Practice Of Filing Representations In An Attempt To Extend Cause Of Action To Overcome Delay Should Be Discouraged: Delhi High Court

The Delhi High Court has observed that the practice of filing representations, in an attempt to extend the cause of action as a ground to overcome the delay, should be discouraged.Justice Sanjeev Narula made the observation while dismissing a petition filed by Vindhya Gurukul College against the decision taken by Northern Regional Committee of NCTE in its 266th meeting wherein it was...

"Right To Education Is A Fundamental Right": Court Allows Murder Accused To Appear In NLU-Delhi Entrance Exam

Observing that right to get education is a fundamental right, a Delhi Court has allowed a murder accused to appear in the All India Law Entrance Test, 2022 conducted by National Law University, Delhi to be held on June 26.Vacation Judge Chandra Shekhar of Rouse Avenue Courts thus allowed the application filed by one Shashank Jadon seeking permission to appear in the said entrance exam,...

'Assisted Reproductive Technology Act Doesn't Apply' : Kerala HC Allows Development Of Embryo Kept Frozen By Couple For 8 Years

The Act is not intended to create difficulties for persons opting for assisted reproductive procedures, the Court added.

Court's Functioning Can't Be Brought To A Grinding Halt On Account Of Bar Association Elections: Allahabad High Court

The Allahabad High Court has observed that the work of a Court can not be brought to a grinding halt on account of the fact that the elections of a registered society are to be held.The Bench of Justice J. J. Munir further said that the Bar Association is not established to obstruct the functioning of the Court and interfere with the discharge of its sovereign functions.The case in briefThe...

All High Courts Weekly Round-Up [June 13 - June 19, 2022]

Allahabad High Court NOMINAL INDEX Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others Mokhtar Ansari v. State of U.P Prabhakar Pandey Vs. State Of U.P. And Others Anoop Kumar Singh And Another Vs. State Of U P And 2 Others Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu....

NEP Not Backed By Statute, State Not Obligated To Implement It: TN Govt Tells Madras High Court

The Tamil Nadu government has told the Madras High Court that the National Education Policy does not have any statutory backing and hence, there is no statutory obligation on the state to implement the same.The development comes in a counter affidavit filed by the Joint Secretary to Government, Higher Education Department in response to a plea filed by one Arjunan Elayaraja seeking...

Punjab & Haryana High Court Weekly Roundup: June 13 - June 19, 2022

Nominal Index [2022 LiveLaw (PH) 142 - 2022 LiveLaw (PH) 156]Raj Kumar v. State of Haryana and Others 2022 LiveLaw (PH) 142 National Highway Authority of India v. Competent Authority, Land Acquisition-cum-District Revenue Officer, Ludhiana and others, with connected matters 2022 LiveLaw (PH) 143 Ashok Kumar Versus State of Haryana 2022 LiveLaw (PH) 144 DHANPREET SINGH AND ANR V. STATE...

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court

The Kerala High Court has held that a delinquent's right to receive the enquiry report is considered an essential part of a reasonable opportunity to be extended to them and a refusal to furnish the report amounts to a denial of their right to defend themselves in the disciplinary proceedings. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P also held that...

S 171 Contract Act - Bank Can't Retain Title Documents After Repayment Of Loan Citing Pendency Of Another Loan : Bombay High Court

A bank cannot retain title documents of a borrower's house after repayment of a loan, citing general lien on documents, merely because of pendency of another loan, the Bombay High Court has held. The bench partly-allowed a borrower's writ petition and directed Union Bank of India to handover title documents of his flat despite recovery proceedings, for another unpaid loan by...

Award Holder U/S 36 Of Arbitration Act Entitled To Be Secured Of Entire Award Value: Calcutta High Court

The Calcutta High Court on Wednesday observed that an award holder has the statutory safeguard under Section 36 of the Arbitration and Conciliation Act, 1996 (Act) to secure the entire arbitral award amount even during the pendency of an application for setting aside of the award and that such a security must be real and not illusionary or insignificant.Justice Shekhar B. Saraf was...

Accused Being Harassed By Investigating Officer In A Bid To Purchase His Land In Tribal Belt: Gauhati High Court Orders Change Of IO

The Gauhati High Court, on Tuesday, directed the Commissioner of Police to change the investigating officer of a theft case, after the accused alleged that the present IO was acting out of personal vendetta against him due to a dispute between them over a tribal land.The petitioner had been arrested for the theft of two motorcycles which were later recovered by the police. Submitting that...

Sister Abhaya Murder Case: Kerala High Court Grants Bail To Convicts Sister Sephy, Father Kottoor With Conditions

The Kerala High Court on Thursday allowed the applications filed by convicts Sister Sephy and Father Thomas Kottoor seeking suspension of the life sentence imposed on them in the sensational Sister Abhaya murder case.A Division Bench of Justice K Vinod Chandran and Justice C. Jayachandran thereby granted bail to the convicts with the condition to execute bonds of Rs. 5 lakh each and two...