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Panch Witness Not Authorized U/S 42 Of NDPS Act To Effect Search & Seizure: Mumbai Special Court
The alleged seizure of four ecstasy pills from Nupur Sajita, a guest on the Cordelia Cruise, is prima facie illegal, the special NDPS Court observed in its detailed order granting her bail. Special NDPS Judge VV Patil noted that on October 2, instead of an authorized officer (under Section 42 of the NDPS Act) searching Satija's room, female panch witness conducted search and...
Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court
The Madhya Pradesh High Court (Gwalior Bench) on Friday ruled that for the purpose of the exercise of the power under Section 10 of the Code of Civil Procedure (to stay a second suit), an application is not required to be filed before the Court and the Court can, on its own, stay the second suit.The Bench of Justice Rajendra Kumar (Verma) further observed that a court has inherent power...
After Supreme Court Expresses Concerns About Children Amid Pollution, Delhi Govt Decides To Close Schools For A Week
Expressing serious concern towards the probable effect of Delhi's present air pollution crisis on the health of school going children, the Supreme Court on Saturday asked the Delhi Government what steps have been taken in that regard.Addressing Senior Advocate Rahul Mehra appearing for Delhi Government, a bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice ...
Sec 40 RERA - Homebuyers Entitled To Recover Amount Invested Along With Interest As Land Revenue Arrears From Builder : Supreme Court
The Supreme Court in its judgment delivered on Thursday (11th November) had, inter alia, held that the amount invested by the allottees, which is often their life savings, along with the interest thereon as quantified by the regulatory authority or the adjudicating officer can be recovered as arrears of land revenue by them from the builders, under Section 40(1) of the Real...
No Permission Required To Advertise Ayurvedic Treatment; Kerala High Court Suggests Bringing New Legislation To Regulate Such Ads
The Kerala High Court recently ruled that no permission was required to advertise ayurvedic treatment and facilities of an institution, as long as they were not advertising any drug.However, the Bench clarified that this order should not be treated as a blanket order to publish advertisements about treatment.Justice P.V. Kunhikrishnan also directed the State to issue a circular to...
Supreme Court Raps Manipur Govt For Not Inviting Fresh Tenders To Transport Grains From FCI Depot To Child Development Project Officers
The Supreme Court on Friday deprecated State of Manipur for lethargy and negligence on the State and Social Welfare Department ("Department") part for not issuing the fresh tender process and Notice Inviting Tenders ("NIT") after 2018 for transporting rice and other micronutrients from Food Corporation of India's depots in the State to offices of Child Development Project...
Employer Can Terminate Service In The Event Of Suppressing Or On Submitting False Information By The Employee: Supreme Court
The Supreme Court reiterated that in the event of any suppression or on submitting false information, it is always open for the employer to cancel the candidature or terminate service of the employee/candidate.In the year 1994, the appellant in this case was selected and appointed as Sub-Inspector in Delhi Police Service. His services were terminated on the ground that that he was a deserter...
Court Can't Evaluate Evidence While Deciding Application For Revocation Of Leave Granted Under Clause 12 Of Letters Patent: Madras High Court
The Madras High Court has iterated that while considering an application for revocation of leave granted under Clause 12 of the Letters Patent, the Court cannot consider the evidence on record or decide the issue of jurisdiction.Justice R Subramanian ruled that scope of enquiry in an application for revocation of leave is very limited, inasmuch as the Court has to take the allegations...
'I Learnt English In 8th Standard, Studied In Telugu Medium School' : CJI Ramana
The hearing of the matter relating to Delhi pollution crisis on Saturday witnessed an interesting exchange between the Chief Justice of India NV Ramana and Solicitor General Tushar Mehta as to how both of them have not received most part of their education from English medium.The exchange happened after Solicitor General Tushar Mehta sought to apologize for a misunderstanding created by...
'Legal Loopholes Allow Offenders To Slip Away Unscathed': Delhi High Court On Maintenance Dispute Between Couple Having Living Spouses
Dealing with a peculiar maintenance dispute arising between a married couple having living first spouses, the Delhi High Court recently expressed it's sympathy with the position of the woman observing that the legal loopholes allow offending parties to slip away unscathed.The husband had approached the Court under Section 125 of Cr.P.C. challenging a Family Court order wherein a maintenance...
Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court
The Supreme Court observed that, in attempt to murder cases (Section 307 of the Indian Penal Code), the intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused.The Court observed thus while dismissing appeal filed by accused whose conviction under Section 307 read with Section 34 of the IPC was upheld by the High Court...