Order 39 Rule 1 CPC: Can A Defendant Seek Injunction In A Suit Filed By Plaintiff? SC Issues Notice

Can a defendant in a suit seek injunction under Order XXXIX of the Code of Civil Procedure, the Supreme Court has issued notice in a special leave petition which raised this issue.In this case, the plaintiffs, who approached the Apex Court, contended that in view of Order XXXIX Rule 1(c) CPC, a defendant cannot.Their appeals against a Trial Court order which allowed the injunction...

Revenue Authorities Have No Jurisdiction To Determine Genuineness Of Will : MP High Court

The Gwalior Bench of Madhya Pradesh High Court has held that that a revenue authority does not have the power to determine the validity of a will while considering an application for mutation. Referring to an earlier judgment in Kusum Bai & Anr v. Ummedi Bai (2021), Justice Vishal Mishra held that it is for the civil court to adjudicate the validity of a Will as per Section 63 of...

Kerala High Court Quashes Order Removing Joint Registrar of Central University of Kerala From Service

The Kerala High Court recently quashed all charges levelled against the Joint Registrar of the Central University of Kerala removing him from service and held that all these charges were hit by the principle of no evidence. A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P thereby directed the University to clear all the consequential benefits, arrears of salary...

"Some Want Courts To Open, Others Do Not": Supreme Court On Plea Seeking Declaration Of VC Hearing As Fundamental Right

The Supreme Court's Chief Justice led Bench today observed that the Bar is presently divided on the issue of continuation of virtual court hearing of cases and that the lawyers have expressed different point of views regarding the decision of the courts to revert to the physical hearing of the cases. The Bench of Chief Justice of India NV Ramana and Justice Surya Kant observed thus when...

Mukul Roy's Appointment As PAC Chairman Breaches Constitutional Convention : BJP MLA Ambika Roy Argues Before Calcutta HC

The Calcutta High Court on Tuesday heard extensive arguments from Senior Advocate C.S Vaidyanathan appearing on behalf of BJP MLA Ambika Roy in the plea moved by her challenging the appointment of TMC MLA Mukul Roy as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly. On July 9, Mukul Roy had been appointed as the Chairman of PAC by the Speaker of...

Reduction In Minimum Drinking Age Has No Connection With Drunken Driving: Delhi Govt Argues Before High Court

The Delhi Government today argued before the High Court that its decision to reduce the minimum age for consuming liquor in the national capital has no connection with the offence of drunken driving."Drunken driving is not permissible in law. So whether the minimum age is 21 or 25, it doesn't matter," Senior Advocate Rahul Mehra said.A Bench of Chief Justice DN Patel and Justice Jyoti Singh...

ISRO Espionage Conspiracy Case- Former DGP Siby Mathews Granted Anticipatory Bail By Sessions Court

A Sessions Court in Kerala on Tuesday granted anticipatory bail to former DGP Siby Mathews in the ISRO espionage case.Special CBI Judge Krishna Kumar has reserved the order in the petition filed by Siby Mathews last week.This comes ten days after a group of other accused in the matter were granted anticipatory bail by the Kerala High Court. The former DGP had preferred an anticipatory...

'There Can't Be Two Matters': Delhi HC Adjourns Challenge To Rakesh Asthana's Appointment As DPC In View Of CPIL's Plea Before SC

The Delhi High Court today adjourned hearing of a plea challenging appointment of IPS Officer Rakesh Asthana as the Delhi Police Commissioner in view of the fact that a similar petition has been filed before the Supreme Court by Centre for Public Interest Litigation (CPIL).A Bench of Chief Justice DN Patel and Justice Jyoti Singh observed that to avoid duplicity of proceedings and the...

To Say 'Skin-To-Skin' Contact Is Necessary For POCSO Offence Will Mean An Abuser Wearing Gloves Getting Acquittal : Attorney General

The Attorney General for India KK Venugopal urged the Supreme Court on Tuesday to reverse the controversial judgment of the Bombay High Court which held that the offence of sexual assault under POCSO will not be attracted if there is no direct 'skin to skin' contact between the accused and the child.Terming the judgment a "dangerous and outrageous precedent", the Attorney General submitted...

'Show Some Respect To The Orders Passed By The Court': Kerala High Court Slams Centre Over Delay To Appoint KAT Chairman

The Kerala High Court on Tuesday heavily condemned the Centret's failure to comply with the Court's orders for the immediate appointment of a chairperson to the Kerala Administrative Tribunal (KAT). A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath remarked orally that the "orders of the Court should be treated with some respect.""How can an ordinary citizen respect...

Plea In Delhi High Court Seeks Prohibition On Johnson & Johnson's 'ORSL Drinks' Alleged To Be Deceptively Being Sold As 'ORS' Health Formula

A PIL has been filed before the Delhi High Court seeking to restrain the sale and distribution of Johnson & Johnson's 'ORSL' product, claiming that whereas on the face of it the product is indicative of Oral Rehydration Salts (ORS), its composition does not use the requisite ORS formula. "A question of utmost public importance is that if a Drink is purely a fruit juice based drink or...

1984 Anti-Sikh Riots : Supreme Court Asks CBI To Verify Medical Condition Of Ex-Congress Leader Sajjan Kumar In His Bail Plea

The Supreme Court today has asked CBI to verify the medical condition of ex-Congress leader Sajjan Kumar, convicted in 1984 anti-Sikh Riots case who is seeking interim bail on health grounds. The division bench of Justices SK Kaul and Hrishikesh Roy has also asked the investigation agency to file an affidavit by September 6, 2021. Citing that it was no small case, a bench of...