Recruitment Process Can't Be Challenged At Any Stage Of Time, However Genuine The Grievance Is : Supreme Court

The Supreme Court has observed that in a recruitment process, a candidate cannot be permitted to approach for redressal, however may be the genuineness of the grievance, at any stage of time as there has to be a closure to the process of recruitment. The bench of Justices SK Kaul and MM Sundresh was considering a civil appeal assailing Calcutta High Court's order dated December 22,...

Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC Reiterates

"(Circumstantial) evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence," the Allahabad High Court reiterated recently.The observation was made by a division bench of Justice Vivek Kumar Birla and Justice Subhash Vidhyarthi while dismissing an appeal filed by the victim against the order of Additional Sessions Judge, Badaun,...

Supreme Court To Hear Tomorrow BJP's Plea To Deploy Central Forces For West Bengal Municipal Polls

The Supreme Court on Thursday has agreed to hear a petition filed by the Bhartiya Janata Party (BJP) party leaders Mousumi Roy and Pratap Banerjee against the decision of the Calcutta High Court which had declined to issue directions for the deployment of central forces for the upcoming elections to to the remaining 108 municipalities of West Bengal which is scheduled to take place on...

Magistrate Can't Use Power U/S 451/457 Cr.P.C. When Trial Or Inquiry Has Not Been Set In Motion: Meghalaya High Court

The Meghalaya High Court has held that Magistrate cannot employ his power under Sections 451/457, Cr.P.C. when trial or inquiry has not been set in motion. Sections 451 and 457 deal with an order for custody and disposal of property pending trial and procedure by police upon seizure of property respectively. While setting aside the order of the Magistrate under such Sections, the...

Person Who Wants To Avail Sabka Vishwas Scheme Benefit Must Strictly Abide By Its Terms & Conditions : Supreme Court

The Supreme Court has recently observed that a person, who wants to avail the benefit of a particular Scheme has to abide by the terms and conditions of the Scheme scrupulously. The observation was made by the bench of Justices MR Shah and BV Nagarathna while considering SLP assailing Allahabad High Court's order dated August 11, 2021 ("impugned order") In the impugned order, the...

Breaking: Admin Of WhatsApp Group Not Vicariously Liable For Objectionable Post By Group Member: Kerala High Court

In a noteworthy decision, the Kerala High Court on Wednesday has ruled that the admin of a WhatsApp group cannot be held vicariously liable if a member of the group posts objectionable content in the group. Justice Kauser Edappagath observed that this was so because vicarious liability in criminal law can only be fastened when a statute prescribes so."A vicarious criminal liability can...

Delhi High Court Issues Notice On Plea Challenging Provisions Of Arbitration Act, Interest Act & 'Interest Barring' Clauses In Govt Contracts

The Delhi High Court on Wednesday issued notice on a plea challenging the constitutional validity of Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, Section 3 (a)(ii) of Interest Act, 1978 and 'interest barring' clauses engrafted in Contracts by Government Bodies and Public Sector Undertakings. A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh...

Bank Unilaterally Changing Amount Payable Under 'One Time Settlement Scheme' Contrary To Doctrine Of Legitimate Expectation: Madhya Pradesh HC

The Madhya Pradesh High Court recently held that a Bank cannot unilaterally change the quantified OTS (One Time Settlement) amount as the same would be against the principles of natural justice, and also runs contrary to the doctrine of Legitimate Expectation. The division bench of Justice Sujoy Paul and Justice D.D. Bansal was essentially dealing with a writ petition filed by...

Husband Can't Deny Maintenance U/S 125 CrPC To Second Wife When He Suppressed Subsistence Of First Marriage: Gauhati High Court

The Gauhati High Court has held that a man cannot escape his liability under Section 125, Cr.P.C. to provide maintenance to his second wife when he had suppressed the subsistence of his first marriage to her. While dismissing the application made by the husband (petitioner herein) to quash the order of maintenance passed by the lower Court, a Single Judge Bench of Justice Robin...

High Courts Should Not Exercise Section 482 CrPC Powers Suo Motu In A Sweeping Manner : Supreme Court

The Supreme Court has observed that High Court cannot exercise power u/s 482 of CrPC, 1973 in a sweeping manner and beyond the contours of what is stipulated under the said Section.The bench of Justices MR Shah and BV Nagarathna was considering a criminal appeal assailing Madras High Court's orders passed in 2019 by which the Single Judge had directed to transfer 864 cases in which the...

'Awarding 100% Marks To Every Student Defeats The Purpose Of Examination': Kerala HC Upholds State's Proposal To Alter Board Exam Pattern

The Kerala High Court on Monday refused to interfere with the State government's proposal to alter the examination pattern for State Board exam students this academic year as opposed to the last one.In the proposed examination pattern, 70% of the questions will be from the focus area and the rest 30% from the non-focus area. In addition, there will be 50% choice questions for focus area...

100 Crore Defamation Case: Telangana Court Directs 'The Wire' To Take Down Articles Against Bharat Biotech In An Ad-Interim Ex-Parte Order

A defamation suit of Rs. 100 crore is filed by pharmaceutical company Bharat Biotech against the publisher of The Wire, its editors, and writers who have written denigrating articles against Bharat Biotech and its developed covid vaccine COVAXIN.The suit is filed before XVI Additional District Judge, Rangareddy Court. Senior Counsel K. Vivek Reddy, appearing for the Petitioner/Plaintiff...