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...

Allahabad HC Dismisses PIL Seeking Lucknow IGP's Transfer As Her Husband Is Contesting UP Polls From Same Area

The Allahabad High Court on Monday dismissed a Public Interest Litigation (PIL) plea seeking transfer of Laxmi Singh, the Inspector General of Police (IG), Lucknow Range on the ground that her Husband, Rajeshwar Singh [Former Joint Director ED] is a Bhartiya Janta Party (BJP) candidate from Sarojini Nagar, a constituency in the Lucknow district.Terming it as proxy litigation, the Bench of...

'Unfortunate That Politics Drives Reservation' : Respondents Conclude Arguments In Vanniyar Internal Quota Case; Supreme Court Reserves Judgment

On Wednesday, the Supreme Court continued hearing submissions in the challenge to the Madras High Court order quashing Tamil Nadu law ("2021 Act") that provided 10.5% reservation in educational institutions and government jobs for the Vanniyar community out of the 20% reservation available to the Most Backward Classes. A Bench comprising Justices L. Nageswara Rao and B.R. Gavai...

Recovery Officer Required To Cancel Auction Sale If Bank Is Satisfied That Dues Are Paid Before Sale: Allahabad High Court

The Allahabad High Court has observed that in case Bank/financial institution is satisfied that its dues are paid before the auction sale is confirmed, then the Recovery Officer would be required to cancel the auction sale.The Bench of Justice Dinesh Singh observed thus while dealing with a Writ Petition seeking to quash a 2015 order passed by the Debts Recovery Tribunal, Lucknow ordering...