Gaighat Shelter Home Case Investigation Will Be Completed Within 4 Weeks: Bihar Govt Tells Patna High Court

The Bihar government has submitted before the Patna High Court that the investigation in Gaighat Shelter Home case, which relates to sedation and sexual abuse of women at the institution, would be completed within 4 weeks. During the hearing, Advocate General Lalit Kishor, appearing for the state government, stated before the division bench of Chief Justice Sanjay Karol and Justice S...

Easement Right Cannot Be Created By Parties Themselves, Has To Be Proved According To The Act: Madras High Court

The Madras High Court bench of Justice Teeka Raman has held that the easement right cannot be created by the act of the parties themselves without any recital in the documents. The easement right is a statutory right and therefore has to be proved in a manner known to law. The court was hearing a second appeal filed by one Nallammal for permanent injunction. The lower courts had passed...

Relief Of Possession Is Ancillary To Decree For Specific Performance And Need Not Be Specifically Claimed; Section 22(2) Specific Relief Act Is Directory : Supreme Court

The Supreme Court held that Section 22(2) of the Specific Relief Act is only directory provision and the relief of possession is ancillary to the decree for specific performance and need not be specifically claimed. Section 22 deals with a Court's power to grant relief for possession, partition, refund of earnest money, etc. Section 22(2) ) provides that no relief under clause (a) or clause...

Disparaging Advertisements: Delhi High Court Directs Parle To Modify Two Ads In Trademark Infringement Suit By Britannia Cookies

In relief to Britannia which runs the product range Good Day Butter Cookies, the Delhi High Court has directed Parle Biscuits to take down two of its advertisements, disparaging the former's products.Justice Pratibha M Singh directed Parle to ensure that it modifies the ads within 2 weeks by blurring the image of cookies displayed by them, which is similar to those sold and marketed...

Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister

Union Law Minister Kiren Rijju in response to the query of P. Wilson, Member of Parliament, Rajya Sabha regarding enhancement of retirement age of Judges of the High Court, has stated that such a move would require broad-based consultation with the Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other...

Accused Cannot Claim Blanket Exemption From Personal Appearance In Cases Under Section 138 NI Act: Supreme Court

The Supreme Court observed that an accused cannot claim a blanket exemption from appearance in a case pertaining to the offence under Section 138 of the Negotiable Instruments Act.In this case, the Magistrate dismissed an application filed by the accused in a cheque bounce case claiming a blanket relief of his being exempted, on all dates, when the case would become listed before the...

Jahangirpuri Demolition: Shop Owner Moves Supreme Court Against Demolition Of His Juice Shop, Seeks Compensation

A juice shop owner from Delhi's Jahangirpuri area has moved the Supreme Court of India, claiming that his shop was unauthorizedly demolished by the New Delhi Municipal Corporation on Wednesday.Significantly, a Bench led by Justice Nageswara Rao today, while hearing a petition filed against the said demolition drive, said that it will take a "serious view" of the demolitions that took...

Make Delhi School Tribunal's Website Fully Functional For Litigants/ Advocates' Access: High Court To Govt

The Delhi High Court has directed the Delhi government to take all requisite steps to make the website of 'Delhi School Tribunal' (DST) fully functional.DST is constituted under Section 11 of the Delhi School Education Act, 1973 by the Delhi LG. It is empowered to adjudicate upon appeals preferred by employees of any recognised private school, aggrieved by order of dismissal, removal or...

Power Of Revision At The State Of Framing Of Charges Is Very Limited: Rajasthan High Court

The Rajasthan High Court observed that at the stage of framing of charge, the scope of interference of the High Court, as a revisional Court is very limited, so much so that the Court must be concerned only with the question whether there is any suspicion against the accused, and not with the proof of the allegation(s).The court opined that if a strong suspicion exists in the mind of...

[Non-Payment Of Maintenance Allowance] Magistrate Can't Issue Arrest Warrant W/O First Issuing Warrant For Levy Of Fine U/S 421 CrPC: Allahabad HC

The Allahabad High Court recently observed that in the event of any failure on the part of any person to comply with a Court's order to pay maintenance allowance, the correct/appropriate course for the courts is to first issue a warrant for the levy of fine as provided u/s 421 of CrPC for the purpose of realization of the amount.With this, the bench of Justice Ajit Singh held that in such...

Claim of GST Refund Wrongly Paid To The Government: Uttar Pradesh Govt. Issues Clarification

The Uttar Pradesh GST department has issued a clarification on the refund of GST, which was wrongly paid to the government. The department has received submissions requesting clarity on matters pertaining to the refund of incorrectly paid taxes, as mentioned in sections 77(1) of the Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act) and section 19(1) of the Integrated Goods...

Madhya Pradesh High Court Dismisses PIL Accusing State Of "Demolishing" Houses Of Accused/ Suspects Without Lawful Sanction

The Madhya Pradesh High Court on Wednesday dismissed a PIL seeking interference of the Court in the recent spree of demolishing houses and other pukka constructions by police in the State, belonging to people allegedly in conflict of law. Questioning the locus standi of the Petitioner, a practicing advocate, the division bench of Chief Justice Ravi Malimath and Justice...