Order XLVII Rule 1 | 'Error Can Be Corrected Without Clamour, Correction Would Not Alter Decree': Calcutta HC Explains Requirements For Review

The Calcutta High Court on Monday had the opportunity to expound on the requirements that need to be fulfilled before a Court can revisit a judgment under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. Under Order XLVII Rule 1, an aggrieved person may apply for review of a judgment to the Court which passed the decree or made the order under two conditions- first, upon discovery of...

Privacy | High Court Seeks Delhi Govt's Response On Plea Challenging Installation Of CCTV Cameras In Classrooms

The Delhi High Court on Tuesday issued notice on a petition filed by Delhi Parents Association and Government School Teachers Association, challenging the decision of the Delhi government to install CCTV cameras inside classrooms in all Government-run schools as violative of fundamental rights guaranteed under Articles 14, 19(1)(a) and 21 of the Constitution.The Division Bench comprising...

Bombay High Court Refuses To Stay "Gangubai Kathiawadi" Movie Release Over Alleged Defamation Of Kamathipura

The Bombay High Court on Wednesday refused to stay the release of Sanjay Leela Bhansali's Gangubai Kathiawadi slated to hit theatres on February 25. A division bench of Chief Justice Dipankar Datta and Justice MS Karnik disposed of one PIL while dismissing another PIL by MLA Amin Patel and a petition filed by residents of Kamathipura.The court took exception to petitions being filed last...

Indefinite Adjournment In Anticipatory Bail Matter Is Detrimental To Valuable Right Of A Person: Supreme Court

The Supreme Court observed that indefinite adjournment in a matter relating to anticipatory bail, that too after admitting it, is detrimental to the valuable right of a person."When a person is before the Court and that too in a matter involving personal liberty, least what is expected is for such a person to be given the result one way or the other, based on the merit of his case and not...

OROP : Supreme Court Reserves Judgement In Ex-Servicemen's Plea For 'One Rank One Pension'; Economic Policy Be Considered With 'Caution', Says Centre

The Supreme Court on Wednesday reserved judgment by plea filed by the Ex- Serviceman Movement seeking implementation of the "One Rank One Pension"/ ("OROP") in the Defense Forces.The plea filed through Advocate on Record Balaji Srinivasan wherein it was averred that despite the assurance on floor of Parliament, what was being implemented is "different pensions for same rank depending on when...

'Housewife More Than Mere Skilled Worker, Has Multifarious Role As Home Manager': Gauhati High Court Enhances MACT Compensation

The Gauhati High Court recently held that the role of a housewife is multifarious and to tag her as a mere skilled worker alone does not do complete justice to her role in managing the house. Therefore, compensation with respect to her death in a motor accident must be calculated including loss of dependency."In my considered opinion to tag a house wife as a 'skilled worker' alone does not...

"Murder Wasn't Pre-Planned Or Pre-Meditated": Allahabad High Court Commutes Death Sentence Of 4 In A 27 Yr Old Case

The Allahabad High Court on Tuesday commuted the death sentence awarded to 4 people in a 27-year-old murder case while noting that the case did not fall in the category of 'rarest of rare cases', warranting capital punishment.The Bench of Justice Ramesh Sinha and Justice Vivek Varma didn't agree with the opinion of the trial court that the murder was premeditated and pre-planned one. In fact,...

Hijab Case - Allowing Religious Symbols In Educational Institutions Against Secularism : Colleges & Teachers Tell Karnataka HC

A Full Bench of the Karnataka High Court today continued hearing the Respondents in the petitions filed by Muslim girl students, challenging the action of a government college in denying their entry for wearing a hijab (headscarf). Today is the 9th day of the hearing before the Full Bench.Senior Advocate S. Naganand, appearing for govt PU college, its principal and lecturers today told the...

'State's Discretion': Madras High Court Dismisses Plea For Adopting NCERT Syllabus In Govt Schools

Madras High Court has dismissed a writ petition seeking a direction to the state government to adopt the syllabus prescribed by NCERT (National Council of Educational Research and Training) for all government schools in Tamil Nadu.The Bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy dismissed the public interest litigation by stating that such discretion...

'Enactment Of Law Is Sovereign Function': Delhi High Court Dismisses Plea For Implementation Of Whistle Blowers Protection Act, 2014

The Delhi High Court today refused to entertain a Public Interest Litigation seeking a direction upon the Parliament to bring into force the Whistle Blowers Protection Act, 2014.At the outset, the Division Bench comprising Chief Justice DN Patel and Justice Jyoti Singh observed that enactment of law and bringing it into force are sovereign functions to be performed by the Parliament or the...

Writ Petition Under Article 32 To Quash FIR/Criminal Proceedings Cannot Be Entertained: Supreme Court

The Supreme Court observed that a writ petition under Article 32 of the Constitution of India to quash FIR/criminal proceedings cannot be entertained.It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. to be considered by this Court in exercise of powers under Article 32 of the Constitution of India, the Court observed while dismissing a...

CAA-NRC Protest Site At Shaheen Bagh Allegedly Being Converted Into Unauthorized Memorial: Delhi HC Asks Authorities To Decide Representation

The Delhi High Court today disposed of a PIL alleging that the CAA-NRC protest site at city's Shaheen Bagh area is illegally being converted into a memorial, with a direction to the South Delhi Municipal Corporation and other concerned authorities to look into the petitioner's grievance.The plea was filed by one Mohd. Farooq, a resident of Shaheen Bagh area in Jamia Nagar, alleging that...