What Is A "Floor Test"? Explained With Important Supreme Court Judgments

Amidst the political imbroglio in Maharashtra, the Governor has directed the Maha Vikas Aghadi (MVA) Government to take a 'floor test' and demonstrate that it still enjoys the confidence of the Legislature on the floor of the Legislative Assembly on June 30.While the Constitution of India does not contemplate that the political party which forms the Ministry should have a majority in...

'Arnesh Kumar' Guidelines For Arrest Applicable To Offences Punishable With Less Than 7 Yrs Imprisonment: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that directions passed by the Supreme Court in Arnesh Kumar v. State of Bihar with respect to procedure for arrest shall be applicable to offences punishable with less than or up to seven years of imprisonment.The bench comprising Justice Anoop Chitkara while dealing with an anticipatory bail plea in an FIR registered under Sections 406 and 420...

Mumbai Police Gives Clean Chit To RTI Activist Accused Of Making Derogatory Post Against Dr Babasaheb Ambedkar

The Bombay High court recently granted anticipatory bail to an RTI activist booked for an alleged derogatory post against Dr Babasaheb Ambedkar, after the Mumbai police gave him a clean chit. Based on a forensic report, the police informed the court of Justice Prakash Naik that accused Abdul Rahim Abdul Gani Ghadiyali was not involved in the crime. A summary report, closing...

Hyderpora Encounter : High Court Hears Arguments Of J&K Advocate General

The High Court of the Jammu and Kashmir and Ladakh on Tuesday heard in part the matter pertaining to the exhumation of body of Amir Latief Magrey who was killed in Hyderpora Encounter. After briefly hearing the Advocate General, the Division bench of Chief Justice Pankaj Mittal and Justice Javed Iqbal Wani ordered matter to be listed again for tomorrow for conclusion of the arguments on...

Kalkaji Temple: Supreme Court Grants 2 Weeks Time For Unauthorized Occupants To Vacate Premises

The Supreme Court on Monday granted 2 weeks time to some unauthorized occupants of Dharamshalas in the city's Kalkaji Temple to vacate the premises. The vacation bench of Justices Surya Kant and JB Pardiwala however refused to entertain the special leave petition assailing Delhi High Court's order dated June 1 directing pujaris and unauthorized occupants in city's Kalkaji...

Trial Courts Should Pass Speaking Orders In Main Case & Counter-Case, Refrain From Dismissing Counter Cases On Flimsy Grounds: Kerala High Court

The Kerala High Court laid down the procedure to be adopted when there is a case and a counter case and the trial court is of the opinion that the counter case is to be discharged.Justice P.V Kunhikrishnan opined that trial courts should refrain from taking shortcuts by dismissing the counter-case on flimsy grounds through non-speaking orders. "When a Sessions court tries a case and counter...

Arrest In Breach Of "Arnesh Kumar" Guidelines : Kerala High Court Seeks Explanation From Judicial Magistrate For Remanding Accused

The Kerala High Court recently sought an explanation from a Judicial Magistrate for remanding an accused without satisfying if the arrest has been carried out in compliance with the principles laid down by the Supreme Court in Arnesh Kumar v State of Bihar.A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen also issued a contempt notice to the Police Officer who...

Prayagraj Violence Accused Javed's Wife Plea Against House Demolition: Allahabad HC Seeks UP Govt's Reply, Next Hearing On June 30

The Allahabad High Court today sought the reply of the Uttar Pradesh Government and the Prayagraj Development Authority (PDA) on the plea moved by the wife of the Prayagraj Violence (June 10) accused Javed Mohammad against the demolition of their house by the district administration and PDA on June 12.The bench of Justice Anjani Kumar Mishra and Justice Syed Waiz Mian issued notices to the...

Gauhati HC Quashes No-Confidence Resolution Against Gram Panchayat President Citing Participation Of Member Disqualified For Having 3 Children

The Gauhati High Court has quashed a resolution expressing no-confidence in the petitioner - the President of a Gram Panchayat, as a result of which she as removed from office, citing non-compliance with Assam Panchayat Act, 1994 read with Rule 62 of the Assam Panchayat (Constitution) Rules, 1995. The petitioner referred to the materials available on record to argue that one of...

Breaking: Alt News Co-Founder Mohammed Zubair Remanded To Four Days Police Custody

A Delhi Court on Tuesday remanded Co-Founder of Alt News Mohammed Zubair to four days police custody after he was arrested yesterday by the Delhi Police for allegedly hurting religious sentiments and promoting enmity through his tweet.CMM Snigdha Sarvaria observed that Zubair has remained "non-cooperative" and recovery of the devices used for posting the tweet is yet to be made. The...

Friendly Relations Not Consent To Establish Physical Relations: Bombay High Court

The Bombay High Court recently observed that a girl merely being friendly with a boy doesn't allow him to misconstrue it as her consent to establish a sexual relationship with her and rejected the anticipatory bail application of a man accused of impregnating a woman under the pretext of marriage. Justice Bharati Dangre rejected the pre-arrest bail plea filed by one Ashish...

Delhi High Court Orders Status Quo On DDA's Demolition Action Against Jhuggis In Nizamuddin's Gyaspur Area

The Delhi High Court has ordered status quo on the Delhi Development Authority's proposal to demolish jhuggi clusters in city's Gyaspur area in Hazrat Nizamuddin. A vacation bench of Justice Neena Bansal Krishna granted the interim relief in a plea moved by the residents."Considering the long possession of the parties and their assertions that it is a Jhuggi cluster having more than 32...