Calcutta High Court Weekly Roundup: January 17 To January 23, 2022

Important Judgments/Orders of the Week 1. Calcutta High Court Seeks State Gov's Response In Plea Seeking Establishment Of Special Courts Under NDPS Act In Compliance With SC DirectionsCase Title: Ahamadur Rahaman v. State of West Bengal and OrsThe Calcutta High Court sought response from the State government in a Public Interest Litigation (PIL) petition seeking the establishment of...

UP Assembly Polls 2022- Can Officers Who Are Susceptible To COVID Be Given Online Training?: Allahabad HC Asks ECI

The Allahabad High Court has asked the Election Commission of India as to whether it can provide training to the election officers (who are susceptible to COVID), for the upcoming assembly polls in the State via online mode.Essentially, an education institution named Dayalbagh Education Institute has moved the High Court with its writ petition submitting that the Election Commission of India...

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient

The Orissa High Court last week dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed agaisnt him in the year 2012 on account of not possessing the standard efficiency required to discharge the duty of a Judge.While referring to the ruling of the Supreme Court in the case of Rajasthan State Road Transport Corporation v. Babulal Jangir (2013)...

Karnataka High Court Weekly Round-Up : January 17 to 23

1: The Marriage Is Totally Dead': KarnatakaHigh Court Grants Divorce To Couple Living Separately Since 21 Yrs Case Title: K Mallikarjuna v. H A Sudha Mallikarjuna Case No: Miscellaneous First Appeal 4314/2012. Citation: 2022 LiveLaw (Kar) 15Observing that "the marriage is totally dead" and that nothing would be gained by trying to keep the parties tied forever to a marriage that...

Bombay High Court Weekly Round-Up: January 17 to 23

Weekly Round-Up Jan17- Jan 231. Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without RentCase Title: Suryakant Kisan Pawar vs Deputy Collector, Mumbai and others Citation: 2022 LiveLaw (Bom) 9The Bombay High Court directed a son who "deprived his mother from leading a normal life" to vacate the house "expeditiously", noting that...

Under Section 482 CrPC Jurisdiction, Court Can't Examine If Subsequent Statement Was Improvement Of Sec 161 Statement: AP High Court

The Andhra Pradesh Court recently ruled that in a petition filed under Section 482 Cr.P.C the Court cannot appreciate the evidence on record in exercise of its inherent powers. The Criminal Petition under Section 482 of the CrPC, 1973 was filed seeking to quash the charge sheet. The petitioner who was one of the accused was undergoing prosecution for the offences punishable...

Married Daughter Also Entitled To Compassionate Appointment On Death Due To COVID: Andhra Pradesh High Court

Recently, Justice Ninala Jayasurya of Andhra Pradesh High Court has held that a married daughter is also entitled to compassionate appointment. Her marital status will not be a bar to claim the welfare scheme based on the facts and circumstances. This Writ Petition was filed by the petitioner aggrieved by the proceedings in rejecting the case of the petitioner for compassionate...

Allahabad High Court Weekly Round Up: January 17 To January 23, 2022

Judgments/Orders of the Week 1. Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High Court Case title - Sanjeev Rai v. State of U.P. and AnotherCase citation: 2022 LiveLaw (AB) 14Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the High Court recently observed that nowadays, it...

"Forensic Report Wasn't Put To Accused": Allahabad HC Orders Retrial In Rape-Murder Case, Sets Aside Death Sentence

The Allahabad High Court on Friday rejected the reference made to it to confirm the death penalty awarded to an accused in connection with a rape and murder case and directed the Sessions Court to conduct a retrial in the matter. The Bench of Justice Manoj Misra and Justice Sameer Jain was dealing with the appeal of one Najeeruddin, who had been held guilty of murdering 3 persons from...

Obtaining Of False Caste Certificate By Non-SC Persons Not Offence Under Section 3(1)(x) SC/ST Act : Karnataka High Court

The Karnataka High Court has held that if persons not belonging to the Scheduled Caste/Scheduled Tribe obtains a false caste certificate, they cannot be prosecuted under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. A single judge bench of Sreenivas Harish Kumar, while discharging two accused Yamuna and Vijaya,said "If...

Mere Formation of Committee Can't Take Away Rights of A Private College Eligible For Enhancement of Intake Capacity: Rajasthan High Court

A division bench of Rajasthan High Court observed that mere formation of a committee cannot take away rights of a private college/institution, which is otherwise eligible and entitled for enhancement of the intake capacity. The court opined that the decision of forming a five member committee of the Ministers of the State Government, in order to take policy decisions in relation...

Kerala High Court Weekly Roundup: January 17 To January 23, 2022

1. Mere Chance For Occupation Of Premises Via Licence Not Sufficient To Make One Necessary/ Proper Party In Appeal Between Licensor & Licensee: Kerala HCCase Title: Big Movers v. Reeni George & Ors. Citation: 2022 LiveLaw (Ker) 27The Court ruled that a mere possibility of an individual occupying the premises through a licence is not adequate to make them a necessary party or a...