Demanding Additional Performance Security For Unbalanced Bid Is Arbitrary & Illegal: Rajasthan HC Sets Aside E-Auction Notices Of Water Department

The Rajasthan High Court has set aside e-auction notices issued by the Water Department which demanded additional performance security for unbalanced bids, as arbitrary and illegal. The court directed the respondents-state to permit the petitioners to perform the contract in accordance with law, without insisting upon additional performance security. Justice Dinesh Mehta, ruled,"A look...

BREAKING| Mumbai Court Summons WB CM Mamata Banerjee In Complaint About Insult To National Anthem

A Metropolitan Magistrates Court in Mumbai has issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem. The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that...

Criminal Court Can Try A Case Against Army Man If Commanding Officer Does Not Exercise Discretion U/Sec 125 Army Act To Initiate Court-Martial : Supreme Court

The Supreme Court has held that criminal court will have jurisdiction to try a case against an army personnel if the Commanding Officer does not exercise the discretion under Section 125 of the Army Act to initiate court-martial with respect to the offence.If the designated officer does not exercise this discretion to institute proceedings before a court-martial, the Army Act would not...

'Pre-Natal Diagnostic Techniques Act'- Police Can Probe Offence But Court Can Take Cognizance Only On Complaint Of Appropriate Authority: P&H HC

The Punjab and Haryana High Court has observed that an FIR regarding an offence under the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 [PCPNDT Act] can be lodged and investigation can be undertaken by the Police, however, cognizance of the offence can be taken by the Court only on the complaint made by the Appropriate Authority as per...

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court

If the offence committed is punishable with less than seven years, is a bailable, non-heinous offence and the accused who is a first-time offender, has established a fair ground for not being present in court, to the court's satisfaction, then just the fact that accused has been a proclaimed offender will not bar him/her from availing the benefit of Anticipatory Bail under S. 438 of...

Jharkhand Sessions Court Grants Bail To Two Accused Of Assaulting & Forcing A Muslim Man To Chant 'Jai Shri Ram'

Last Tuesday, a Sessions Court in Jharkhand's Dhanbad district granted bail to two men accused of assaulting a mentally ill Muslim man and forcing him to chant 'Jai Shri Ram.' It is alleged that the accused are associated with the Bhartiya Janta Party. The matter was posted before Additional Sessions Judge Shwaymbhu.In the prosecution's case, the victim, informant's elder brother, was crossing...

Petitioner Surrendered His Seat Before Last Counselling & Not Mid-Course, Institute Can't Recover Entire Course Fees: Karnataka High Court

The Karnataka High Court has said that educational institutions have only a right to recover the prescribed fee for one semester/year and not recover the entire course fees from a candidate who surrenders his seat. A division bench of Justice Alok Aradhe and Justice M G S Kamal relying on the judgments of the Supreme Court in the case of Islamic Academy Of Education & Anr. v. State...

'Taking Serious View Of The Matter': Calcutta HC Raps State For Non-Compliance Of Order Prohibiting Plying Of Unregistered E-Rickshaws

The Calcutta High Court on Monday expressed displeasure at the conduct of the State government for not complying with the Court's earlier order directing the State to ensure a ban on plying of unregistered E-rickshaws in the State. The Court vide order dated August 17, 2018 had disposed of a Public Interest Litigation (PIL) petition after directing the State government to ensure that...

Irregularity In Maintaining List Of Beneficiaries, Stocks Too Trivial, Does Not Warrant Cancellation Of Fair Price Shop License: Patna High Court

The Patna High Court recently quashed the orders of the Sub Divisional Officer and the District Magistrate in revision canceling the license of the petitioners for running a fair price shop under the Public Distribution System. Justice Anil Kumar Sinha held that the onus to prove the charges is on the allegations; however, in the present case, the respondent, instead of proving the charges...

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court

The Supreme Court has held that Section 14(1) of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14(1) of the Act. "The objective of Section 14(1) of Hindu Succession Act, 1956 cannot be that a Hindu male who...

'PIL Filed For Publicity Without Proper Research': Madras High Court Bars Litigant From Filing PILs For 2 Yrs, Imposes Cost

In a plea seeking a slew of "exceedingly general directions" for tackling the menace of corruption, the Madras High Court has censured the petitioner for filing public interest litigations for mere publicity, without proper research.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu further imposed a cost of Rupees Ten Thousand on the petitioner...

Kerala High Court Admits Plea Alleging Unauthorised Lab Conducting Covid Tests At Calicut Airport

The Kerala High Court has admitted a plea alleging that an unauthorised lab is conducting Rapid-PCR Covid tests at the Calicut International Airport. The plea also challenged the airport's denial to accept the passenger's recent RT-PCR test results. Justice N. Nagaresh on Wednesday directed the respondents to file a counter-affidavit in the matter within 4 weeks. The plea was filed by...