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Plea Taken By Defendant In Written Statements Wholly Irrelevant While Considering Application Under OVII R11 CPC: Madhya Pradesh High Court
Deciding a civil revision against the order of a civil court, the Madhya Pradesh High Court has held that rejecting an application preferred under Order VII Rule 11 CPC would be illegal if the court sought for written statements of the defendant rather than deciding the same on averments in the plaint. Justice Anil Verma observed,"For the purposes of deciding an application under...
Maoist Threat In Locality Valid Reason To Deny NOC For Explosive Licence : Kerala High Court
The Kerala High Court has held that the presence of a Maoist threat in a locality is a sound reason to deny a No Objection Certificate (NOC) for an explosive license. It was also held that the fact that there is an Anganwadi or a PWD road nearby is also sufficient for such rejection. Justice N. Nagaresh while dismissing a petition challenging the decision of a Magistrate observed as...
RFCTLARR Act Not Applicable To Acquisitions Under Bangalore Development Authority Act; LA Act 1894 Act Applies: Supreme Court
The Supreme Court held that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Act are not applicable for the acquisitions made under the Bangalore Development Authority Act.The bench comprising Justices S. Abdul Nazeer and Sanjiv Khanna observed that the Land Acquisition Act, 1894, continue to apply for...
Bombay High Court Expresses Concerns Over Lack Of Mobile Internet Connection In 829 Tribal Villages In Maharashtra
The Bombay High Court's Nagpur bench expressed anguish over the absence of mobile internet technology in at least 829 villages in Gadchiroli district of Maharashtra, making it impossible for children to attend virtual classes during the Covid-19 pandemic. "If this is the situation prevailing there, one can very well imagine as to what would happen to the future of the next...
MP High Court Junks PIL Against Move To Rename Habibganj Rly Station After Rani Kamlapati With 10K Cost
The Madhya Pradesh High Court on Monday dismissed a PIL (Public Interest Litigation) plea filed against the recent decision of the Centre to rename Habibganj station (in Bhopal) after 18th Century Gond Queen, Rani Kamalapati. The bench of Justice Sheel Nagu and Justice Sunita Yadav also saddled the petitioner, Ahmad Sayeed Quresi with a fine of Rs. 10,000/- as it noted that it was a frivolous...
Daughter-In-Law Bound By Undertaking Given While Obtaining Compassionate Appointment To Maintain Mother-In-Law: Calcutta High Court
The Calcutta High Court on Thursday observed in a case that the daughter-in-law is bound by the undertaking given while obtaining a compassionate appointment to maintain and extend medical assistance to the mother-in-law. The Court was adjudicating upon a plea moved by an 80 years old widow (appellant) whose husband had passed away a long time back. Her son Bajadulal Mandal who was working as...
Article 15(5), Providing Reservation To OBC, Not An Exception But Extension Of Principle Of Equality Under Article 15(1): Supreme Court In NEET-AIQ Case
On Thursday, the Supreme Court pronounced a detailed judgment upholding the permissibility of reservations in the All-India Quota ("AIQ") seats in the National Eligibility cum Entrance Test (NEET) examination for undergraduate and postgraduate medical courses and the constitutionality of 27% OBC quota in these AIQ seats. A Bench comprising Justices Dr. D.Y. Chandrachud and A.S....
"I Have No Political Ambitions, Why Comment on My Religion?" Salman Khan's Counsel Argues Defamation Case
It is the easiest thing now-a-days to gather some people, get onto social media and vent out all your anger, actor Salman Khan's counsel argued before the City Civil Court at Mumbai in a defamation suit he filed against his Panvel neighbour Ketan Kakkad. The actor highlighted how the defendant's comments and interviews on social media crossed all boundaries of fair comment by...
District Courts Expected To Follow Orders Regarding Virtual & Hybrid Hearings In Letter & Spirit: Delhi High Court
The Delhi High Court on Thursday said that it expects the judicial officers of the district and sessions courts to follow the order passed by it regarding holding of virtual and hybrid hearings in letter and spirit. A Bench of Justice Vipin Sanghi and Justice Jasmeet Singh also said that all such courts should keep their weblinks open on every working day from the start of the Court...
Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court
The Supreme Court observed that the conduct of a plaintiff is very crucial in a suit for specific performance and the same has to be assessed by the Courts.In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assess his...
VVIP Chopper Scam: Delhi High Court Inquires How Christian Michel's Presence Can Be Secured If He Is Released On Bail
The Delhi High Court today inquired from the CBI how the presence of Christian James Michel, accused in the Rs 3,600 crore AgustaWestland Chopper Scam, can be secured in case he is released on bail. Justice Manoj Ohri asked CBI's counsel DP Singh to submit, without prejudice to his arguments on merits, the bail conditions that can be imposed on Michel. The development ensued during...