'Apprehension Must Be Real': Delhi High Court Imposes 25K Cost On Litigant Alleging Judicial Bias Without Any Material

Calling it an extreme example of abuse of process, the Delhi High Court has imposed cost of Rs. 25,000 on a litigant who had accused a Trial Court judge of being biased against him. The High Court opined that the allegations were levelled without any material.Justice C Hari Shankar was of the view that though the standard of bias is one of apprehension rather than of proof, the apprehension...

RAS/RTS Combined Competitive Mains Examination 2021: Supreme Court Allows Rajasthan Public Service Commission To Conduct Exam On March 20 & 21

The Supreme Court recently allowed Rajasthan Public Service Commission ("RPSC") to go ahead with the RAS/RTS Combined Competitive Mains Examination 2021 which are scheduled to be conducted on March 20 and 21, 2022.The bench of Justices KM Joseph and Hrishikesh Roy confirmed the Rajasthan High Court's order dated February 23, 2022 passed by the bench of Chief Justice Akil Kureshi (now retired)...

Handwriting Expert's Opinion Not The Only Mode To Prove Signature And Handwriting : Supreme Court

The Supreme Court observed that opinion of the handwriting expert is not the only way or mode of proving the signature and handwriting of a person.The signatures and handwriting of the person can also be proved under Sections 45, 47 and 73 of the Indian Evidence Act, the court said.In this case, the Orissa High Court quashed the order taking cognizance passed by the Sub-Divisional...

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine

The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the instant case,...

Directions To Expedite Trial In A Particular Case Must Be Passed Only For Extremely Compelling Reasons : Supreme Court

The Supreme Court has observed when petitions seeking directions to trial court to expedite the trial are filed before the higher courts, the same need to be examined from all angles.The bench of Justices Dinesh Maheshwari and Vikram Nath made this observation while considering a SLP against Madras High Court's order of directing the trial court to expedite the proceedings and close the...

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet...

Tripura High Court Dismisses PIL Challenging Constitutionality Of Section 11 Of The Right To Information Act

The Tripura High Court last week dismissed a Public Interest Litigation (PIL) plea which challenged the constitutional validity of Section 11 of the Right to Information Act, 2005 on the ground that the same is ultra-vires of Article 14 and 21 of the Constitution of India.Essentially, the petitioner was concerned with the 'deplorable' condition of the native and smuggled wildlife species,...

Delhi High Court Weekly Roundup: March 14 To March 20, 2022

CITATIONS 2022 LiveLaw (Del) 202 TO 2022 LiveLaw (Del) 213NOMINAL INDEXJIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA 2022 LiveLaw (Del) 202Mrs. Jayanti Dalmia Versus DCIT 2022 LiveLaw (Del) 203SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL THROUGH ITS CHAIRMAN v. UNION OF INDIA & ANR. 2022 LiveLaw (Del) 204STAR INDIA PVT. LTD. & ANR. v. LIVE.FLIXHUB.NET & ORS....

Tahsildar Under Section 140(2) Of Karnataka Land Revenue Act Has Power To Determine Boundary Of A Survey Number Or A Holding: Karnataka High Court

The Karnataka High Court has said that Tahsildar Under Section 140(2) of the Karnataka Land Revenue Act has power to determine the boundary of a survey number or a holding. The aforesaid power can be exercised in respect of a survey number or a holding irrespective of the fact whether the same is situated within the Municipal limits or outside the municipal limits. A division bench...

All Forms Of Talaq Not Illegal; Only Triple Talaq Made Criminal Offence : Muslim Man Moves Supreme Court Seeking Pre-Arrest Bail

A Muslim man has approached the Supreme Court seeking anticipatory bail submitting that all forms of Talaq have not been made illegal and what has been made a criminal offence is only "Talaq-e-biddat" (triple talaq).A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice in the special leave petition filed by the man assailing Jharkhand High Court's order dated January 17,...

Penalty Clause In Policy For Private Colleges Issued By Commissioner, College Education Is Illegal & Beyond His Power, Rajasthan High Court

The Rajasthan High Court has observed that the penalty clause in the Private Colleges Policy issued by the Commissioner, College Education, for different years in question, is beyond his power and illegal. Essentially, the petitioners were granted temporary recognition after due inspection, verification and the same was continued. The affiliations were granted by the Universities and...

Court Cannot Act As Post Office To Collect And Exchange Information: Madras High Court

The madras high court bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy were hearing a petition for directing the Joint Secretary of Department of Personnel and Training and the Secretary of Department of Post to pass appropriate orders giving effect to the recommendations made by the Central Information Commission in 2013. One of the recommendations made...