Plea In Calcutta High Court Seeks Disqualification Of Ashok Kumar Deb As MLA For Holding 'Office-of-Profit' Of Bar Council Chairperson

A writ petition has been filed before the Calcutta High Court seeking the disqualification of Trinamool Congress Member of Legislative Assembly (MLA) Ashok Kumar Deb who also happens to be the current Chairman of the West Bengal Bar Council. In the 2021 West Bengal Assembly Elections, Ashok Kumar Deb had contested elections from the Budge Budge constituency and had subsequently secured a...

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court

The Supreme Court held that while rejecting a plaint under Order 7 Rule 11(d) of Code of Civil Procedure, the Court cannot grant liberty to the plaintiff to amend the plaint.The proviso to Rule 11 covers the cases falling within the ambit of clauses (b) and (c) and has no application to a rejection of a plaint under Order 7 Rule 11(d), the bench comprising Justices DY Chandrachud and MR...

Future Retail's Appeal Against Emergency Award Not Maintainable, Amazon Argues In Supreme Court

"Award delivered by the Emergency Arbitrator is valid, and Future Retail Ltd.'s interference is uncalled for", submitted Senior Advocate Gopal Subramanian, appearing for Amazon.com NV Investment Holdings LLC, to the Supreme Court in the appeal filed by Amazon pertaining to the Reliance-Future deal. A Bench headed by Justice Rohinton F. Nariman was hearing Amazon's challenge...

Undertrial Prisoner Allegedly Killed By Jail Officers In Tihar Jail: Delhi High Court Transfers Probe To CBI

The Delhi High Court on Tuesday transferred to CBI the investigation into alleged killing of an undertrial prisoner by jail officers inside the Tihar Jail, after observing that an in depth investigation into the matter is required to be conducted.Justice Mukta Gupta took note of the fact that there was no investigation made into the claim made by deceased's sister that he had made a phone call...

Bombay High Court Issues Directions For Proper Functioning Of Tree Authority In Goa

Being "extremely distressed" by the fact that the Tree Authorities in both the districts of Goa have not functioned at all since about a decade, the Bombay High Court at Goa recently issued several directions for their proper functioning.The said authorities were constituted under the Goa, Daman and Diu Preservation of Trees Act, 1984. A division bench of Justices MS Sonak and MS...

Motor Vehicles Act - Third Party Insurance Deemed To Be Transferred Along With Effective Control Over Vehicle In A Hire Agreement: Supreme Court

When a transport corporation hires a motor vehicle for use from its registered owner, the third-party insurance coverage will also be deemed to be transferred along with the vehicle, reiterated the Supreme Court in a recent decision.The person who is having the effective control and command of the vehicle will be regarded as the 'owner'. Therefore, along with the vehicle it must be deemed...

'Procedural Requirements Are The Only Safeguards Available To A Detenue': J&K High Court While Quashing Detention Order

Setting free a detenu from preventive custody, the Jammu and Kashmir High Court has held that the procedural requirements are the only safeguards available to the detenue and therefore, they must be strictly complied with.Justice Rajnesh Oswal made it clear that the Court cannot go behind the subjective satisfaction of the detaining authority and thus, procedural requirements are to...

Supreme Court Upholds A Citizen's Right To Challenge A Constitutional Amendment Affecting States' Power

When a citizen of India challenges a constitutional amendment as being procedurally infirm, it is the duty of the court to examine such challenge on merits." , the Supreme Court observed while answering the Centre's submission that there is no challenge against Constitution 97th Amendment by States.The bench comprising Justices RF Nariman, KM Joseph and BR Gavai observed that the Constitution...

Stay On Govt Order Banning Online Classes To Continue Till Resumption Of Physical Classes/ Policy Decision On Online Classes: Karnataka High Court

A division bench of the Karnataka High Court on Tuesday confirmed the interim order passed by a coordinate bench of the court on July 8, 2020, by which it had stayed the government orders issued on June 15 and June 27, 2020 to the extent they put an embargo on conducting online classes for students of LKG to Class X. Justices BV Nagarathna and Hanchate Sanjeevkumar said,"We find that...

'Effecting Of Service A Challenge': Delhi High Court Asks Labour Courts/ Tribunals To Include Details Of Workmen & Management While Passing Awards

Taking note of the fact that effecting of service on parties concerned has proved to be a challenge during the pandemic period, the Delhi High Court has issued directions to all Labour Courts, Tribunals and Authorities to include details of workmen and management while passing orders or awards in cases concerning their disputes regarding termination, suspension etc.Justice Pratibha M...

'Fundamental Right To Form Cooperative Societies', 'Article 43B': Remnants Of 97th Constitutional Amendment After Supreme Court Judgment

The Supreme Court struck down most of the provisions introduced by 97th Constitutional Amendment on the ground that the requisite ratification from states was not obtained as per Article 368(2) of the Constitution.The majority (2:1) also held that Part IXB is operative insofar as multi-State co-operative societies are concerned. But there are a couple of important provisions inserted by...

In Absence Of Demonstrated Prejudice To Accused, Omission To Record His Statement U/S 242 CrPC[J&K] Not Fatal: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has held that in the absence of any prejudice to the accused or demonstrated failure of justice, omission to record his statement under Section 242 of CrPC[J&K] cannot be held to be fatal to the validity of the trial. The provision stipulates that the particulars of the offence alleged against the accused are required to be stated to him and he would...