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Son Can't Claim Right Or Share In Parents' Flats While They Are Alive : Bombay High Court
A son doesn't have any right, title or settled and enforceable share in his parent's flats till they are alive, the Bombay High Court has observed. A division bench of Justices Gautam Patel and Madhav Jamdar rejected the son's suggestion that he has a settled and enforceable share in either of the flats in the lifetime of the real owners, his parents, as being "laughable." "The fact...
Pensioners Of Same Rank May Not Form Homogeneous Class; New Benefits Can Be Prospectively Applied : Supreme Court Summarizes Principles On Pension & Cut-Off Dates
In the judgment in the OROP case (Indian Ex-Servicemen Movement And Ors. v. Union of India And Ors), the Supreme Court has summarized the principles relating to pension and cut-off dates as follows :(i) All pensioners who hold the same rank may not for all purposes form a homogenous class. For example, amongst Sepoys differences do exist in view of the MACP and ACP schemes. Certain Sepoys...
Take A Decision Over Establishment Of Online RTI Portal In UT In 3 Months: JKL High Court Directs UT's Chief Secretary
The Jammu and Kashmir and Ladakh High Court on Thursday directed the Chief Secretary of the Union Territory of J&K to take a decision over the establishment of an RTI portal for the UT of J&K within the period of 90 days.The Bench of Chief Justice Pankaj Mithal and Justice Sindhu Sharma issued this order on a Public Interest Litigation (PIL) plea filed by Mohammad Tuyyab Malik...
Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court
The Gujarat High Court has held that when proceedings against a driver are instituted for negligence causing a motor accident, then such driver's statements cannot form part of the charge sheet filed against him."The copy of charge-sheet filed against the driver of the offending vehicle – Truck and the fact that he is prosecuted in the Court of law, if at all, chargesheet is filed against...
It Would Be Extreme Injustice To Parties If Despite Settlement Criminal Proceedings Continue: JKL High Court Quashes FIR U/S 498A RPC
Quashing an FIR under Section 498A of Ranbir Penal Code [offence of cruelty], the Jammu and Kashmir and Ladakh High Court recently observed that it would amount to extreme injustice if despite settlement having been arrived at by the parties, the criminal proceedings are allowed to continue.The Bench of Justice Sanjay Dhar further observed that refusing to quash an FIR in such a case would...
'Patent Illegality' : Bombay High Court Sets Aside Arbitral Award Which Favoured BCCI In IPL Telecast Rights Dispute
Observing that the arbitral award of three former Supreme Court judges by 2:1 majority missed out on "huge chunks of important evidence or not even referred to it," the Bombay High Court set aside the award in favour of the Board of Control for Cricket (BCCI) in India. The court passed the order on a challenge to the award by World Sport Group (India) Private Ltd. Justice BP...
No Need For Trial Court's Permission To Renew Passport When Criminal Proceedings Are Stayed By Higher Court : Karnataka HC
The Karnataka High Court has held that the permission from a trial court is not necessary for renewal of passport when the proceedings are stayed by a higher court.The Court directed the Regional Passport Officer to consider a woman's application for renewal of her passport without insisting upon a facilitative order from the concerned Criminal Court before whom a case registered against her...
Intention Or Knowledge Essential To Attract Section 307 IPC: Gujarat High Court
"What is material to attract offense under section 307 of the IPC is the intention or knowledge with which all the acts are done irrespective of its results", the Gujarat High Court has held recently. Justice Sandeep Bhatt made this observation in connection with a criminal appeal challenging the order of acquittal of the accused for offences under Sections 147 (Rioting), 148 (Rioting,...
Illegitimate Child Also Entitled To Compassionate Appointment: Chhattisgarh High Court
The Chhattisgarh High Court held that even the illegitimate son/daughter is also entitled to a compassionate appointment. Justice Sanjay K. Aggarwal referred to the case of Union of India & Ors v. V.K. Tripathi, where it was held that,"Legitimacy of a child born from a marriage which is null and void, is a matter of public policy so as to protect a child born from such a marriage...
Revamp Bar Exam To Test Analytical Skills; Evolve System For Juniors To Find Chambers: Supreme Court Suggests To BCI
The Supreme Court, on Tuesday, heard the submissions made by the Counsels in the plea challenging the judgment of the Gujarat High Court, which allowed persons with other employment, whether full time or part time to enroll as Advocates, without resigning from their jobs. On a previous occasion, the Court had asked the Bar Council of India ("BCI") to introspect on the present mechanism...
Supreme Court Pulls Up Police For Arresting Accused Without Following Section 41A CrPC
The Supreme Court recently deprecated the act of police officer for arresting an accused without complying with provisions under Section 41 (A), CrPC and also when the bail application was pending before the top court.The bench of Justices Ajay Rastogi and AS Oka frowned upon this act while considering a SLP assailing Bombay High Court's order of rejecting the petitioner's...