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Can Special Judge Under Electricity Act Try Case Also Involving Offences Under IPC? Madhya Pradesh High Court Answers
Answering a reference requested by the lower court, the High Court of Madhya Pradesh, Indore Bench recently held that a Special Judge under the Electricity Act, 2003 can try a case, wherein the accused is also charged for offences punishable under the Indian Penal Code. The reference arose out of a case in which the accused was charged U/S 139 Electricity Act, and U/S 279,427 IPC....
"Witnesses' Statements Can't Be Discarded Even Though Recorded After More Than One Year": Court Frames Charges Against Six In Delhi Riots Case
A Delhi Court on Friday framed charges against six men in connection with a case concerning the North East Delhi riots of 2020 observing that statements of witnesses cannot be discarded at the stage of framing of charges even though recorded after more than one year of incident of violence. Additional Sessions Judge Virender Bhat framed charges against Bilal Ansari, Suhail @ Bholu, Imran,...
Supreme Court Stays Delhi High Court Order Laying Down Guidelines To Feed Street Dogs
The Supreme Court on Friday stayed the operation of an order of the Delhi High Court which issued a set of guidelines for feeding street dogs after holding that citizens have a right to feed street dogs.A division bench comprising Justices Vineet Saran and Aniruddha Bose stayed the High Court's order on a petition filed by an NGO 'Humane Foundation for People and Animals' challenging it.The...
Courts Can't Direct Govt To Have A Particular Method Of Recruitment, Eligibility Criteria For Services: Allahabad High Court
The Allahabad High Court has observed that the prescription of qualifications and other conditions of service pertains to the field of policy and is within the exclusive discretion and jurisdiction of the State and that it is not open to the Courts to direct the Government to have a particular method of recruitment or eligibility criteria.The Bench of Justice Manju Rani Chauhan further...
'Costs Over 80 Crores A Year' : Plea Before Kerala High Court Challenges Pensions Granted To Ministers' Personal Staff In State
A Public Interest Litigation (PIL) has reached the Kerala High Court challenging the manner of appointment of personal staff to ministers in the State and the consequent pension benefits provided to them despite having served only a couple of years in office. Significantly, the plea estimated that the State is currently spending at least Rs. 80 crore per annum for paying pension."When...
Supreme Court Stays Death Sentence Awarded To POCSO Convict ; Directs His Psychological Evaluation
The Supreme Court stayed execution of death sentence awarded to a man accused of rape and murder of a 11 year old girl.We feel that the interest of justice dictates that we obtain a psychological evaluation of the appellant, the bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha said while granting leave in the special leave petition filed by Jai Prakash challenging...
Civil Court Not Barred By Education Act To Hear Recovery Suit Filed By Teacher 'Discharged' From Service Sans Order On Her Claim: Karnataka HC
The Karnataka High Court has held that a civil court has jurisdiction to hear and decide on a suit filed by a teacher claiming arrears in salary, if she is discharged from her duties on account of closure of the school and no order is passed by the school management on her claims seeking arrears in salary. A Division bench of Dr.Justice H.B.Prabhakara Sastry and Justice S....
NEET-PG : Supreme Court To Consider Validity Of West Bengal Condition Of 3 Years Minimum Service In Remote Areas For In-Service Quota
The Supreme Court on Friday issued notice on the plea of 4 doctors challenging the West Bengal state notification of October, 2021 extending the condition of three years' minimum service in remote/difficult/ rural areas for being considered as eligible for the in-service quota.The effect of the notification is that for availing of state quota seats in post- graduate medical courses,...
State Can Notify All Corporations, Municipalities & Panchayats U/S 58(f) Of Transfer Of Property Act: Kerala High Court
The Kerala High Court has recently held that the State Government is justified in notifying all Corporations, Municipalities and Panchayats in the State of Kerala under Section 58(f) of the Transfer of Property Act.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly thereby refused to interfere with a State notification in that regard and accordingly dismissed an appeal....
'Lives In Victim's Neighborhood, Took Advantage Of Her Mental Faculties': Delhi High Court Cancels Bail Of Rape Accused
The Delhi High Court has cancelled the bail of a man accused of raping a 37 year old woman suffering from bipolar mental disorder episodic mania and psychotic features after taking her undue advantage, while directing him to surrender in custody within a week. Justice Mukta Gupta noted that the Trial Court failed to notice that the accused was living in the neighbourhood of the prosecutrix,...
Madras High Court Directs De-Sealing Mylapore Club, Orders Re-Determination Of Rent Arrears
In a writ appeal arising from a dispute regarding payment of rent to Kapaleeswar temple by Mylapore Club, Madras High Court has directed the HR & CE Department to de-seal the premises of Mylapore Club.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy has also instructed the respondents for revision/ re-determination of rent arrears by applying...
Acquittal In Criminal Case Is A Factor While Deciding Confiscation Proceedings Under MP Cow Slaughter Prohibition Act: Supreme Court
The Supreme Court observed that the acquittal of an accused in a criminal case under Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, is a factor to be considered while deciding confiscation proceedings under the Act."In a case where the offender/accused are acquitted in the Criminal Prosecution, the judgment given in the Criminal Trial should be factored in by the District Magistrate...