Order VII Rule 11 CPC | Existence Of Cause Of Action Cannot Be Equated With Merits Of Suit Filed: Delhi High Court

The Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed.Justice Asha Menon was dealing with an application moved under Order VII Rule 11 read with sec. 151 of CPC on behalf of the defendants in a suit seeking rejection of the plaint. The suit was filed for recovery of a sum of Rs.5 crores, by the plaintiff, daughter-in-law of...

YJ Dastoor Resigns As Additional Solicitor General At Calcutta High Court

Additional Solicitor General (ASG) at Calcutta High Court YJ Dastoor has resigned from his post. In a letter written to Law Minister Kiren Rijiju on Monday, he said that he is resigning from the post. However, the letter does not contain any reasons for the resignation. Dastoor had been appointed as the Additional Solicitor General on June 30, 2020 for a period of 3 years. He has been...

'I Don't Think Process Can Be More Democratic Than This' : CJI Ramana On Collegium System

Chief Justice of India NV Ramana on Monday said that the collegium process for judges appointment is democratic as all stakeholders are consulted through a lengthy consultative process."There is an impression in India that judges appoint judges. It is a wrong impression and I want to correct it. The appointment is done through a lengthy consultative process, many stakeholders are consulted....

Orissa High Court Issues Directions To Ensure Nutritional Food, Hygiene And Health Facilities For Jail Inmates

In a significant order, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik of the Orissa High Court has issued certain directions to the Director General, Prisons to ensure food, hygiene and health facilities in all the jails/sub-jails of the State. It has also directed all the District Legal Services Authorities (DLSAs) to inspect the...

65 Years Too Early An Age For Someone To Retire : CJI NV Ramana

Chief Justice of India NV Ramana said on Monday that 65 years is too early an age for someone to retire."I think 65 years is too early an age for someone to retire," CJI Ramana, who is due to retire on August 27 this year, said. He was speaking at an online conversation on Comparative Constitutional Law with Justice Stephen Breyer of the Supreme Court of the United States of America....

Mumbai Court Extends Anil Deshmukh's CBI Custody Till April 16

A special CBI court in Mumbai on Monday extended the CBI custody of former Maharashtra Home Minister Anil Deshmukh till April 16 in a corruption case. The court also extended the custody of co-accused Sanjeev Palande, Kundan Shinde and dismissed cop Sachin Waze. The Central Bureau of Investigation sought his custody for five more days in the case regarding corruption in transfers and postings...

Depth Of Penetration Is Immaterial In Offence Of Rape: Allahabad High Court Denies Bail To POCSO Accused

Stressing that the depth of penetration is immaterial in an offence of rape, the Allahabad High Court last week denied bail to a man who committed rape on an 8-year-old girl.The Bench of Justice Sanjay Kumar Singh further observed that little girls are worshipped in our country, but the cases of pedophilia are increasing. The Court also said that a victim/female small child who experiences...

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court

The Supreme Court observed that a reference to Full Bench of Central Administrative Tribunal is not required if there in a case of difference of opinion between the Judicial Member and the Administrative Member of the Tribunal.In such a situation, the matter is required to be referred to the third Member/Chairman who has to give his own decision upon such a reference, the bench...

Sharjeel Imam Denied Bail In Delhi Riots Larger Conspiracy Case

A Delhi Court on Monday dismissed the bail plea moved by Sharjeel Imam in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.Additional Sessions Judge Amitabh Rawat pronounced the order after hearing Advocate Tanveer Ahmed Mir appearing on behalf of Imam whereas Special Public Prosecutor Amit Prasad appeared for...

62-Year Old Man In Foreigners Detention Camp Since 2015 : Supreme Court Asks Centre To Take Humanitarian Approach

The Supreme Court on Monday repeated that the Central Government ought to take a humanitarian approach with respect to a 62-year old man, who has been detained in a foreigners detention camp for over 7 years, as he could not be deported to Pakistan after the country refused to acknowledge him as its national. "7 years he has been in detention. What will you do ultimately? You must...

Delhi High Court Disposes PIL Against Hinduja Group As IndusInd Bank Promoters, Directs RBI To Consider Representation

The Delhi High Court on Monday directed the Reserve Bank of India (RBI) to treat as representation a PIL seeking to reconsider the decision to increase the stakes held by Hinduja Group as the promoters of IndusInd Bank.A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed the RBI to examine the petition, highlighting the criminal antecedents of the promoters...

'Bhaiya Is Back' Banners After Rape-Accused Got Bail; Supreme Court Takes Serious View

The Supreme Court on Monday took serious note of banners being put up to welcome the release of a rape-accused on bail.A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was informed that banners with statement "Bhaiya is Back" were put up after the accused was released on bail.The bench was considering the victim's petition to cancel the bail...