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...

Supreme Court Weekly Roundup: January 17 To January 23, 2022

JUDGMENTS THIS WEEK1. If Fraudulent Affairs Of Company Are Continuing, Right To Seek Winding Up Becomes Recurring : Supreme Court In Antrix-Devas CaseCase Title: Devas Multimedia Private Ltd vs Antrix Corporation Ltd and anotherCitation : 2022 LiveLaw (SC) 57The Supreme Court has dismissed an appeal filed by Devas Multimedia challenging the orders passed by the NCLT and NCLAT allowing the...

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

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. Can't Sit As An Appellate Authority To Scrutinize Who Should Be Given Tender': Madras High Court Upholds Auction For Lease Of Fishing RightsCase Title: P.Subbiah @ Subbian v. The District Collector, Theni & Ors.Citation: 2022 LiveLaw (Mad) 20The Madurai Bench of Madras High Court has recently refused...

Former Judge Of Karnataka High Court Justice KL Manjunath Passes Away

Former Judge of the Karnataka High Court, Justice KL Manjunath passed away today due to a massive cardiac. He was 68.Born on April 21, 1953, Justice Manjunath enrolled as an Advocate on September 13, 1974, and practiced in the High Court of Karnataka. He was appointed as an Additional Judge of the Karnataka High Court on December 11, 2000, and was made a permanent Judge on October 27,...

"Selective Outrage By Petitioner Against Tripura Violence But Silence On West Bengal Pre & Post Poll Violence": State Of Tripura Submits Before Supreme Court

Responding to a plea seeking probe into Tripura Violence, the State of Tripura has submitted before the Supreme Court that the petitioner claiming to be "public spirited" citizen has chosen to file the petition with regard to some incident in Tripura but kept silent when severe pre-poll and post-poll violence took place in the State of West Bengal.According to the State of Tripura, the...

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

IMPORTANT JUDGMENTS/ ORDERS1. Look Out Circular Curbs Right To Travel, Should Be Issued Only In Exceptional Circumstances & On Cogent Reasons: Delhi High CourtCase Title: Vikas Chaudhary v. Union of India & Ors.;Citation: 2022 LiveLaw (Del) 21The Delhi High Court has held that the State was unjustified in restricting an individual's right to travel abroad by issuance of a Look...

Calcutta High Court Directs Malda District Magistrate To Conduct Enquiry Into Alleged Misappropriation Of MGNREGA Funds

The Calcutta High Court on Friday directed the District Magistrate, Malda to conduct a probe into alleged irregularities and defalcations in the funds allocated under the Mahatma Gandhi National Rural Employment Guarantee Act 2005 (MGNREGA) scheme in the Gazole Development Block.A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a...

Appeal Under Section 30 Of Workmen's Compensation Act Not Maintainable In Absence of Framing Any Substantial Question of Law: Rajasthan High Court

Rajasthan High Court has recently ruled that appeal under Section 30 of the Workmen's Compensation Act, 1923 is not maintainable in absence of framing any substantial question of law. Justice Anoop Kumar Dhand, while dismissing the appeal, observed, "I do not find any ground to call for any interference on the factual findings recorded by the learned Commissioner. Since no...

Unregistered Agreement Can't Be Enforced Under Employees Compensation Act To Seek Higher Compensation: Bombay High Court

An unregistered agreement between an employer and employee cannot be enforced to seek more compensation than what is already prescribed for cases of disability under the Employees Compensation Act 1923 (ECA), the Bombay High Court held. "Section 29 thus reinforces the principle that compensation is required to be paid in accordance with provisions of the Act, 1923, save and except in...

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench

The Calcutta High Court on Thursday referred to a larger bench the legal issue as to whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) at the behest of a juvenile is maintainable. A Bench comprising Justice Arijit Banerjee and Justice Bivas Pattanayak was adjudicating upon an application for anticipatory bail sought by four minors accused...