week Of March

The Supreme Court on Monday adjourned the hearing of the suo moto case regarding the fire in Rajkot, Gujarat on 26.11.2020 which had resulted in the death of Covid patients in Hospital to the second week of March. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.Advocate Aparna Bhat, appearing for some victims,...

Calcutta High Court Sets Aside Conviction Over Non-Recording Of Statement U/S 313 CrPC, Remands Case Back To Trial Court

Setting aside the order of conviction and sentence against all accused in a culpable homicide case on the ground that one of the accused’s statement under Section 313 of the CrPC had not been recorded, the Calcutta High Court last week remitted the matter back to the trial court.A division bench of Justice Debangsu Basak and Justice Shabbar Rashidi adopted the procedure followed by the...

Supreme Court Asked Mizoram And Manipur To Consider Desirability Of Amending Recruitment Rules for State Pollution Control Boards

The Supreme Court, on Monday, closed the contempt petitions seeking implementation of a 2017 order of the Supreme Court directing all the State Governments to frame appropriate recruitment rules for Chairperson, Member Secretary and Members of the State Pollution Control Boards (SPCBs) in terms of the reports of various committees and authorities (Bhattacharia Committee, Belliappa...

Supreme Court Seeks TN Govt Response On Extending Exemption From Compulsory Tamil Subject For Linguistic Minority Schools

In a plea challenging the order of the Madras High Court, that refused to quash the Government Order of 2014, which made Tamil paper compulsory in Class 10 State Board exam for all students, the Supreme Court, on Monday, granted opportunity to the Sr. Counsel representing the State of Tamil Nadu to get instructions with respect to extension of exemption that was initially made available for...

Supreme Court Asks Meghalaya HC To Defer Hearing Of Petition Challenging Assam-Meghalaya Border Pact

Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala on Monday directed the Meghalaya High Court to defer the hearing of the writ petition concerning the execution of the Assam–Meghalaya border pact till the matter remained pending in the Supreme Court.Earlier, the Apex Court had stayed the order of Meghalaya High Court which had put...

Bar Council Of Kerala To Initiate Proceedings Against Advocate Saiby Jose Kidangoor On Bribery Allegations

The Bar Council of Kerala on Monday decided to initiate suo motu disciplinary proceedings against Advocate Saiby Jose Kidangoor, the President of the Kerala High Court Advocates Association, who is now facing allegations of having taken money from clients in the name of bribing judges. The Bar Council took the decision in the emergency meeting convened today. In the meeting presided over by...

Delhi Court Directs Tihar Jail Authorities To Provide Calling Facility For Five Minutes Thrice A Week To Umar Khalid, Sharjeel Imam & Others

A Delhi Court on Monday directed Tihar Jail authorities to provide inmate calling facility for five minutes thrice a week to Umar Khalid, Shifa-ur-Rehman, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Athar Khan and Tasleem Ahmed, who are accused in the larger conspiracy case concerning 2020 North-East Delhi riots. Additional Sessions Judge Amitabh Rawat said that the facility shall be...

Order XVI Rule 1 CPC | Opportunity To Examine Vital Witness Can't Be Denied Only Due To Failure To Show Reason For Omitting Name In Witness List: Bombay HC

The Bombay High Court held that failure to show reason for not including witness names in the witness list under Order XVI Rule 1(1) of CPC alone cannot be a reason to disallow the plaintiff from examining witnesses who are vital for determining the dispute.Justice Sandeep V. Marne, while upholding trial court’s order allowing the plaintiff to examine two witnesses held – “even...

Muslim Women Can Approach Family Courts For 'Khula', Self Declared Bodies Like ‘Shariat Council’ Can’t Certify Dissolution Of Marriage: Madras High Court

The Madras High Court has said that the Shariat Councils are neither courts nor arbitrators and thus they cannot pronounce or certify dissolution of marriage by Khula.Justice C Saravanan quashed a Khula certificate issued by the Shariat Council and directed a woman and her husband to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their disputes."Thus, while it...