Judicial Review Not Permissible In Administrative Matters Unless There Is Malafide Or Flagrant Violation Of Law: Rajasthan High Court

The Rajasthan High Court, Jaipur observed that no interference is permissible in exercise of powers of judicial review for matters pertaining to construction of public utility building, unless it is demonstrated that there is a flagrant violation of any provision of law/rules in the action of authorities or it suffer from mala fides. A division bench of Justice Pankaj Bhandari...

Magistrate Shall Not Entertain Application U/s 156(3) CrPC If It Is Not Supported By Complainant's Affidavit: Supreme Court

The Supreme Court observed that a Magistrate cannot entertain an application under Section 156 (3) of the Code of Criminal Procedure, when the complaint was not supported by an affidavit.With such a requirement, the persons would be deterred from causally invoking authority of the Magistrate, under Section 156 (3) of the Cr.P.C. In as much as if the affidavit is found to be false, the...

"Misconceived, Half Baked Petition": Delhi High Court Refuses To Entertain Plea Challenging DMRC-DAMEPL Agreement

Calling it a misconceived and half baked petition, the Delhi High Court on Friday refused to entertain a plea challenging an agreement between Delhi Metro Rail Corporation (DMRC) and Anil Ambani-led Reliance Infrastructure-promoted Delhi Airport Metro Express Pvt Ltd (DAMEPL) in the year 2008. The plea alleged that the agreement was executed by playing a fraud on public money. Justice...

[S. 372 CrPC] Victim Has No Right To Prefer Appeal Against Acquittal Order Passed Before Dec 31, 2009: Allahabad HC

The Allahabad High Court has observed that a Victim/Informant under Section 372 of CrPC can't prefer an appeal against an acquittal/lesser offence/inadequate compensation order passed before December 31, 2009 (the day on which a proviso was added to Section 372 CrPC).It may be noted that the proviso to Section 372 CrPC says that a victim/informant has a right to prefer an appeal against any...

Hijab Not Essential Practice Of Islam, Karnataka AG Says; What Was Necessity Of Saying This In GO, Asks High Court?

A Full Bench of the Karnataka High Court today heard Advocate General Prabhuling Navadgi on behalf of the State, in the petitions filed by Muslim girl students, who have challenged the action of a government college in denying their entry for wearing a hijab (headscarf).Navadgi told the Bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi that he...

Prior Criminal History, Conduct & Behaviour In Jail, Possible Danger To Society, Etc. Are Relevant Considerations While Considering Premature Release Plea: Supreme Court

The Supreme Court observed that applicant's prior criminal history, conduct and behaviour in jail, possible danger to society, etc. are relevant considerations while considering an application for premature release.Such an application has to be considered on the basis of the policy as it stood on the date when the applicant was convicted of the offence, the bench comprising Justices...

New York Supreme Court Allows Attorney General To Compel Deposition Of Trump; Says There Is "Copious Evidence Of Financial Fraud"

The New York Supreme Court, on Thursday, quashed Donald Trump and his children Ivanka and Donald Trump Jr.'s motion against the subpoenas issued by the New York State Office of Attorney General (OAG). Judge Arthur Engoron, refusing to stay the parallel civil investigation instituted against them, ordered Donald Trump to comply with the subpoena seeking documents and information, and...

What Are Detaining Authority's Obligations While Communicating Grounds Of Preventive Detention To Detenu? Delhi High Court Answers

The Delhi High Court on Friday laid down the legal position regarding the detaining authority's obligation to communicate to a detenu the grounds of detention. A division bench comprising of Justice Siddharth Mridul and Justice Anup J Bhambhani observed the following:- A detenu has a fundamental right under Article 22(5) that the grounds on which a detention order has been made against him,...

'Counterblast To Disclosure Against Dileep' : Director Balachadrakumar Moves Kerala High Court Seeking Pre-Arrest Bail In Rape Case

Malayalam film director Balachandrakumar has moved the Kerala High Court seeking anticipatory bail apprehending arrest in a case where he has been accused of raping a woman in 2010 and recording the incident on his cellphone. The director has been charged under Section 376 (i) of IPC (sexual assault) and Section 66 E of the Information Technology Act (violation of privacy). The prosecution...

S. 21 CPC | Subsequent Suit Seeking Further Reliefs Has To Be Stayed If There Is 'Identity Of Matter' In Previous Litigation: Delhi High Court

The Delhi High Court recently delved into an issue relating to staying of subsequent suit under Section 10 of the Civil Procedure Code, 1908 where there is identity of matter with previous litigation.Section 10 CPC stipulates that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit...

1200-Crore Fertilizer Subsidy Scam: Allahabad High Court Hands Over Probe To CBI To 'Unveil Dolphins Accused'

The Allahabad High Court on Wednesday handed over the probe into an alleged scam of Rs. 1200/- crores in the subsidy to the manufacturers of fertilizers, without the actual supply of fertilizers by the manufacturers to the distributors.The Bench of Justice Gautam Chowdhary ordered thus in a 482 CrPC plea filed by one of the accused in the scam, Avinash Kumar Modi who sought for quashing...

Hijab Ban- Karnataka High Court Full Bench Hearing(Day 6)- LIVE UPDATES

Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...