Wakf Board Can Declare A Property As Wakf Only After Conducting Inquiry Under Section 40 Wakf Act: Supreme Court

The Supreme Court observed that the Wakf Board can determine the nature of the property as wakf only after conducting inquiry as prescribed under Section 40 of the Wakf Act.The conduct of inquiry pre-supposes compliance of the principles of natural justice so as to give opportunity of hearing to the affected parties, the bench comprising Justices Hemant Gupta and V. Ramasubramanian said.The...

Supreme Court Disposes Plea Against ST Reservation Of Two UP Assembly Seats

In a petition challenging the Election Commission's decision to declare two Assembly seats in Sonebhadra district of Uttar Pradesh as reserved for the Scheduled Tribes (STs), the Supreme Court on Monday while disposing the writ granted the petitioner liberty to revive the same if cause of action continues in the next election.The bench of Justices AM Khanwilkar and CT Ravikumar was considering...

Benami Property Transactions Act| Validity Of Order Passed By Adjudicating Authority Not Negated By Procedural Delay To Despatch: Madras HC

In a recent judgment, Madras High Court has held that a reasonable delay in communication of the order will not be counted as non-compliance of the limitation prescribed under Section 26(7) of the Prohibition of Benami Property Transactions Act, 1988. Since the application of the limitation period is uninfluenced by such delay, the court has also clarified that the delay won't negate the...

Institutions Can't Cancel Enrolment Of 'Erroneously Admitted' Students Mid-Course In Absence Of Any Wrongdoings On Their Part: Delhi High Court

The Delhi High Court has allowed a petition filed by students of MSc Nursing at the All India Institute of Medical Sciences (AIIMS), challenging an Office Memorandum (OM) of the Institution canceling their admission. The students had been admitted based on the eligibility conditions in the Prospectus of AIIMS and offer letters. However, 2 months into the course, the Institution decided...

'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity Supply

The Calcutta High Court on Friday directed the West Bengal State Electricity Distribution Company (WBSEDCL) to pay an amount to the tune of Rs.6,07,000 to a consumer for unauthorised disconnection of electricity supply due to which the consumer had suffered unnecessary harassment. Calling the conduct of WBSEDCL as 'deplorable', Justice Sabyasachi Bhattacharyya observed, "In cases such as...

Start Demolition Work Of Supertech Twin Towers Within 2 Weeks : Supreme Court Directs NOIDA Authority

The Supreme Court on Monday directed that the work of demolition of the twin 40-storeyed towers in Supertech's Emerald Court project in Noida shall commence no later than within a period of two weeks.In August last year, the Supreme Court had upheld an order passed by the Allahabad High Court directing the demolition of the twin 40 storey towers in the Emerald Court project of Supertech Ltd....

Supreme Court Refuses To Entertain Brigadier's Plea Seeking Promotion As Major General In JAG Dept Of Army

On Monday, the Supreme Court refused to entertain a petition seeking direction to the Centre and the Military Secretariat to grant him promotion to the post of Major General, which is the highest post in Judge Advocate General's ("JAG") Department in the Indian Army. Refusing to exercise Article 32 of the Constitution of India in the matter, a Bench comprising Justices M.R. Shah and...

Can't Exercise Inherent Power U/S 482 CrPC In Routine Manner: Gauhati High Court Denies Relief To Person Declared Foreigner On Admission Of Guilt

The Gauhati High Court has held that its inherent power under section 482 CrPC is not to be exercised in a routine manner and it is only to prevent gross miscarriage of justice or secure the ends of justice.The Court thus refused to interfere with an order of the Chief Judicial Magistrate, declaring the petitioner to be a foreigner, following admission of guilt."The petitioner on being...

Local Court Grants Bail To Yati Narsinghanand In Haridwar Dharam Sansad Case

The Uttarakhand Court (at Haridwar) has granted bail to Yati Narsinghanand, who heads the powerful Dasna Devi temple in Uttar Pradesh, in a case registered against him for his alleged 'Hate Speech' delivered at the Haridwar Dharm Sansad which took place last month.The Additional District and Sessions Judge Bharat Bhushan Pandey granted him bail as it noted the offences alleged to have...

Default Bail Cannot Be Granted Merely Because Cognizance Was Not Taken Before Expiry Of Statutory Period ; Filing Of Chargesheet Sufficient Compliance: Supreme Court

The Supreme Court observed that an accused cannot seek default bail merely on the ground that cognizance has not been taken before the expiry of 60 days or 90 days, as the case may be, from the date of remand if chargesheet was already filed.The indefeasible right of an accused to seek statutory bail under Section 167(2) of the Code of Criminal Procedure arises only if the charge-sheet has...

Marital Rape Exception: Delhi High Court Grants Two Weeks Time To Centre For Deciding Its Stand

The Delhi High Court on Monday granted two weeks' time to the Central Government to decide and clarify its stand in a bunch of pleas challenging the exception of Marital rape under Section 375 of the Indian Penal Code.The development came after Solicitor General of India, Tushar Mehta referred to the recent additional affidavit filed by the Centre wherein it had reiterated the request to...

Delhi High Court Issues Practice Directions Regarding Early Hearing Applications In Company Matters

The Delhi High Court has issued certain practice directions as to how early hearing applications in respect of company matters will be considered by the Court. The said practice directions have been issued pursuant to the order dated November 26, 2021 passed in "Re-MIS JVG Finance Ltd."According to the practice directions, in any application seeking early hearing of the company matter,...