Allahabad High Court To Regularly Hear Gyanvapi Mosque-Kashi Vishwanath Temple Dispute Case From March 29

The Allahabad High Court on Thursday decided that it shall hold regular hearings in the matter related to the Kashi Vishwanath temple-Gyanvapi mosque dispute of Varanasi starting from March 29.The Bench of Prakash Padia ordered thus while holding a hearing on a plea moved by Anjuman Intazamia Masazid, Varanasi last year seeking a stay on the proceedings of the Varanasi court, and also...

Can Arbitrators Fix Their Fee Without Parties' Consent? Is 4th Schedule The Standard Fee Scale? Supreme Court Considers

The Supreme Court on Thursday considered issues relating to the fixation of the arbitrators fees, especially in arbitrations involving Public Sector Undertakings.The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale...

Right Of Accused To Cross-Examine Prosecutrix Can't Always Be Denied Only Because Of Section 33(5), POCSO Act: Uttarakhand High Court

The Uttarakhand High Court has held that recalling a child witness for cross-examination by the accused cannot be blanketly denied only because of Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 (the 'POCSO Act'). Notably, the provision requires Special Court to ensure that the child (prosecutrix) is not called repeatedly to testify in the...

Gujarat High Court Distinguished Between 'Public Order' And 'Law And Order'; Releases Detenue Under NDPS Act

"Unless and until, the material is there to make out a case that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order at the instance of such person, it cannot be said that the detenue is a person within the meaning of section 3(1) of the Act," the Gujarat High Court...

'Forensic Science Labs Need More Personnel, More Expertise' :Supreme Court Expresses Concerns About Delays In FSL Reports

While hearing a matter pertaining to the Heera Gold Exim scam, the Supreme Court, on Thursday, expressed disappointment in the manner the Forensic Science Labs are functioning in the country and in particular the delay on the part of FSL at Telangana in submitting its report in the present matter. "These lab issues have been earlier also flagged by courts. The number of cases that you...

Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court

The Allahabad High Court has observed that it is not the function of the Court to adjudge or evaluate the suitability or desirability of a particular qualification that may be prescribed for a particular service.The Bench of Justice Manju Rani Chauhan observed thus while hearing a writ plea filed by one Kavita Sonkar who appeared and cleared the pre and main examination conducted by the...

Vague Allegations Regarding Harassment Prima Facie Do Not Constitute Offence U/S 498A IPC: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that when there are no specific allegations made against the relatives of husband in a dowry harassment case, then it prima facie does not constitute an offence under Section 498A of Indian Penal Code. Brief Facts of the case A case under provisions of Indian Penal Code i.e. 498A (punishment for husband or relative of husband of...

We Shall Stay All Tribunal Proceedings Unless Govt Wakes Up & Makes Appointments : Supreme Court Warns On Vacancies

On Thursday, while hearing a case pertaining to the Heera Gold Exim scam, the Supreme Court expressed concern over the inability of the Government, which had created tribunals for better disposal of cases, to fill up the staggering vacancies therein. Appearing for an intervenor, whose property was attached in the PMLA proceedings to settle the claims of the numerous investors who...

Writ Petition In Contractual Matters Maintainable If Work Payment Arbitrarily Withheld By State Or Its Instrumentality: Andhra Pradesh High Court

The Andhra Pradesh High Court recently reiterated that a writ petition in contractual matters is maintainable if State or any instrumentality of the State acts arbitrarily by withholding the amount legitimately payable to the contracting party. In the instant case, Justice Battu Devanand held that the petitioner is entitled to the principal amount along with interest for the loss caused...

Birbhum Massacre: NHRC Takes Suo Motu Cognisance, Directs State Gov To Submit Detailed Report Within 4 Weeks

The National Human Rights Commission (NHRC) on Thursday took suo motu cognizance of media reports that eight persons were allegedly burnt to death in Birbhum district of West Bengal after a TMC leader was killed in a bomb attack.The murder of a deputy pradhan in Bogtui village in West Bengal's Birbhum district on Monday evening led to at least eight houses in the area being attacked and set...

Article 226 - High Court Cannot Direct Regularisation Of Temporary Employees By Creating Supernumerary Posts : Supreme Court

The Supreme Court observed that a High Court cannot direct regularisation of temporary employees by creating supernumerary posts."Such a direction to create supernumerary posts is unsustainable. Such a direction is wholly without jurisdiction", the bench comprising Justices MR Shah and BV Nagarathna observed while setting aside the Gujarat High Court direction to the State to consider the...

Delhi High Court Issues Notice On Aam Aadmi Party's Plea To Conduct Upcoming MCD Polls Using EVMs With VVPAT

The Delhi High Court on Thursday issued notice on the plea filed by Aam Aadmi Party through it's MLA Saurabh Bhardwaj seeking directions on State Election Commission to conduct the upcoming MCD polls using EVMs (Electronic Voting Machine) with VVPAT (Voter-verified paper audit trail). Justice Rekha Palli sought response of State Election Commission and Election Commission of India while...