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"Trial Court Passed Incomplete Judgement": Madhya Pradesh High Court Orders Enquiry Against Presiding Judge, Remands Matter Back
A peculiar criminal appeal recently reached the Gwalior Bench of Madhya Pradesh High Court, where surprisingly the Trial Court had passed an "incomplete judgment" of conviction for the offence of Murder.The Division Bench of Justice G.S. Ahluwalia and Justice Deepak Kumar Agarwal noted that whereas the Appellant before it was on trial for murder of two, he was punished only on one count and...
Leniency Can't Be Shown For Drunken Driving Merely Because No Major Accident Occurred : Supreme Court
While dealing with the case of an employee's dismissal from service after being found guilty of driving under influence of alcohol, the Supreme Court of India has observed that merely because no major accident occurred leneincy can't be shown for the micconduct of drunken driving. The Court stated that driving a vehicle under the influence of alcohol is not only a misconduct but it is an...
Civil Services| DoPT Entitled To Seek Info From Credible Sources Before Concluding If Candidate Correctly Claimed EWS Reservation: Delhi HC
The Delhi High Court has observed that the Department of Personnel & Training (DoPT) is entitled to seek information from credible sources before concluding, as to whether or not the concerned candidate for civil services has correctly claimed reservation under the Economically Weaker Section (EWS) category.Justice Rajiv Shakdher and Justice Talwant Singh was dealing with a petition filed...
Sec 8 Arbitration Act - Court Can't Adjudicate Bifurcability Of Causes Of Action Or Presence Of Necessary Parties After 2015 Amendment: Calcutta HC
The Calcutta High Court on Friday had the opportunity to expound on the issue as to whether Courts should consider the dictum of the Supreme Court as laid down in Sukanya Holdings (P) Ltd. v. Jayesh H. Pandya regarding non-permissibility of bifurcation of subject-matter or causes of action in a suit while adjudicating upon an application filed under section 8 of the Arbitration and...
Completion Of Investigation Not A Condition Precedent For Eligibility Under 'Sabka Vishwas' Scheme : Bombay High Court
Observing that a liberal interpretation had to be given to the Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019 (SVLRS) as the intent was to unload the baggage relating to legacy disputes pre-GST era, the Bombay High Court quashed a show-cause cum-demand notice against a construction company. A division bench of Justices RD Dhanuka and SM Modak, in a judgement last...
Gujarat High Court Designates Four Lawyers As Designated Senior Advocates
In a notification issued by the Registrar General of Gujarat High Court, four more advocates were designated as Senior Advocates. In the notification issued yesterday, the following advocates have been designated as Seniors in the exercise of court's powers under Section 16 (2) of the Advocates' Act, 1961 read with Rule 19(1) of the High Court of Gujarat- Designation of Senior Advocates,...
Section 372 CrPC - Victim's Right To Prefer Appeal Against Acquittal Absolute, Not Necessary To Obtain Special Leave: Supreme Court
The Supreme Court observed that the right provided to the victim to prefer an appeal against the order of acquittal is an absolute right and there is no necessity to obtain a special leave."The victim has not to pray for grant of special leave to appeal, as the victim has a statutory right of appeal under Section 372 proviso and the proviso to Section 372 does not stipulate any condition...
Distinction Between Doctors, Paramedic Staff For Granting COVID Ex Gratia Amount By Delhi Govt Not Justified: High Court
The Delhi High Court on Tuesday prima facie observed that the distinction drawn by the Delhi Government between doctors and paramedic staff working in either Government or Private Hospitals requisitioned by the State with other nursing homes which may not have been requisitioned on account of their capacity, is not justified. Justice Vipin Sanghi and Justice Jasmeet Singh also observed that...
73rd Republic Day: The Promise of Purna Swaraj
The 26th of January every year is celebrated as the Republic Day- to commemorate the adoption of the Indian Constitution which came into effect on this day in the year 1950. In Indian political history, three dates hold special significance- 15th August, 1947 the day on which India won Independence; 26th November, 1949 as the day on which the Constitution of India was adopted by the Indian Constituent Assembly and 26th January, 1950 the day on which the Constitution came into...
By-Poll Expenses Can't Be Recovered From Candidate Who Resigns: ECI, State Govt To Calcutta HC
The Calcutta High Court was apprised by both the Election Commission of India (ECI) and the State government on Tuesday that expenditure incurred by the State exchequer in conducting an election cannot be recovered from a candidate even if he resigns from his constituency before completion of his term in order to enable another person to contest the election from that constituency. The Court...
Kerala High Court Holds First Urgent Late Night Hearing To Arrest Vessel In Admiralty Suit
In a first, the Kerala High Court on Monday held a late-night hearing of an admiralty suit to arrest a vessel, MV Ocean Rose, from leaving the Cochin Port Trust. Justice Devan Ramachandran convened the hearing at 11.30 pm after the plaintiff in the suit approached the Court to prevent a ship from leaving the Cochin port, which was scheduled to leave at 5 am the next morning. Finding force in...