Supertech Twin Tower Demolition: Supreme Court Directs Refund To Homebuyers By Feb 28

In the Supertech Emerald Court twin tower demolition matter, the Supreme Court on Friday directed that payment of the amounts of refund as computed by the Amicus Curiae shall be made to the home buyers on or before February 28. Where home loans are outstanding, the developer shall clear the home loans on or before March 31 and furnish NOCs from the concerned financial institutions to the...

'To Say The Least, Report Is Absolutely Vague': Calcutta High Court On Police Investigation In Case Of Missing Minor Girl

The Calcutta High Court on Thursday expressed displeasure at the manner in which the investigation is being carried out by police authorities of Kalna Police Station, Purba Bardhaman in a case pertaining to the disappearance of a minor girl in Kalna district of West Bengal. The Court was adjudicating upon a Habeas Corpus Plea moved by the parents of the missing minor girl. A Bench...

Less Graves Cannot Be A Ground To Vest Kabrastan Land In Govt: Gujarat High Court

"One cannot expect that graveyard should be full always and if there are less graves, it cannot be said to be a ground to vest the land in Government," the Gujarat High Court has held. Justice Dr. AP Thaker made this observation while considering a petition filed by the Islahul Sunni Muslim Khidmat Trust for quashing the order passed by the Collector in 2006, vesting the kabrastan...

Kerala High Court Declares Gawking Charges (Nokkukooli) Illegal; Calls For Reforms Of Headload Workers Act

The Kerala High Court recently pronounced a judgment declaring that the practice of demanding gawking charges, often referred to as 'nokkukooli' in Malayalam, is illegal and unconstitutional. This observation came in a plea filed by a man who was not being provided with the necessary registered headload workers for his construction work by the trade unions pursuant to a dispute between them...

'Policy Matter': Delhi High Court Refuses To Entertain PIL To Reduce Covid Booster Dose Interval

The Delhi High Court today refused to entertain a PIL seeking to reduce the time gap for administration of precautionary doses of Covid-19 vaccines (booster shots) to front line workers and senior citizens. The Bench comprising of Chief Justice Patel and Justice Jyoti Singh observed that it is an administrative decision and the Court cannot interfere in policy matters, based on the whims...

Delhi High Court Issues Notice On Plea Challenging Constitutionality Of S.95 IBC

A Writ Petition has been filed by the personal guarantors of an MSME Corporate Debtor, Emkay Automobiles Industries Ltd., challenging the constitutional validity of Section 95 of the Insolvency and Bankruptcy Code, 2016. The Bench comprising of Justice Manmohan and Navin Chawla has issued notices to the Respondents including the Central Government, the Reserve Bank of India, the...

'Deliberately Tried To Hoodwink The Court': Calcutta High Court Raps Former Chairman Of WBCSSC, Imposes 20K Costs

The Calcutta High Court has recently come down heavily on the former Chairman of the West Bengal Central School Service Commission (WBCSSC) while setting aside an order issued by the former Chairman depriving a candidate for the recruitment of assistant teachers in secondary and higher secondary classes in the State of her right to counselling. Justice Abhijit Gangopadhyay while referring to...

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 (attempt to Murder) and 498-A (Cruelty to wife) read with Section 34 of IPC, based on a compromise between the parties involved.Justice Rajeev Kumar Shrivastava observed,"the allegations are serious in nature wherein mother-in-law & sister-in-law with...

Supreme Court Single Judge Refers To Larger Bench Plea To Annul Marriage On Mutual Consent Invoking Article 142

The issue whether a single judge of the Supreme Court can exercise powers under Article 142 of the Constitution to pass a decree of divorce on the basis of mutual consent has been referred to a larger bench.On February 1, a single bench of Justice Krishna Murari noted that the issue has been referred to a larger bench. "The issue as to whether a Judge sitting singly can pass an order...

Can't Move High Court Directly Seeking Registration Of FIR Without First Approaching Magistrate U/S 156(3) CrPC: Gujarat HC

Various applications seeking registrations of FIR are being filed before the High Court directly without approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, the Gujarat High Court has observed. According to Justice Vipul Pancholi, this is in contravention of the Supreme Court's observations on the powers of the Magistrate under Section...

BREAKING| Haryana Govt Moves Supreme Court Against HC Stay On 75% Quota For Locals In Private Jobs; SC To Hear On Feb 7

The State of Haryana has filed a Special Leave Petition in the Supreme Court against the order passed by the Punjab and Haryana High Court yesterday to stay the Haryana law which provided 75% reservation for local people in private sector.Solicitor General of India Tushar Mehta mentioned the petition on Friday before the Chief Justice of India for urgent listing."After hearing me for 90...

Order VII Rule 11 CPC | There Cannot Be Piecemeal Rejection Of Plaint: Delhi High Court

The Delhi High Court has held that there cannot be a piecemeal rejection of a plaint under provisions of Order VII Rule 11 of the CPC. In other words, Plaint can either be rejected as a whole or not at all.The observation is in line with the Supreme Court's decision in Madhav Prasad Aggarwal & Anr. v. Axis Bank Ltd. & Anr. Therein, a Division Bench had held as follows:"it is...