Temporary Relinquishment Of Promotion Can Extend Beyond One Year: Kerala High Court

The Kerala High Court has ruled that the Government Order issued in 1991 mandating that temporary relinquishment of promotion shall be for a minimum period of one year only implies that it should be at least for a minimum period of one year and that it can go beyond one year.A Division Bench of Justice Alexander Thomas and Justice Viju Abraham observed that the said Order was issued...

Supreme Court Grants Bail To Accused Who Had Undergone 6 Years For Offence Punishable With A Maximum Term of 7 Years

On Wednesday, the Supreme Court granted bail to an accused who had undergone a sentence for a period of 6 years for an offence for which the maximum term of punishment is 7 years. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy noted that the accused, who had been arrested in November 2015, had raised the contention that he had undergone more than 50% of the maximum term...

Gujarat High Court Grants Interim Relief To Lawyers Against Service Tax/ GST Payment Notices

Granting interim relief to Lawyers, the Gujarat High Court has stayed coercive actions against the lawyers in connection with demand notices by the CGST (Central Goods and Services Tax) Department with regard to the levy of GST/Service tax.The bench of Justice J. B. Pardiwala and Justice Nisha M. Thakore passed this ad-interim order as it took note of an order of the Orissa High Court that...

Nawab Malik "Voluntarily" Visited Enforcement Directorate Office - ED Defends Allegations Of Illegal Arrest, Says Habeas Corpus Petition Not Maintainable

The Enforcement Directorate has opposed Maharashtra Cabinet Minister Nawab Malik's habeas corpus petition on the grounds of maintainability and asserted that his arrest was 'legal.' In a reply affidavit before the Bombay High Court, ED defended allegations by Malik of being forcibly picked up and served summons in the ED's office The ED claimed that Malik was arrested at 2.45pm...

Ministry's Website To Track Missing Children Not Working, Amicus Tells Supreme Court

The official website developed by the Ministry of Women and Child Development, Union of India, to help the tracking of missing children is not accessing, the Supreme Court was told on Monday.Senior Advocate KV Vishwanathan, appointed as amicus curiae in a matter relating to a missing child, informed the Court that the link of the site "www.trackingmissingchild.gov.in" is not working. He...

Allahabad High Court Grants Bail To Man Accused Of Posting Pakistan's Flag, Writing 'I Love You Pakistan' On FB

The Allahabad High Court recently granted bail to a man who has been booked under Sedition Charges (Sedition 124-A IPC) as he allegedly supported and posted Flag of Pakistan on his Facebook I.D. and thereby tried to create any social disturbance in the country.Having heard the counsel of the petitioner/Mohammad Niyaz, the Bench of Justice Om Prakash Tripathi, without expressing any view on...

Power To Condone Delay Under Section 5 Of Limitation Act Does Not Apply To Suits : Supreme Court

The Supreme Court has observed that the power to condone delay under Section 5 of the Limitation Act does not apply to suits.The Court also noted that Limitation Act is applicable in the State of Mizoram with effect from 21.01.1972.Th limitation may harshly affect a particular party, but it has to be applied with all its rigour when the statute so prescribes, the bench comprising Justices...

'No Judicial Review Over Collegium Decision' : Supreme Court Says In District Judges' Plea Seeking Consideration For Elevation

If decision is taken by the collegium, there is no judicial review with regards to that, the Supreme Court on Monday orally observed in a petition filed by 7 District Judges of Uttar Pradesh seeking directions for reconsideration of their elevation to the Allahabad High Court by Supreme Court collegium.The bench of Justices AM Khanwilkar and CT Ravikumar also adjourned the writ petition for...

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. A single judge bench of Justice Krishna S Dixit said, "The offences allegedly been committed ago i.e., on 18.10.1975; complaint was filed with inordinate delay with no...

Evidence Of Witnesses Cannot Be Discarded Merely Because They Were Relatives Of Deceased Victim: Supreme Court

The Supreme Court reiterated that evidence of witnesses cannot be discarded merely because they were the relatives of the deceased victim.Eleven accused were tried together in a murder case. The trial Court convicted three accused for the offences under Sections 148 & 302 IPC and acquitted others. The conviction of these three accused was reversed by the High Court. According to the...

Karnataka High Court Directs Mandya University To Continue Guest Lecturers For Another Academic Year Until Recruitment Of Full-Time Lecturers

The Karnataka High Court recently directed the Mandya University to continue the services of guest lecturers for another academic year, until the recruitment of full time lecturers as initiated by the University is completed. A Division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj while allowing an intra-court appeal filed by Dr S Srinivasa and...

Can A Nominated Councillor Be Appointed As Leader Of The House Under Section 19-1A Of The Maharashtra Municipal Corporation Act, 1949?: Bombay High Court Answers

The Bombay High Court on Monday noted that in the face of plain language of legislation, rules of interpretation cannot be applied to impose a meaning not intended by the legislature. A bench of Justices A.A. SAYED and S.G. DIGE, in this light drew a distinction between 'elected Councillors' and 'nominated Councillors' with respect to becoming 'Leader of the...