Extra Attempt In UPSC Mains For Candidates Who Missed It Due To COVID Can't Be Considered, Centre Tells Supreme Court

On the pleas seeking relaxation in terms of one additional attempt at the civil services examination by those who could not appear in the Mains on account of COVID, the UOI has told the Supreme Court that the demands raised by the petitioners in the cannot be considered, that there is no merit in the case either in law or on facts and the said writ petition is liable to be dismissed by...

"No Evidentiary Value" : Delhi High Court Refuses To Accept Media Reports About Justice Lokur's Comments On December 2018 Collegium Meeting

The Delhi High Court has refused to accept the media reports about the statements made by former Supreme Court judge Justice Madan B Lokur about the Supreme Court collegium meeting held on December 12, 2018, observing that they lack "evidentiary value".It observed that the Courts would be "clearly transgressing their well settled limitations" if cognizance were to be taken of...

Supreme Court Detains Petitioner For A Day Till The Rising Of The Court For Forging Medical Certificate Seeking Extension Of Time To Surrender

The Supreme Court, on Tuesday, held a petitioner in contempt, who had filed forged medical certificate, claiming to be COVID-19 positive, along with an application seeking extension of time to surrender. A Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and P.S. Narasimha sentenced the contemnor to be detained for one day in the office of the Additional Registrar...

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The division bench of Justice Sheel Nagu and Justice D.K. Paliwal was dealing with first...

'You Will Succeed In The Bar' : Supreme Court To Advocate While Dismissing His Plea To Relax Upper Age Limit For Judicial Service Exam

The Supreme Court on Wednesday dismissed a writ petition filed by an Advocate who was also a MP Higher Judiciary Aspirant seeking relaxation of upper age limit to appear in the MP Higher Judicial Service Exam.The bench of Justices DY Chandrachud, Surya Kant and Bela M Trivedi. noting that the petitioner's age was beyond the age limit of 45, dismissed the plea.When the matter was called...

Section 420IPC- Complaint Can Be Quashed If Company Is Not Made A Co-Accused In A Crime: Andhra Pradesh High Court

The Andhra Pradesh High Court recently exercised its inherent powers under Section 482, CrPC to quash a FIR which had not made a company as co-accused even though the transaction was made with the company. Brief Facts of the case The Criminal Petition was filed under Section 482 CrPC seeking to quash the FIR registered under Section 420 of Indian Penal Code dealing with punishment...

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy the Court that the defendant is seeking to...

'Courts Exist For Convenience Of Litigants, Not Advocates': Bombay HC Rejects Bar Association's Plea Against Establishment Of Court At Wai

The Bombay High Court has rejected the writ petition filed by Satara District Bar Association, opposing its decision to establish the Court of an Additional District Judge and the Court of a Civil Judge in Maharashtra's Wai town. The Association had stated that the decision would put Judicial officers, staff and litigants to great difficulty.While dismissing the writ petition, a bench...

Absence Of Reasons In Order Imposing Penalty Violates Principles Of Natural Justice: Andhra Pradesh High Court

In a recent case, Justice R. Raghunandan Rao of the Andhra Pradesh High Court has reiterated the principle that absence of reasons in an order as to why conditions and penalty are imposed is a violation of natural justice principle. The petitioner had been granted a quarry lease for Black Granite over an extent of land for a period of 20 years. The said lease had been determined by...

Doctrine Of Necessity Will Apply When President Of Disciplinary Enquiry Committee Was Replaced Due To Ill Health : Supreme Court

The Supreme Court has applied the "Doctrine of Necessity" to sustain the findings of a Disciplinary Enquiry Committee against a School Principal, after noting that the President of the Committee had to be replaced due to ill health.The Court found fault with the School Tribunal under the Maharashtra Private School Employees (Conditions of Service) Act, 1977, setting aside the Enquiry...

Madras High Court Evokes Doctrine Of 'Approbate & Reprobate', Holds A Party Can't Take Contradictory Stands In Different Courts

Madras High Court has evoked the 'doctrine of approbate and reprobate' to hold that a party cannot claim a right over a property when he had obtained another Decree from the competent Civil Court on the ground that no right or title was conveyed to him under the sale deed.Justice N. Anand Venkatesh observed that the defendant party claiming right over the schedule property cannot take...

All High Courts Weekly Roundup [March 21 - March 27, 2022]

Allahabad High Court CITATIONS 2022 LiveLaw (AB) 130 TO 2022 LiveLaw (AB) 141 NOMINAL INDEX Sajid @ Kale v. State of U.P. 2022 LiveLaw (AB) 130 State of Uttar Pradesh v. Rahul Singh @ Govind Singh connected with Rahul Singh @ Govind Singh v. State of Uttar Pradesh 2022 LiveLaw (AB) 131 Jeetu @ Amit Kumar Rawat And Anr. v. Sub Divisional Magistrate Sadar Lucknow And Anr....