Externment Is Not An Ordinary Measure ; Must Be Resorted To Sparingly And In Extraordinary Circumstances : Supreme Court

The Supreme Court observed that externment is not an ordinary measure and it must be resorted to sparingly and in extraordinary circumstances. The effect of the order of externment is of depriving a citizen of his fundamental right of free movement throughout the territory of India and therefore the restriction imposed by passing an order of externment must stand the test of reasonableness.,...

Reservation In Promotion- Supreme Court Declares That Its Judgment In M. Nagaraj Shall Have Only Prospective Effect

The Supreme Court declared that its 2006 judgment in M. Nagaraj & Ors. v. Union of India & Ors. (2006) 8 SCC 212, will have only prospective effect.This is to avoid chaos and confusion that would ensue from its retrospective operation, the court said. Making the principles laid down in M. Nagaraj (supra) effective from the year 1995 would be detrimental to the interests of a number...

Prosecution Must Prove 'Nature Of Weapon' Used During Robbery Was Deadly For Upholding Conviction U/S 397: Delhi High Court

The Delhi High Court has modified the conviction and sentence of a man from sec. 397 of Indian Penal Code to sec. 392 as the prosecution had failed to prove the use of a deadly weapon. Justice Mukta Gupta was of the view that the prosecution is required to prove the nature of the weapon of offence used specially in the case of knife or blade."In the absence of the use of a deadly weapon...

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court

On Friday, the Supreme Court delivered the judgment in the issue relating to reservation in promotions. The Apex Court has set out certain guiding principles in relation to reservation to promotion, while leaving some to be determined by the Centre and State Governments on a case-to-case basis. A Bench comprising Justices L. Nageswara Rao, Sanjiv Khanna and B.R. Gavai has...

Delhi High Court Directs CBI To Recall Lookout Circular Against Businessman Sathish Babu Sana In Corruption Case

The Delhi High Court on Friday directed the Central Bureau of Investigation (CBI) to recall the lookout circular issued against Businessman Sathish Babu Sana in relation to a corruption case involving meat exporter Moin Qureshi and other persons. Justice Mukta Gupta however added that Sana will continue to join the investigation as and when directed by the Investigating Officer. "The...

Under Maintenance Proceedings Under Sec. 125 CrPC Court May Not Usurp Jurisdiction Of Civil Courts: Delhi High Court

The Delhi High Court has observed that while the task of deciding the marital status of the parties has been conferred with Civil Courts, the Court under maintenance proceedings under sec. 125 of the Cr.P.C. may not usurp the jurisdiction of the Civil Courts.Justice Chandra Dhari Singh added that in order to preserve the social intent of sec. 125 of the Cr.P.C., the Magistrate can render...

Rajasthan HC Dismisses Doctors' Appeal To Shift The Cut-Off Date To Consider Their Experience Of Service In PG Medical Courses

A division bench of Rajasthan High Court dismissed an appeal filed by several doctors directing the respondent authorities to consider their experience of service in Government hospitals of remote and difficult areas till 31.10.2021, instead of 30.09.2021. Chief Justice Akil Kureshi and Justice Sameer Jain, observed, "The policy of the State is to grant incentive. No candidate has...

Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute

The Delhi High Court on Friday asked Indian Kanoon to consider blocking access of a trial court judgment concerning a matrimonial dispute in a plea invoking the right to be forgotten. Justice V Kameswar Rao issued notice on the petition which had sought removal of the said judgment and posted the matter for further hearing on February 17 along with other similar matters involving the question...

Supreme Court Refuses To Express Views On Discontinuation Of Reservation; Moots Periodical Review Of Data On Inadequate Representation

While refusing to express any view on discontinuation of reservation in public employment, the Supreme Court opined that the data collected to establish inadequacy of representation, which forms the basis for providing reservation for promotions, should be reviewed periodically.The bench of Justices L. Nageswara Rao, Sanjiv Khanna and BR Gavai was considering the submission made by...

TPCL Is 'Authority' Under Article 226; Electricity Distribution Companies Discharging Public Duty Amenable To Writ Jurisdiction: Orissa High Court

The Orissa High Court on Monday held that the Tata Power Company Limited ("TPCL") is an "authority" within the meaning of Article 226 of the Constitution of India. Justice B.R Sarangi noted that TPCL although a company has engaged in the distribution of electricity in four distribution areas of the State under different names. It was further noted that its management is also controlled by...

'CCTVs In Police Stations Deliberately Kept Non-Functional' : Bombay High Court Seeks Report From Maharashtra Govt

The Bombay High Court has taken strong exception to the seemingly deliberate non-functioning of CCTV cameras inside police stations and directed Maharashtra's Chief Secretary to take "stern action" against police officers for not reporting cameras that required repair.A division bench of Justices SJ Kathawalla and MN Jadhav, in an order earlier this week observed, "Pursuant to the directions of...

RPF Officer Can Conduct House Search During 'Enquiry' Without Search Warrant As Per S. 165 CrPC: Jharkhand High Court

The Jharkhand High Court has held that the officer of the Railway Protection Force (RPF) can also conduct a house search during an inquiry under the Railway Property (Unlawful Possession) Act without a search warrant under certain conditions as laid down under Section 165 of the CrPC.However, when such an officer is not enquiring into a case, he has to obtain the prior permission of...