NDPS Act- Recovery Made Otherwise Not Vitiated Merely Because Personal Search Violated Section 50: Supreme Court

The Supreme Court, in an order passed last week, rejected an interpretation that if the personal search is vitiated by violation of Section 50 of the NDPS Act, the recovery made otherwise also would stand vitiated."We cannot give such an extended view", the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh said while dismissing an appeal filed by an accused who was concurrently (by...

MACP Scheme Has Noting To Do With Next Promotional Post; Employee Merely Entitled To Immediate Next Higher Grade Pay : Supreme Court

The Supreme Court has observed that Modified Assured Career Progression (MACP) Scheme has nothing to do with the next promotional post and what the employee would be entitled would be the immediate next higher grade pay in the hierarchy of the recommended revised pay bands.The bench of Justices MR Shah and Sanjiv Khanna was considering a civil appeal assailing Kerala High Court's order...

Writ Plea In Contractual Matters Lies Against State, Instrumentalities If Amount Is Admitted & Undisputed: Allahabad High Court

The Allahabad High Court recently observed that there is no absolute bar on the maintainability of a writ petition against the state and its instrumentalities in contractual matters.The Bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava remarked that where the amount is admitted and there is no disputed question of fact requiring adjudication of detailed evidence...

"Shocking" Can't Keep A Prisoner In Solitary Confinement For More Than 14 Days - Bombay High Court Rescues Convict After 2.4 Years In Anda Cell

"I have forgotten how to communicate with human beings, every human feeling has been wiped out, even animals are not kept like this", Imran Shaikh a convicted prisoner in solitary confinement for 2 years and four months, had written in anguish to the Superintendent of Central Prison, Aurangabad, in vain. Last week, the Bombay High Court's Aurangabad bench took cognisance of...

Meghalaya High Court Refuses To Interfere With The Governor's Summon To Garo Hills ADC To Take Up No-Confidence Motion

The Meghalaya High Court has refused to interfere with a notice issued by the Governor of Meghalaya under Rule 36(5) of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 ("the Rules"), whereby the District Council had been summoned to take up a no-confidence motion against the Executive Committee of the Garo Hills Autonomous...

Madras High Court Weekly Round-Up: January 24, 2022 To January 30, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. Focus On Circumstances Of Girl's Suicide, Don't Harass Person Who Filmed Allegations About Religious Conversion: Madras High Court Tells PoliceCase Title: M v. The Director-General of Police & Ors.In a petition filed for transfer of investigation pertaining to the demise of a 17-year-old girl to...

Registration Act Does Not Contemplate Inquiry Into Whether PoA Holder Who Executed Document Had Valid Power Of Attorney: Supreme Court

The Supreme Court observed that the production of the original power of attorney is not necessary, if the document is presented for registration by the power of attorney holder who executed the document on the strength of it."The inquiry contemplated under the Registration Act, cannot extend to question as to whether the person who executed the document in his capacity of the power of...

Allahabad High Court Weekly Round Up: January 24 To January 30, 2022

Judgments/Orders of the Week1. Caste System Deep Rooted In Society; We Couldn't Get Out Of The 'Menace' Even After 75 Yrs Of Freedom: Allahabad High CourtCase title - Sanni Singh v. State Of U P And Another Case Citation: 2022 LiveLaw (AB) 22"Caste system in our society is deep-rooted, we boast ourselves as an educated society but we live our lives with double standards. Even after 75 years...

Maternity Benefits In India: A Look At The Well-Intended But Misguided Law

The persisting global gender gap in the workforce has created a dire need to make inclusive policies to augment women's participation in the labor force and in lieu of this, several countries around the world have formulated liberal maternity benefit provisions so that motherhood does not become a reason for women to opt-out of the workforce. In India itself, the female...

Consider Decentralization Of Medical Purchases For Hospitals : Bombay High Court To Maharashtra Govt

In a significant order, the Nagpur Bench of the Bombay High Court has directed the Maharashtra Government to consider de-centralizing the purchase of medical essentials for medical colleges and hospitals in the state. "We are of the view that in the interest of efficient management of Hospitals and making available proper treatment to patients being admitted to the Government Hospitals...

Supreme Court Directs Karnataka Govt To Complete MDS Admissions Within TimeLine Extended By Centre

The Supreme Court on January 28, has directed the State of Karnataka to adhere to the extended timeliness permitted by the Union Ministry of Health and Family Welfare, to complete the process of counselling for admission to PG courses in MDS for the academic year 2021-22 session. A division bench of Justice D Y Chandrachud and Justice Sanjiv Khanna took on record the communication...

Section 52 Transfer Of Property Act Does Not Bar Temporary Injunction Against Alienation Of Property: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that Section 52 of Transfer of Property Act, 1882 does not operate as a bar to grant of temporary injunction under Order 39 Rules 1 and 2, of Civil Procedure Code. Justice Ravi Nath Tilhari and Justice C. Praveen Kumar in common judgment observed that: "Section 52 of T.P. Act although provides protection to the parties from...