Judicial Intervention Must Be Exercised Cautiously In Contractual Sphere, Specifically In Govt Contracts: Andhra Pradesh High Court

In the Contractual sphere, (like that of a tender), judicial scrutiny must be cautiously exercised because the author of the contract is the best judge of its requirements and eligibility conditions and courts should only interfere in case that eligibility criteria or conditions are arbitrary, irrational, unreasonable or malafide, Andhra Pradesh High Court has held. Justice U....

Plea Seeking Appointment Of Legal Guardian For Mentally Retarded Person Maintainable Under Clause 17 Of Letters Patent Act: Madras High Court

The Madras High Court has held that it can appoint a legal guardian for persons with intellectual disability under Clause 17 of the Letters Patent Act, 1865.While appointing the petitioner, C. Raghuraman, as the legal guardian and manager of the properties of a relative with 60% mental disability, the bench of Justice Abdul Quddhose also cleared the air about the maintainability of...

Magistrate Cannot Discharge Accused U/S 245(2) CrPC On The Ground That Complainant Was Absent Without Recording Reasons & Examining Witnesses: Calcutta HC

The Calcutta High Court has recently held that a Magistrate while discharging an accused under Section 245(2) CrPC has to record reasons showing that no case has been made out and thus cannot simply order for such discharge on the ground that the complainant has failed to show cause by not verifying and affixing proper signature on the application. Justice Ananda Kumar Mukherjee observed, "In...

Award Passed By Lok Adalat Is Not A Compromise Decree: Supreme Court

The Supreme Court observed that an Award passed by the Lok Adalat is not a compromise decree. This observation was made by the bench comprising Justices KM Joseph and PS Narasimha in its judgment holding that an Award passed by a Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987 cannot be the basis for redetermination of compensation as contemplated under Section 28A of...

Marital Rape Exception: Centre Requests Delhi High Court To Defer Hearing In View Of Pending Consultative Process

The Central government has reiterated its request before the Delhi High Court to defer hearing in a bunch of pleas challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape provided the wife is above 15 years of age.Time is sought for providing a stipulated timeline within which the...

Concocted Efforts To Frame Dileep, Prosecution Not Bothered About Offence But The Offender: Arguments For Pre-Arrest Bail In Kerala High Court

The Kerala High Court on Thursday heard the anticipatory bail plea moved by actor Dileep and other accused in the alleged criminal conspiracy to kill police officers investigating the sensational 2017 sexual assault case.Dileep is concurrently facing trial as the alleged mastermind of the abduction and the sexual assault of a female actress in a moving car in 2017 and is the 8th...

Karnataka High Court To Hear Muslim Student's Plea Against Hijab Ban In Govt College On Feb 8

The Karnataka High Court will hear on February 8 the writ petition filed by a Muslim girl student challenging the action of a government college in denying her entry for wearing a hijab.When the matter came on Thursday before a bench of Justice Krishna S Dixit, the counsel for the state submitted that the Advocate General will be appearing in the matter. Accordingly, the petition was adjourned...

Delhi High Court Dismisses Plea Challenging Rotation Of Wards For Reserved Categories In Upcoming Municipal Polls

The Delhi High Court has dismissed two petitions challenging a notification issued by the State Election Commission last month, changing the seats reserved in some wards under the General and Scheduled Caste category, for the upcoming municipal elections on the basis of descending order of percentage of population.The Division Bench comprising of Justice Vipin Sanghi and Justice Jasmeet...

Lok Adalat Award Cannot Be The Basis For Redetermination Of Compensation U/Sec 28A Land Acquisition Act, 1894: Supreme Court

The Supreme Court has held that the Award passed by a Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987 cannot be the basis for redetermination of compensation as contemplated under Section 28A of the the Land Acquisition Act, 1894.The award which is passed by the Lok Adalat cannot be said to be an award passed under Part III of the Land Acquisition Act 1894...

DSLSA Withdraws Proceedings In Delhi High Court Against Actress Juhi Chawla For Payment Of Costs In 5G Matter

The Delhi High Court today dismissed as withdrawn the execution petition filed by Delhi State Legal Services Authority ('DSLSA') against actress and environmentalist Juhi Chawla, for recovery of cost imposed on her in the 5G rollout case.The development comes soon after a Division Bench of the High Court reduced the quantum of cost to be paid. Even though the money has not been...

Review Against Reduction Of Navjot Singh Sidhu's Sentence : Supreme Court Adjourns To Feb 25

The Supreme Court today adjourned the review petition preferred against the 2018 verdict of the Top Court that had reduced the sentence of Navjot Singh Sidhu to Rs 1000 from 3 years imprisonment in a 1987 road rage accident in which Gurnam Singh had died.The hearing has been adjourned to February 25.The review petition filed by the legal representatives of the victim was listed before the...

"We Understand Your Anxiety That Case Be Heard": Allahabad HC Adjourns UAPA Accused Atiq's Bail Plea To Feb 10

High Court referred the matter to Chief Justice while observing that since the hearing in Habeas Corpus Plea (main matter out of a bunch of connected maters) filed by Atiq and others has already been concluded and in such a situation, it wouldn't be appropriate to hear the instant bail pleas (one of the connected matters).