'Citizenship Kept In Limbo' : Plea In Gauhati High Court Challenges Withholding Of NRC Rejection Orders As Parties Can't File Appeals

A writ petition under Article 226 of the Constitution has been filed before the Gauhati High Court seeking directions for issuance of rejection orders for inclusion in the National Register of Citizens, Assam (NRC) so that the petitioners can avail their statutory right to appeal against exclusion from the NRC. Pertinently, the petitioners have also sought for a stay on the mandatory...

Preventive Detention Is Based On Suspicion Or Anticipation & Not On Proof: J&K&L High Court Upholds A Detention Order

While upholding a detention order, the Jammu and Kashmir and Ladakh High Court recently observed that our Constitution guarantees various freedoms and personal liberty to all persons in our Republic, however, the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused. The Court was also of the view that Preventive detention is based on suspicion...

Delay By Itself Cannot Veto A Writ Petition Under Article 32 When Fundamental Rights Are Clearly At Stake : Supreme Court

While quashing notification issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community, the Supreme Court observed that that the delay by itself cannot be used as a weapon to Veto an action under Article 32 when violation of Fundamental Rights is clearly at stake.In this case, Sunil Kumar Rai and others approached the Apex Court challenging...

Delhi High Court Weekly Round-Up [2022 LiveLaw (Del) 134 - 2022 LiveLaw (Del) 150]

CITATIONS 2022 LiveLaw (Del) 134 TO 2022 LiveLaw (Del) 150NOMINAL INDEXVINAY KHURANA v. SHWETA KHURANA 2022 LiveLaw (Del) 134DR. SANJIV BANSAL v. DR. MANISH BANSAL 2022 LiveLaw (Del) 135GOPALA KRISHNA MOOTHA v. THE STATE GOVT OF NCT OF DELHI & ANR 2022 LiveLaw (Del) 136JOHRINA BEGUM v. SUKHBIR SINGH 2022 LiveLaw (Del) 137SUMER SINGH SALMAN v. VIKRAM SINGH & ORS 2022 LiveLaw...

'Lohar Is Not Same As Lohara': Supreme Court Quashes Bihar Govt. Notification That Approved Issuance Of Scheduled Tribe Caste Certificates To Lohar Community

The Supreme Court quashed a notifications issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community."Lohar is not same as Lohara. Including Lohars alongside 'Lohara' is clearly illegal and arbitrary", the bench comprising Justices KM Joseph and Hrishikesh Roy observed.The court noted that Lohars were not included as members of the Scheduled...

"Neither Lawyers Nor Judges Can Afford Not To Be Familiar With Technological Changes": Odisha CJ Muralidhar Envisions Paperless Courts At Every Level

Chief Justice of the Orissa High Court Justice S. Muralidhar has expressed his vision for paperless Courts at every level in the State of Odisha. He also expressed his satisfaction over the fact that after his initiative, there are already 3 (Judges) in the High Court whose Courts are working completely paperless and 2 (two) more Judges are expected to go paperless soon. He was...

Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates

The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad...

Kerala High Court Weekly Round-Up: [2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102]

Nominal IndexCitations: 2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102Rajesh R & Ors. v. Health Inspector, Municipal Corporation of Kochi & Ors, 2022 LiveLaw (Ker) 92Mangala v. Union of India & Ors, 2022 LiveLaw (Ker) 93Dr Subramanian Swamy v. V.N. Narayanan & Ors, 2022 LiveLaw (Ker) 94Denny Varghese & Anr. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 95Dr...

Claiming Adverse Possession After Encroachment Into Public Road Not Admissible: Kerala High Court

The Court also added that powers under Article 227 cannot be exercised like a 'bull in a china shop'.

Eye Witness's Evidence Cannot Be Discarded Merely Because He Did Not Intervene When Deceased Was Attacked: Supreme Court

The Supreme Court observed that evidence of an eye witness cannot be discarded only for the reason that he allegedly did not raise any alarm or did not try to intervene when the deceased was being attacked.The court observed thus while dismissing an appeal filed by an accused who was concurrently convicted in a murder case of offences under Section 302 IPC and Sections 25 and 27 of the Arms...

Child Born Out Of POCSO Crime A "Victim" As Defined Under Section 2(wa) CrPC : Bombay High Court

Welfare Of The Child Born Out Of Illicit Relations Of Paramount Importance – Bombay HC Reduces Life Sentence Of The Accused To 10 Years, Directs Compensation For The Child After Maternal Death

Ajit Pawar Breached 'Solemn Duty' By Not Disclosing Personal Interest In Lavasa Project : Bombay High Court

The Court however dismissed the petition challenging Lavasa Project citing long delay.