Opportunity Of Hearing Not Required To Be Afforded To Army Officers Before Suspending Them Pending Court Of Inquiry : Supreme Court

The Supreme Court observed that opportunity of hearing is not required to be afforded to army officers before suspending them pending the Court of Inquiry. Even under Regulation 349 also, there is no requirement of such a procedure to be followed, the bench of Justices MR Shah and BV Nagarathna observedThe relevant portion of Regulation 349 reads as follows: An officer may be suspended from...

SpiceJet Mishaps: Lawyer Moves Delhi High Court Seeking To Stop Company's Flying Services

A public interest litigation has been filed by a lawyer before the Delhi High Court raising safety concerns and seeking to stop flying services of Spice Jet Limited, in view of recent flight mishaps in the past two months.Moved by Advocate Rahul Bhardwaj, the plea makes Union of India, Ministry of Civil Aviation, DGCA and Spice Jet Limited as respondents. The plea will be heard on Monday by...

Contempt Action Not Warranted Unless Clear Case Of Unexplainable Wilful Disobedience Is Made Out: Telangana High Court

The Telangana High Court recently observed that disobedience of orders of the Court strikes at the very root of the rule of law on which the judicial system rests. However, such action should not be initiated unless a clear case of contumacious conduct, not explainable otherwise, arises. The observation came from Justice P. Naveen Rao: "Disobedience of orders of the Court strikes at...

Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members

The Supreme Court recently issued notice in s Special Leave Petition assailing Patna High Court's order allowing three elected persons who were disqualified by the State Election Commission for having more than two children to continue to participate as members of Panchayat. The bench of Justices SK Kaul and MM Sundresh stayed High Court's judgement and said, "In the meantime,...

BREAKING| Supreme Court Bench Led By CJI To Hear Petitions Related To Shiv Sena Rift On July 20

The Supreme Court will hear on July 20 the petitions filed in relation to the rift in Shiv Sena which led to changes in Maharashtra Government and Assembly.A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli will hear the petitions.The following are the petitions:Petition preferred by rebel Shiv Sena leader Eknath Shinde(now the Chief Minister)...

Karnataka High Court Weekly Round-Up: July 11 To July 17, 2022

Nominal Index: T.SADANANDA PAI v. SUJATHA S PAI. 2022 LiveLaw (Kar) 255 SYED SHABAJ v. SMT. PREMA & ANR. 2022 LiveLaw (Kar) 256 SHIVASWAMY & Others v. THE STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 257 Philips India Limited v. State of Karnataka & Others. 2022 LiveLaw (Kar) 258 Shivu @ Shiv Kumar v. State of Karnataka & ANR. 2022 LiveLaw...

Supreme Court Weekly Round-Up: July 11 To July 16, 2022

Supreme Court Judgements Person Who Secures Appointment On The Basis Of A False Caste Certificate Cannot Be Permitted To Retain Benefit Of Wrongful Appointment : Supreme Court Case title: Chief Executive Officer Bhilai Steel Plant Bhilai vs Mahesh Kumar Gonnade | CA 4990 OF 2021 Citation: 2022 LiveLaw (SC) 572 The Supreme Court bench of Justices Sanjay Kishan...

Madras High Court Weekly Round-Up: July 11 To July 17, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 294 To 2022 LiveLaw (Mad) 307 NOMINAL INDEX O. Paneerselvam v. AIADMK and others, 2022 LiveLaw (Mad) 294 S.Ramesh v. Union of India and another, 2022 LiveLaw (Mad) 295 P.Velumani v. The State and another, 2022 LiveLaw (Mad) 296 C Sivakumar v. A...

Motor Accident Claim Petition Does Not Abate On Death Of Original Claimant, Legal Representatives Can Be Substituted: Punjab & Haryana High Court

The Punjab and Haryana High Court has recently dismissed an appeal preferred by the Insurance Company for staying the operation of award passed by the Motor Accident Claims Tribunal whereby the tribunal allowed the petition of legal representatives of the claimant and awarded the compensation of Rs.1,79,000/- with interest @ 7.5% per annum. Ved Parkash, husband of claimant-Satya Devi...

Gujarat High Court Refuses To Cancel Anticipatory Bail Granted To Rape Accused 5 Yrs Ago

The Gujarat High Court has refused to cancel the anticipatory bail granted to a rape accused five years ago, stating that all this time the applicant-victim did not take a stand that seriousness of offence has not been considered by the Court below and that the accused has not misused his liberty nor violated any condition.The accused was booked for offences punishable under Sections 376,...

Allahabad High Court Allows State's Plea For Withdrawal Of Criminal Case Against State Minister Mayankeshwar Sharan Singh

The Allahabad High Court has allowed the state government's application to withdraw a criminal case against Uttar Pradesh Minister of State for Health, Mayankeswar Saran Singh.The Bench of Justice Dinesh Kumar Singh observed that when the complainant himself is not supporting the prosecution case, then there is no chance of conviction of the accused in the case and thus, withdrawal...

Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court

The Supreme Court, on Thursday, held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdiction, independent of any statute and therein the paramount consideration of the Court is to ascertain what is in the best interest of the child. "...the employment of the writ of Habeas Corpus in child custody cases is...