"JDU-RJD Alliance Fraud On Electorate": Plea In Patna HC Seeks Removal Of Nitish Kumar As State's Chief Minister

A Public Interest Litigation (PIL) Petition has been filed in the Patna High Court seeking the removal of Bihar CM Nitish Kumar from the post of Chief Minister claiming that his appointment is in complete violation of different provisions of the Constitution of India The PIL has been moved by Patna-based social worker Dharamsheela Devi through advocate Barun Kumar Sinha which...

Ex-Post Facto Consent Of Panchayati Raj Institution For Transfer Of Medical & Health Dept Employees Serving With It Valid: Rajasthan HC

The Rajasthan High Court has observed that ex-post facto consent of Panchayati Raj Institution for transfer of Medical and Health Department employees serving with it is lawful. The sanction is required under Rule 8 of the Rajasthan Panchayati Rules, 2011.The court was hearing a batch of 91 State-appeals against a single bench order which held that state's decision to itself pass transfer...

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...

"Grave Injury to Mental Health": Kerala High Court Allows Termination of 28 Week Pregnancy of 14 Year Old Rape Survivor

The Kerala High Court on Tuesday allowed a Writ Petition that was filed to terminate the 28 week old pregnancy of a 14 year old rape survivor. The Single Judge Bench of V.G. Arun, while allowing the Writ, took note of the Medical Board's recommendation for the medical termination of pregnancy on the ground that, "The continuation of pregnancy may cause grave injury to the mental health of...

Person Not Appearing & Pleading Before Courts Not An "Advocate", Mere Enrollment With Bar Council Is Of No Consequence: Gujarat High Court

The Gujarat High Court has reiterated that a lawyer who does not appear and plead before courts cannot designate himself as an "Advocate" even if he is enrolled with the Bar Council.It added that as per the Advocates Act and the Bar Council Rules, once the terms of employment do not require an advocate to plead and appear before the Courts, then during this period of employment, a...

"She Converted To Islam & Applied For Bangladeshi Citizenship Voluntarily": Madras HC Dismisses Father's Plea Against Daughter Renouncing Indian Citizenship

The Madras High Court recently dismissed a Father's plea to forbear the Central Government and the Secretary to the Ministry of Home Affairs from registering the declaration of renunciation of Citizenship or granting no objection certificate/certificate of renunciation of citizenship to his daughter.The Court noted that the duaghter is a major, aged 25 years. Also, from the record of...

Part-Occupancy Certificate Cannot Be Granted To New Buildings Without Water Connection, Lift: Bombay High Court To BMC

Observing that water and power supply are the most basic amenities for habitation, the Bombay High Court cancelled part-Occupation Certificate (OC) granted for a fresh construction in Mumbai for the builder's failure to provide these facilities. The court said there was an urgent need for policies that protect residents who are forced to move into newly constructed homes without...

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court

The Supreme Court reiterated that an person acquitted of scheduled offence cannot be prosecuted under Prevention of Money-Laundering Act, 2002.In this case, the Lokayukta Police registered a case under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the accused, who was a Deputy Revenue Officer. During the pendency of trial, the Directorate...

Supreme Court Seeks Allahabad HC Response On Transferring Pending Arbitration/Commercial Matters To Commercial Courts In UP

The Supreme Court on Wednesday asked for the Allahabad High Court to look into and respond on whether not transferring the pending arbitration matters/commercial cases to the concerned Commercial Courts can be said to be contrary to Section 15 of the Commercial Courts Act.The bench of Justices M. R. Shah and B. V. Nagarathna was hearing the matter where the Court had in May issued...

High Court Cannot Enhance Sentence Without Putting Accused To Notice : Supreme Court

The Supreme Court, on Friday, opined that High Courts are required to give notice to the accused before enhancing sentences. It set aside an enhancement, wherein the Rajasthan High Court had modified sentence of imprisonment for life simplicitor to life imprisonment till death, without giving prior notice to the accused; depriving them of an opportunity to defend themselves. "As a...

No Necessity To Give Hearing Before Compulsorily Retiring Judicial Officers Under 2007 Service Rules: Orissa High Court

The Orissa High Court has upheld a notification issued by the Government of Odisha, which compulsorily retired a Chief Judicial Magistrate ('CJM') from his service, citing the step to have been taken 'in public interest'. While affirming such notification, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik also held that compulsory retirement is not...

Review Power Can Be Invoked Only For Errors Apparent On Record, Not For Errors Which Are To Be Detected By Process Of Reasoning : Supreme Court

The Supreme Court observed that an erroneous decision of a court cannot be corrected by exercising review jurisdiction, but can only be corrected by the Superior Court.An error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of the record for the Court to exercise its powers of review, the bench comprising CJI NV Ramana, Justices...