Order XLVII CPC | Error Which Is Not Self-Evident & Has To Be Detected By Reasoning Not 'Error Apparent' For Exercising Power Of Review: Delhi HC

The Delhi High Court has observed that while seeking review of orders passed in a civil suit, the grounds mentioned in Order XLVII Rule 1 of the Code of Civil Procedure have to be satisfied. Justice Asha Menon added that a re-hearing and re-appraisal of the material on record including pleadings, would fall within the scope of an appeal and not review. "Error" has to be an error apparent on...

Tamil Nadu Govt Amends Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community

The Tamil Nadu Government has notified an amendment to the State's Subordinate Police Officers' Conduct Rules,1964 by the inclusion of Rule 24-C, prohibiting police officers from harassing LGBTQIA+ persons. The amendment was notified in the Tamil Nadu Government Gazette by exercising the powers conferred by Section 8 of the Tamil Nadu District Police Act, 1859 and Section 9 of the Chennai...

Accused Must Have Knowledge Of Victim's Caste To Be Prosecuted For Offences Under SC/ST Act: Gujarat High Court

The Gujarat High Court has held that to prosecute a person under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must be established that the accused had knowledge of the victim's caste."If we refer Section 3(5) (A) of the Act, it must be within knowledge of the accused person that such person is a member of Schedule Caste or Schedule Tribe or such...

Madras High Court Pulls Up BJP Functionary Syed Ibrahim For Deliberate Suppression Of Facts, Imposes 10K Cost

Madras High Court has reprimanded BJP functionary Syed Ibrahim for deliberately suppressing material facts regarding a prohibitory order against campaigning in a sensitive area with regards to the Tamil Nadu Urban Local Body Polls.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy noted that the petitioner resorted to 'twist the facts' in the...

Malicious Falsehood Can't Become Freedom Of Speech, Care To Be Exercised To Avoid Denigration Of Competitor's Goodwill While Advertising: Delhi HC

Observing that malicious falsehood cannot become freedom of speech, the Delhi High Court has observed that care is to be exercised in order to avoid disparagement of another's products or denigration of the goodwill and reputation built by a competitor while engaging in advertising one's own products."While some latitude is to be given for hyperbole and commendatory expression for oneself with...

POCSO Act Not Intended For Teenagers' Romantic Affair: Allahabad HC Grants Bail To Man Who Married 14-Yr-Old Victim

The Allahabad High Court recently granted bail to a POCSO Accused who ran away with a 14-year-old girl (victim) due to a romantic affair between them. The Court noted that both of them fled away, got married in a Temple, and remained in company with each other for almost two years during which the girl even gave birth to a baby.The Bench of Justice Rahul Chaturvedi also remarked that it would...

'Election Candidates Not To Affix Posters On Public/ Private Property Without Permission': Madras High Court

Madras High Court has given a strict mandate not to affix posters of election candidates on the walls of public and private property without proper permission with regards to the upcoming Tamil Nadu Urban Local Body Polls. The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy has also warned the candidates who violate the provisions of Tamil Nadu...

Ejipura-Kendriya Sadana Flyover | Karnataka High Court Directs BBMP To Lodge FIR Against Contractor On Charges Of Misappropriation Of Funds

The Karnataka High Court on Thursday directed the Bruhat Bengaluru Mahanagara Palike (BBMP) Commissioner to lodge a FIR against M/S Simplex Infrastructures Ltd., on charges of misappropriation of funds, on account of delay in construction of the four-lane Ejipura-Kendriya Sadana flyover in the Koramangala area of Bengaluru. A division bench of Chief Justice Ritu Raj Awasthi...

Hijab Ban- Karnataka High Court Full Bench Hearing(Day 5)- LIVE UPDATES

Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...

Granted Bail For Heinous Offence Before Investigation Concluded: Karnataka HC Directs Addl Session Judge To Undergo Training, Learn Judicial Discretion

The Karnataka High Court has directed its Registry to post an Additional Session Judge, Mysuru, for training in the Judicial Academy in order to make him learn "judicial discretion", in the interest of the institution and to protect the interest of seekers of justice. A single judge bench of Justice H.P. Sandesh said, "The Registry is directed to seek appropriate orders from the...

[SSB Exam] Candidates Declared Medically Unfit For Having Religious Tattoo On Right Forearm: Allahabad HC Seeks Centre's Reply

The Allahabad High Court last week sought the reply of the Central Government and High Officials of Sashastra Seema Bal (SSB) on a plea filed by 3 candidates who were denied employment on account of certain tattoos on a certain part of their hands (forearm). The Bench of Justice Siddhartha Varma directed the Centre's and SSB's counsel to seek instructions in this regard and the matter...

'Clear Case Of Misconduct': Rajasthan High Court Denies Relief To CRPF Constable Removed From Service For Unauthorized Absence

The Rajasthan High Court, Jaipur Bench has refused to interfere in the disciplinary authority's decision, which dismissed CRPF Constable-petitioner from service as he did not report for duty on completion of leave period. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "In our view the petitioner has not made out any case for interference. We...