Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the decree.The bench comprising...

'Matter Pending Consideration Before Committee, Report To Be Furnished Within Next Few Weeks': Madras HC Defers Hearing Of Challenge To Senior Designation Rules

A public interest litigation (PIL) petition has been filed before the Madras High Court challenging the validity of Rules 4(1)(a) and 4(1)(b) of the Madras High Court Designation of Senior Advocates Rules, 2020, which stipulate a minimum age (45 years) and experience criteria for an advocate to be eligible to be designated as a Senior Advocate. A Bench comprising Chief Justice Sanjib Banerjee...

Specific Role Of Accused Not Required To Be Stated In Order Granting Prior Approval U/s 24(1)(a) KCOCA : Supreme Court

The Supreme Court observed that the specific role of the accused is not required to be stated in the order granting prior approval under Section 24(1)(a of the Karnataka Control of Organised Crimes Act, 2000.The prior approval is qua offence and not the offender as such, the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar said while setting aside the Karnataka High...

'Should Not Become An Epidemic': Tripura HC Directs State To Conduct HIV Tests In Prisons, Ensure Treatment

The Tripura High Court on Monday directed the State government as well as the Union to issue necessary guidelines to its authorities in association with the Aids Control Society in order to curb the spread of HIV virus in prisons across the State. A Bench comprising appointed Chief Justice Indrajit Mahanty and Justice Subhashish Talapatra took suo moto cognisance of this issue and...

Ready To Sit Even On Sunday To Hear Matters: Gujarat High Court's Chief Justice Aravind Kumar

The newly appointed Chief Justice of the Gujarat High Court, Justice Aravind Kumar today said that he is ready to come to Court even on a Sunday to hear the matters."We are ready to come even on Sunday," said the Chief Justice when a lawyer sought accommodation before his court and he directed the re-listing of the matter on 20th November and he was told that 20th is a Saturday.Essentially,...

Kerala High Court Dismisses E Bull Jet Vlogger's Plea Challenging Cancellation Of Registration Of His Modified Caravan

The Kerala High Court on Wednesday declined to entertain a writ petition filed by a YouTube vlogger challenging the decision of the Motor Vehicles Department to cancel his vehicle's registration for unauthorized modifications.Justice Sathish Ninan while dismissing the petition observed in the order:"On the violations alleged and noticed above, I do not find any reason to interfere with...

"Camps Illegal, Encroached On Defence Land": Centre Tells Delhi High Court In Pakistani Hindu Migrants' Plea For Electricity Connection

The Central Government has informed the Delhi High Court that Pakistani Hindu Migrants, seeking electricity connection at their camps in North Delhi, are living on the land belonging to the Defence Ministry.Stating that the migrants have encroached the Ministry's land and that their plea is misconceived, the Government seeks dismissal in-limine. It has submitted thus:"…not only the...

'Conscious Possession' Under NDPS Act: Explained

A Special NDPS Court has recently rejected the bail application of Aryan Khan by holding that even while Narcotics Control Bureau did not recover any drugs in his possession, he would not be entitled to bail as he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The Special judge observed that Khan apparently knew his friend Abaaz Merchant was...

Karnataka High Court Denies Relief To Priest Who Performed Last Rites On Dead Body Outside Church In Violation Of Covid-19 Norms

The Karnataka High Court has refused to quash the criminal case registered against a Church priest in Mysuru, for allegedly violating Covid-19 norms while performing last rites over a dead body.It is alleged that priest's action of performing last rites outside the church attracted a large gathering amid Covid induced lockdown. The counsel for the petitioner argued that there was...

Judicial Custody of Aryan Khan & 7 Others Extended Till October 30 In Cruise Ship Drug Case

The Special NDPS Court Mumbai on Thursday extended the judicial custody of Aryan Khan and seven others till October 30 in the cruise ship drug case. Extension of judicial custody is procedural, and the Bombay High Court will hear the bail applications of Khan, Mummun Dhamecha and Arbaaz Merchant on Tuesday, October 26. The trio approached the HC after the special...

'Young Advocates Are Suffering A Lot' : Senior Adv Fali S Nariman Supports Physical Functioning Of Courts

Amid the differences of opinion in the legal fraternity regarding the need to continue hybrid functioning of courts, Senior Advocate Fali S Nariman expressed his support for complete physical hearings.Speaking at an online lecture hosted by the Indian Law Institute-Kerala Unit in association with LiveLaw, Mr.Nariman said that if the health situation is conducive, courts must revert to...

Is Govt Authorized To Manage Affairs Of A Temple? Kerala High Court Asks In Sabarimala Virtual Queue Case

The Kerala High Court on Thursday questioned the State and its Police Force if they are empowered to manage the affairs of the Sabarimala temple, overriding the powers of the Travancore Devaswom Board that acts as a trustee of the deity.A division bench of Justices Anil K Narendran and P.G Ajithkumar was adjudicating upon a PIL challenging the legality of the 'Sabarimala Pilgrim...