Suit For Title Declaration Based On Adverse Possession Having Matured Into Ownership Is Maintainable : Supreme Court

The Supreme Court reiterated that a suit for declaration based on adverse possession having matured into ownership is maintainable.In this case, the plaintiff filed a suit for declaration of title pleading that the adverse possession on the suit property granted him certain rights. The Trial court allowed the application filed by defendant under Order VII Rule 11, Code of Civil Procedure...

Madhya Pradesh High Court Imposes ₹25K Cost On Police Officer For Furnishing Incorrect Information To Court

The Madhya Pradesh High Court recently imposed a cost of Rs. 25,000 on a Station House Officer for providing incorrect information to the Court regarding criminal antecedents of the bail Applicants in a case. Justice Vishal Mishra was essentially dealing with an application under Section 482 of CrPC, moved by the Applicants seeking a modification in their bail order passed by the...

'Violation Of Principles Of Natural Justice': Calcutta High Court Orders Restoration Of GST Registration Within 7 Days

The Calcutta High Court on Tuesday ordered for the restoration of the appellant's certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is in violation of principles of natural justice. A Bench comprising Justice T. S. Sivagnanam...

Madhya Pradesh High Court Orders Removal Of All Illegal Statues Erected At Public Places, Imposes ₹30K Cost On State

Deciding a Public Interest Litigation, the High Court of Madhya Pradesh recently directed the State Government to remove all statues erected at public places on or after 18.01.2013, throughout the State. It further imposed a cost of Rs. 30,000 on the State 'for wasting the precious time of Court in dealing with this avoidable piece of litigation.' The division bench of Justice Sheel...

[UP Excise Act] Civil Appeal Against DM's Confiscation Order Lies Before Concerned District Judge: Allahabad High Court

The Allahabad High Court has observed that as per provisions of Section 72(7) of Uttar Pradesh Excise Act, 1910, a Civil appeal against the order of confiscation passed by the District Magistrate would lie before the District Judge of the respective District.The Bench of Justice Sanjay Kumar Singh observed thus in light of the notification issued in the year 1978 by the UP Government, wherein...

Physical Analysis Is Not Prescribed Under NDPS Act For Testing Opium : Supreme Court

The Supreme Court observed that physical analysis is not prescribed under the provisions of the Narcotic Drugs and Psychotropic Substances Act for testing the opium.The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually opium or not, the bench headed by CJI NV Ramana observed thus while dismissing an appeal filed against...

Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33(5) POCSO Act: Orissa High Court

The Orissa High Court has ruled that the right of an accused to recall witnesses under Section 311 CrPC cannot be denied only because there exists a right of prosecutrix under Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act"). The said provision requires the Special Court to ensure that the child (prosecutrix) is not called repeatedly to testify in...

Disciplinary Proceedings - High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court

The Supreme Court observed that courts cannot interfere with the quantum of punishment imposed by the disciplinary authority unless it is grossly disproportionate.Quantum of punishment is within the discretionary domain and the sole power of the decision-making authority once the charge of misconduct stands proved, the bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed.In...

Courts Need Not Hold Up Arbitration At Pre-Appointment Stage Over Insufficiency Of Stamp Duty: Bombay High Court

Bombay High court on Monday, through single judge A. K. Menon, considered whether the arbitration should be held up at the pre-appointment stage and pre-reference stage or whether party should be left to follow the procedures post reference and be left to agitate their respective challenges. Applicant, Vivek Mehta & Anr., had filed an application under Section 11 of the...

Army Pension Regulations | Can't Deny Condonation Of Short-Fall In Pensionable Service Of A Voluntarily Discharged Serviceman U/R 125(a): Orissa HC

The Orissa High Court has held that Regulation 125(a) of the Pension Regulations for the Army, 1961 cannot be employed to deny condonation of short-fall up to six months in pensionable period of service of a serviceman who was discharged on a voluntary basis. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanaik held, "...Regulation 125(a) of the...

Majority Homebuyers Accept Builder's Settlement During CIRP; Supreme Court Allows Withdrawal Of Insolvency Application

The Supreme Court has allowed withdrawal of Corporate Insolvency Resolution Process against a builder in an application filed by three homebuyers in view of a settlement plan agreed upon by the majority of them. In the larger interest of the homebuyers, the Apex Court exercised power under Article 142 to permit withdrawal of the CIRP proceedings and set aside all matters pending between...

Advocates Association Accuses Acting President Of Maharashtra Consumer Commission Of 'Judicial Misconduct' For Adjudicating A Case Against Himself, Demands Action

The Consumer Courts' Advocates Association Maharashtra and Goa has accused the acting president of the State Consumer Disputes Redressal Commission (Maharashtra) – Dr Santosh Kakade - of "judicial misconduct" for dismissing a medical negligence case against himself. He restored the case last month. The association has written to the National Consumer Disputes Redressal Commission...