[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...

2019 Postal Ballot Fraud | Kerala High Court Asks Police Chief To Explain 2 Years' Delay In Concluding Investigation

The Kerala High Court on Wednesday came down heavily on the special police team constituted to investigate the alleged postal ballot fraud in 2019, for its inordinate delay in winding up the probe. Noting that the team had undertaken to conclude the inquiry within two months from September 2019, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly directed the State...

Underage Driving | 'Innocent Lives Are Lost, Can't Give Stamp Of Approval': Madras High Court Declines Motor Accident Claim Of Minor

Madras High Court has recently refused to entertain a motor accident claim in which the claimant, a minor, was found driving the motorcycle involved in the accident.In a strongly worded judgment, Justice S. Kannamal noted that the claimant who was a minor boy at the time of accident cannot demand compensation from the insurance company when he himself is a tortfeasor.Though the bench agreed...

Centre Appoints Delhi High Court Chief Justice DN Patel As TDSAT Chairperson

The Central Government has cleared the appointment of Delhi High Court Chief Justice DN Patel as Chairperson of Telecom Disputes Settlement and Appellate Tribunal (TDSAT), days before his retirement. Chief Justice DN Patel is set to retire on March 12. As per the order issued by Ministry of Communications, Government of India yesterday:"As approved by the Appointments Committee of the...

Is Spouse's Refusal To Acknowledge & Treat Mental Illness A Ground For Divorce? Supreme Court To Consider

The Supreme Court on Friday agreed to consider the legal question whether the refusal of a spouse to acknowledge a medical illness and undergo medical treatment for the same can amount to the ground of "cruelty" for divorce.The bench of Justices Vineet Saran and Aniruddha Bose issued notice in a Special Leave Petition filed against Kerala High Court's order dated September 3, 2021, which...