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Excommunication Illegal Under Wakf Act, Infringes Fundamental Rights: Kerala High Court
In a notable judgment, the Kerala High Court has held that ex-communication or externment, whether declared or undeclared, is illegal and impermissible under the Wakf Act.The Court further declared that any bye-law or scheme in relation to the administration of the Wakf Property authorising ex-communication is also illegal as it infringes the fundamental rights guaranteed by the...
Married Daughter Who Became Widowed After The Death Of The Pensioner Is Not Entitled To Family Pension: Calcutta High Court
The Calcutta High Court on Monday observed that the benefit of family pension cannot be extended to a widowed daughter of a pensioner who was married at the time of the death of her father/mother. The Court held that a daughter who became widowed after the demise after her father/mother does not possess any fundamental or statutory right to claim family pension.The issue in consideration before...
For Abetment By Conspiracy, Mere Agreement Not Enough; Something Must Be Done: Kerala High Court
The Kerala High Court on Monday while granting pre-arrest bail to Malayalam actor Dileep and other accused reiterated the clear distinction between the offences of abetment by conspiracy and criminal conspiracy. Dileep and 5 others were facing accusations of conspiring to kill the investigating officers of the 2017 actor sexual assault case, in which Dileep is facing trial as the alleged...
BREAKING| Supreme Court To Resume Physical Hearings On Wednesdays & Thursdays From February 14
In view of the significant decline in the number of COVID-19 cases and positivity rate, the Supreme Court has decided to revive the Modified SOP notified on October 7, 2021, with effect from February 14, 2021. As per the SOP dated October 7, 2021, the Supreme Court had decided that all the matters listed on Wednesday and Thursday, as non-miscellaneous days, would be heard by it only in...
Monson Mavunkal Moves Kerala High Court Seeking Bail In Sexual Assault Case
Infamous fake antique dealer Monson Mavunkal has approached the Kerala High Court seeking bail in the case where a woman has accused him of sexually abusing her.Justice Gopinath P. on Monday directed the Public Prosecutor to get instructions in the matter and posted it to February 15. According to the FIR filed by the woman, a nurse, she was raped with the threat that otherwise her brother...
Wakf Board Can Declare A Property As Wakf Only After Conducting Inquiry Under Section 40 Wakf Act: Supreme Court
The Supreme Court observed that the Wakf Board can determine the nature of the property as wakf only after conducting inquiry as prescribed under Section 40 of the Wakf Act.The conduct of inquiry pre-supposes compliance of the principles of natural justice so as to give opportunity of hearing to the affected parties, the bench comprising Justices Hemant Gupta and V. Ramasubramanian said.The...
Supreme Court Disposes Plea Against ST Reservation Of Two UP Assembly Seats
In a petition challenging the Election Commission's decision to declare two Assembly seats in Sonebhadra district of Uttar Pradesh as reserved for the Scheduled Tribes (STs), the Supreme Court on Monday while disposing the writ granted the petitioner liberty to revive the same if cause of action continues in the next election.The bench of Justices AM Khanwilkar and CT Ravikumar was considering...
Benami Property Transactions Act| Validity Of Order Passed By Adjudicating Authority Not Negated By Procedural Delay To Despatch: Madras HC
In a recent judgment, Madras High Court has held that a reasonable delay in communication of the order will not be counted as non-compliance of the limitation prescribed under Section 26(7) of the Prohibition of Benami Property Transactions Act, 1988. Since the application of the limitation period is uninfluenced by such delay, the court has also clarified that the delay won't negate the...
Institutions Can't Cancel Enrolment Of 'Erroneously Admitted' Students Mid-Course In Absence Of Any Wrongdoings On Their Part: Delhi High Court
The Delhi High Court has allowed a petition filed by students of MSc Nursing at the All India Institute of Medical Sciences (AIIMS), challenging an Office Memorandum (OM) of the Institution canceling their admission. The students had been admitted based on the eligibility conditions in the Prospectus of AIIMS and offer letters. However, 2 months into the course, the Institution decided...
'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity Supply
The Calcutta High Court on Friday directed the West Bengal State Electricity Distribution Company (WBSEDCL) to pay an amount to the tune of Rs.6,07,000 to a consumer for unauthorised disconnection of electricity supply due to which the consumer had suffered unnecessary harassment. Calling the conduct of WBSEDCL as 'deplorable', Justice Sabyasachi Bhattacharyya observed, "In cases such as...
Start Demolition Work Of Supertech Twin Towers Within 2 Weeks : Supreme Court Directs NOIDA Authority
The Supreme Court on Monday directed that the work of demolition of the twin 40-storeyed towers in Supertech's Emerald Court project in Noida shall commence no later than within a period of two weeks.In August last year, the Supreme Court had upheld an order passed by the Allahabad High Court directing the demolition of the twin 40 storey towers in the Emerald Court project of Supertech Ltd....