Covid-19: Karnataka High Court Issues Notice To Centre On Senior Citizens' Plea Seeking Administration Of 'Covovax' Vaccine To Adults

The Karnataka High Court has issued notice to the Central government and other respondents on a petition filed by a senior citizen Arun Kumar Agarwal seeking directions to permit administration of the Covovax vaccine, manufactured by M/s. Serum Institute of India Pvt. Ltd to persons above the age of 18 years. A single judge bench of Justice S G Pandit issued the notice. The plea says...

[Altering Father's Name In Birth Certificate] Biological Father's Consent Not Required In Absence Of Challenge To Adoption Deed: Gujarat High Court

The Gujarat High Court recently allowed a writ seeking direction upon the Registrar of Birth and Death/Chief Officer, to delete the name of a minor's biological father's name from his birth certificate and replace it with his adoptive father's name. For this, Justice A.S. Supehia opined that neither is the consent of the biological father required to be obtained by the registrar nor is...

Nowhere It Appears That Petitioners' Request For A Personal Hearing Was Considered Or Rejected: Calcutta High Court Sets Aside GST Adjudication Order

The Calcutta High Court bench of Justice Md. Nizamuddin has held that the GST order passed without giving an opportunity of personal hearing is against the principles of natural justice. The petitioner has challenged the adjudication order passed by the Adjudicating Authority. The primary ground of challenge was that the order was passed in violation of the principle of natural justice...

Centre Makes Rules To Allow Aadhaar-Electoral Roll Linking

The Union Ministry of Law and Justice has notified rules for allowing existing voters to use their Aadhaar number to authenticate the entry in the electoral roll.The Registration of Electors (Amendment) Rules, 2022, made by the Central Government in exercise of powers under Section 28 of the Representation of the People Act, after consulting the Election Commission of India, has a...

Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court

The Punjab and Haryana High Court recently upheld a trial court's order denying anticipatory bail to an accused, solely on the ground that he had tried to mislead the Court by concealing facts regarding dismissal of his earlier plea.The bench comprising Justice Pankaj Jain observed,"The law is well settled that where a process is "ex debito justitiae" the Court would refuse to exercise...

'Human Tendency To Wait For Missing Person': Gujarat High Court Says Suit For Declaring Child Missing Since 1984 Dead Not Barred By Limitation

The Gujarat High Court has recently explained it is a human tendency to wait for the returning of a missing family member for many years and therefore, in a suit for declaration for the death of such person, it cannot be said that the suit is barred by limitation. The Appellant-Original Plaintiff had filed a suit for a declaration that his son was missing since 31.01.1984 and could not...

Gift Deed Not Effective When Possession Not Handed Over; Can Be Cancelled : Madras High Court

The Madras High Court recently upheld the cancellation of a gift deed after noting that the possession was not handed over and that the deed was not acted upon by the parties. Hence, the High Court agreed with the trial court's decree dismising a suit seeking cancellation of the gift deed. The bench of Justice AA Nakkiran agreed with the finding of the court below that the possession was...

Can't Issue Writ Of Habeas Corpus In Child Custody Matters Between Husband & Wife: Orissa High Court

The Orissa High Court has declined to issue the writ of habeas corpus in favour of a woman who claimed custody of her minor child from her husband. A Division Bench of Justices Sangam Kumar Sahoo and Murahari Sri Raman widely noted the observations made by the Apex Court in Tejaswini Gaud & Ors. v. Shekhar Jagdish Prasad Tewari & Ors., while discouraging issuance of habeas...

Kerala High Court Orders Postmortem & DNA Test Of Seafarer Found In Tunisian Waters After Family Suspects Homicide

The Kerala High Court on Friday approved the request for a post-mortem and DNA test of the Indian seafarer whose body was found in Tunisian waters after his family raised suspicions of homicide in his death. Justice V.G. Arun also suo moto impleaded the Director General of Police in the plea moved by the father of the 27-year-old seaman who went missing from his vessel. "I find the request...

Magistrate Bound To Dispose Applications U/S 12 Domestic Violence Act Within 60 Days From First Hearing Date: Karnataka High Court

The Karnataka High Court has said that an application filed under section 12 of the Protection of Women from Domestic Violence Act, 2005, should be decided by the Magistrate within two months (sixty days) from the date of its presentation. A single judge bench of Justice M Nagaprasanna, while allowing a petition filed by one Rajamma H, directed the Metropolitan Magistrate at Bangalore...

Undertrial Also Barred From Voting As Per Section 62(5) RP Act; Allowing Prisoners To Vote Doesn't Strengthen Democracy : Bombay High Court

In the order refusing relief to NCP leaders Nawab Malik and Anil Deshmukh, the Bombay High Court held that the bar under Section 62(5) of the Representation of the People Act 1951 against allowing a prisoner to vote is applicable to an undertrial as well and not just to a convict."If a full play is given to the provisions contained in section 2(d) and Section 62(5) of the RP Act 1951,...

Accused Cannot Take The Shed Of His Fundamental Rights Under Art 25 to 28 By Indulging In Violence And Riots: Delhi Court Rejects Accused's Plea In Jahangirpuri Riots Case

"No one is above law and no one can be allowed to indulge in violence and riots in the name of religion," observed a Delhi Court while rejecting a plea filed by an accused in connection with Jahangirpuri violence case, seeking extension of interim bail plea for the purpose of further education. Clashes had broken out in April in city's Jahangirpuri area during a Hanuman...