Order Can't Be Termed "Mala Fide" Just Because It Is Illegal, Erroneous Or Perverse: Supreme Court

The Supreme Court observed that every erroneous, illegal or even perverse order/action by a Statutory authority, by itself, cannot be termed as wanting in good faith or suffering from malafide. For imputing motives and drawing inference about want of good faith in any person, particularly a statutory authority, something more than mere error or fault ought to exist, the bench comprising...

Kerala High Court Asks Public Service Commission To Provide Visually Impaired Woman With A Suitable Scribe To Appear For Online Exam

The Kerala High Court has directed its Public Service Commission to ensure that a visually impaired woman is given a suitable scribe as contemplated in the circular issued by the Ministry of Social Justice & Empowerment Department of Disability Affairs to appear in an online examination for the post of a teacher.However, Justice N. Nagaresh clarified that if the respondents are not able...

Gauhati High Court Upholds The Minimum Age For District Judges In Assam

Court held that the limitation on age has a rational and reasonable nexus with the Rules of Assam Judicial Service Rules of 2003. The Gauhati High Court recently upheld the minimum age limit for appointment of District Judges in Assam. A division bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia held that the limitation on age has a rational and reasonable nexus...

Counsel Has Professional Duty To Exercise The Right Of Re-Examination : Madras High Court

The Madras High Court(Madurai Bench) has recently observed that a counsel has a professional duty to exercise their right of re-examination for upholding the cause of their clients. The Bench of Justice G.R Swaminathan made this observation while hearing a second appeal, after noting that the sense and meaning of the answers given by the appellant in trial must have been brought out...

Degree Of Certainty Must Be Arrived At Before A Fact Is Said To Be Proved: Madras High Court

The Madras High court allowed a second appeal filed by one R. Selvaraj (died) and his legal heirs against the order passed by Sub Judge in appeal suit for enjoyment of the suit schedule property. Justice N. Anand Venkatesh, while passing the order focused on the importance of bringing certainty to a fact especially in civil matters. The disputes in the present appeal were with...

Visually Challenged Lawyer Files Complaint Against Practo Before Chief Commissioner Under Disabilities Act Citing Accessibility Barriers

A complaint has been filed before the Court of Chief Commissioner for Persons with Disabilities against Practo Technologies alleging that its services were not effectively accessible to persons suffering from blindness and is therefore in gross violation of several provisions of the Rights of Persons with Disabilities Act, 2016.The complaint has been filed by Rahul Bajaj, a lawyer with...

Allahabad HC Finds Man Guilty Of Raping A 10 Y/O Girl 33 Years After The Incident, Sets Aside Trial Court's Acquittal Order

The Allahabad High Court last month found a man guilty of committing the rape of a 10-year-old girl in May 1988, i.e., over 33 years after the date of the incident. With this, the HC allowed the Government appeal filed in 1989 against the trial court's acquittal order by setting aside the same.Significantly, the Bench of Justice Suneet Kumar and Justice Vikram D. Chauhan also observed that...

Madras High Court Leaves It To Haj Committtee To Decide On Including Chennai As Pilgrim Embarkation Point

The Madras High Court has disposed of a writ petition filed by the Popular Front of India challenging the guidelines framed by the Haj Committee for the year 2022 regarding embarkation points and to include Chennai Airport as one of the embarkation points for the Haj pilgrims. A bench comprising Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy stated that if...

Courts Must Make Mediation & Negotiation Mandatory As Part Of Case Management: CJI NV Ramana

"An active effort must be taken by Courts to make negotiation and mediation mandatory, as a part of case management", said the Chief Justice of India NV Ramana on Saturday while speaking at the inaugural event of the two-day national conference on "Mediation and Information Technology" in Gujarat."Imbibing effective ADR mechanisms into the judicial process can reduce pendency, save...

'One Nation-One Poll' Proposal Referred To Law Commission To Formulate Practicable Road Map: Centre Informs Rajya Sabha

The Ministry of Law and Justice today recently the Rajya Sabha that the proposal for a one-nation-one-election has been referred to the Law Commission for further examination to work out a practicable road map and framework for simultaneous elections to Lok Sabha and State AssembliesThis piece of information was provided by the Union Law Minister, Kiren Rijijju in response to a question put up...

Claim For Maintenance U/S 125 CrPC Lies Where Parties Reside, Not Places Where "Flying Visits" Are Made: MP High Court

The Madhya Pradesh High Court, Gwalior Bench has recently held that the word "resides" under Section 126 CrPC cannot be equated to a place where one makes 'a casual stay or a flying visit'.The provision provides that proceedings for maintenance under Section 125 may be taken against any person in any district: (a) where he is, or (b) where he or his wife, resides, or (c) where he last...

Punjab & Haryana HC Grants Relief To BJP Leader Tajinder Bagga In Case Over Alleged Statements Against Delhi CM Arvind Kejriwal

The Punjab and Haryana High Court has granted relief to Bharatiya Janata Party (BJP) leader Tajinder Pal Singh Bagga in a case registered against him for his alleged criminal intimidating statement against the Chief Minister of Delhi, Arvind Kejriwal.Noting that the offences listed in the FIR are all punishable with imprisonment of less than seven years, the Bench of Justice Harinder Singh...