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Erroneous Finding Can't Be The Basis For Entertaining Appeal u/s 30 of Employee's Compensation Act, Unless It Raises Substantial Question Of Law: Rajasthan High Court
The Rajasthan High Court observed that any erroneous finding or any error of law cannot be the basis for entertaining an appeal under Section 30 of the Employee's Compensation Act, 1923 unless such erroneous findings do not give rise to substantial question of law. Justice Sudesh Bansal, observed, "It is settled law that unless the findings of fact recorded by the Commissioner, are...
S.176 Contract Act| Notice Of Sale By Pawnee Must Contain A Positive Assertion Disclosing Intention To Sell: Calcutta HC
The Calcutta High Court on Wednesday observed that a notice of sale by a pawnee under Section 176 of the Indian Contract Act, 1872 (Act) must contain a 'positive assertion' indicating the intention of the pawnee to dispose of the security. A pledge is a bailment of goods as security for payment of debt or performance of a promise. Section 176 of the Act permits the pawnee to sell the...
"Marriage Certificate Not Necessary For Adopting A Child": Allahabad HC In Transgender Person's Plea Seeking Marriage Registration
The Allahabad High Court has observed that for adopting a child, a marriage certificate is not a sina-quo-non and even a single parent can adopt a child under the Hindu Adoption and Maintenance Act, 1956.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed thus while dealing with a plea filed by a Transgender person and her husband who sought a direction upon the...
'Arrangement/Safety For Stray Cattle In Rural Areas': Allahabad HC Appoints Amicus Curiae, Seeks UP Govt's Reply
The Allahabad High Court on Wednesday decided to deal with the issue of stray cattle menace in rural areas and therefore, it appointed Advocate Yogendra Misra, assisted by Advocate S. M. Singh Royekwar to assist the Court in the matter as Amicus Curie.The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan also directed the State Counsel to seek instructions in the...
"File Reply To Pleas Against Amendment Made To Municipal Act Or We Will Stay It": Patna HC Warns State, Central Govts
Dealing with Public Interest Litigations (PILs) plea filed challenging the 2021 amendments made to the Bihar Municipal Act, 2007, the Patna High Court on Friday warned the Union and the State Government to file their replies in 1 week otherwise the amendments would be stayed by the Court.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar ordered thus as it noted that despite...
Despite Women Empowerment Being Motto, Deprived Authorization To Women-Self Development Groups: Bombay HC On Cancellation Of Authorisation Of Mahila Bachat Gats
The Aurangabad Bench of the Bombay High Court recently ordered the District Supply officer (DSO) to restore authorisation of four Mahila Bachat Gats or Women Self Development Groups to maintain fair price shops. Justice Bharati Dangre observed that their licence to run fair price shops was cancelled on "clumsy" and "non-existent" grounds and the Tehsildar to the highest level...
Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl
The Calcutta High Court has recently upheld the conviction of a man for raping a 7 year old girl by observing that mere penetration is sufficient to prove the offence of rape and that presence of injuries on the body of the victim is not necessary. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi observed, "It has also been strenuously argued that the allegation of rape on a...
Don't Register Writ Petition That Doesn't Set Out Specific Grounds – Bombay High Court To Registry
The Bombay High Court has directed its Registry to not register any writ petition unless the same sets out specific grounds on which the petition is being moved and warned the department of strict action if any lapse was viewed in that regard. A division bench of Chief Justice Dipankar Datta and Justice NB Suryawanshi, sitting in the Aurangabad Bench, directed, "The Registry...
Specific Relief Act - Compensation In Lieu Of Specific Performance Can't Be Granted Unless Specifically Claimed In Plaint : Supreme Court
In a recent judgement, the Supreme Court disallowed the claim for damages raised in lieu of specific performance of contract citing the reason that the plaintiff had not specifically sought the relief of compensation in the plaint.The Court referred to Section 21(5) of the Specific Relief Act which says :"No compensation shall be awarded under this section unless the plaintiff has claimed...
Delhi High Court Dismisses PIL Challenging Tender Invitations Issued By PSUs For Empanelment Of Law Firms Based On Turn Over Criteria
The Delhi High Court has dismissed a public interest litigation challenging the Tender invitations issued by Public Sector Undertakings and other registered Corporates or Companies, including Directorate General of Hydrocarbons, for empanelment of a Law Firm on the basis of money or turn-over criteria as being ultra vires the Advocates Act, 1961. Justice Manmohan and Justice Navin...
Ramesh Jarkiholi Sex CD Scandal: Supreme Court Stays Karnataka HC's Order Allowing SIT To Submit Final Report
The Supreme Court on Friday stayed Karnataka High Court's order dated February 3, 2022 of allowing SIT formed for probing complaint of rape by a woman and charges of conspiracy against former Minister Ramesh Jharkiholi to submit its final report before the Trial Court.The bench of Justices Indira Banerjee and JK Maheshwari passed the stay order in a special leave petition filed by the...