False Declaration About Candidate's Educational Qualification Can Be Brought Under Sec 123(4) Representation Of People Act: Delhi High Court

The Delhi High Court has held that a false declaration made by a candidate qua educational qualification can be brought within the four corners of sec. 123(4) of Representation of People Act, 1951.Sec 123(4) of the Act states "The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent,, of any statement of fact which is false,...

How Many Persons Fraudulently Getting Pension Meant For Political Prisoners Of 1975-Emergency Era: Allahabad HC Asks UP Govt Reply

The Allahabad High Court has asked the State of Uttar Pradesh to specify as to how many persons are getting pensions fraudulently by showing themselves to be detained as political prisoners during the period when national emergency was invoked in the Country (June 25, 1975, to March 21, 1977).Essentially, the Bench of Chief Justice Rajesh Bindal and Justice Piyush Agarwal was dealing with...

2021 Supreme Court Digest On Negotiable Instruments Act

1. Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque DishonourIn P Mohanraj and others v M/s Shah Brothers Ispat Ltd, the Supreme Court held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code(IBC) covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments...

17 Yr Old Muslim Girl Competent To Enter Into A Contract Of Marriage With Person Of Her Choice: P&H High Court

The Punjab And Haryana High Court on Wednesday granted protection to a Muslim Girl (17 Year Old) who married a Hindu Man (33 Year Old) while noting that she is of Marriageable Age under Muslim Personal Law. Essentially, the Bench of Justice Harnaresh Singh Gill was hearing a protection plea filed by the couple(a Hindu man and a Muslim woman) who solemnized their marriage in a Hindu temple...

If Rule Of Law Is Not Present In Any Nation Anarchy Reigns: Chief Justice NV Ramana

Speaking at an event where he was conferred with a Lifetime Achievement Award by the Rotary Club of Vijayawada Chief Justice N.V.Ramana spoke about the importance of Rule of Law in a democracy.CJI said that the Rule of Law is fundamental for democracy and urged lawyers, judges, and other members of the audience to educate people on its importance. "If Rule of Law is not present in...

Call For Digital Fellowship 2022: A Conversation With Past Digital Rights Fellows At CCG

With increasing internet penetration and the rapid increase of internet users in the country, digital rights have become a core focus within the ambit of the protection of fundamental rights. In the last few years, there have been several important judicial pronouncements stemming from digital rights litigation, whether it was the landmark Puttaswamy I judgement upholding the fundamental right to privacy in the Indian Constitution, or the more recent Anuradha Bhasin judgment which...

Real Justice Needed For The Helpless - Bombay High Court Roots For Lok Adalats To Clear Huge Backlog Of Railway Claims And Appeals

The Bombay High Court has sought constitution of Lok Adalats across various zones of the Railway Claims Tribunal (RCT) to clear the huge pendency of cases before those tribunals with a view that "Justice in real sense is imparted to helpless and hapless litigants."While passing the order on December 23, Justice Prithviraj Chavan, observed, "It is of common knowledge that most of...

Delhi High Court Rejects Suit Against Waseem Rizvi's Book 'Muhammad' For Allegedly Making Incendiary Statements Against Islam & Prophet Mohammed

The Delhi High Court has rejected a suit filed against Syed Waseem Rizvi's Book 'Muhammad' alleging that it contained various demeaning and incendiary statements about Islam, Holy Quran and Prophet Mohammed. Justice Sanjeev Narula dismissed the suit filed by Qamar Hasnain which had sought permanent injunction restraining Rizvi from making statements or publishing the impugned remarks. It...

2021-The Year in Review: Judicial Appointments and Transfers

One of the highlights of the year for the Judiciary as an institution has been the recommendation of 9 judges to the Supreme Court of India. The Supreme Court Collegium recommendation, coming in after a year and a half, paved the way for the elevation of 9 high court judges and practicing lawyers as judges of the Apex Court. Apart from the record-high number of recommendations- the highest so...

AP (Telangana Area) Tenancy and Agricultural Lands Act- After Grant Of Ownership Certificate In Terms Of Section 38­E Protected Tenants Are Deemed To Be Owners: SC

The Supreme Court recently upheld the view taken by the Telangana High Court in which the High Court had observed that after the grant of ownership certificate in terms of Section 38­E of the Tenancy Act, the protected tenants are deemed to be owners.It was also observed that once the protected tenants were deemed to be owners, there could not be any occupancy rights certificate as...

Kidnapping And Rape Or Love Marriage: Supreme Court Summons Parties To Find A Positive Solution

In case of where a 'husband' charged with offence of kidnapping and rape against his 'wife' by the wife's family, the Supreme Court on Thursday observed that the only thing being canvassed before the Court is that the husband had some pre-marital love affairs, which can hardly be a case under Section 376, IPC. A Bench comprising Justice SK Kaul and Justice MM Sundresh made the observations in...

Delhi High Court Calls For Uniform Practice To Be Followed By Labour Courts For Deciding Inquiry Related Issue As Preliminary Issue

The Delhi High Court has called for a uniform practice to be followed by the Labour Courts in respect of deciding the inquiry related issue as a preliminary issue.Justice Pratibha M Singh was of the view that the normal procedure which ought to be adopted by Labour Courts is to first decide the validity of the domestic inquiry as a preliminary issue. The Court added that in case the the...