Rajasthan High Court Asks Convict Belonging To Below Poverty Line Family To Pay ₹2 Lakh Personal Bond, ₹1 Lakh Surety For 7 Day Parole

The Rajasthan High Court has recently directed the State to release a convict, belonging to Below Poverty Line (B.P.L.) family, on parole of 7 days on his furnishing a personal bond in the sum of Rs. 2,00,000/- and one sound and solvent surety in the sum of Rs. 1,00,000/-. However, the court waived the requirement of the petitioner's brother furnishing surety bond.Essentially, the petitioner...

Settled Seniority Cannot Be Unsettled After Lapse Of Several Years: Madras High Court Dismisses Inspector's Plea For Retrospective Promotion

While dismissing a Police Inspector's plea for retrospective promotion, the Madras High Court has observed that entertaining such belated claims will result in unsettling the settled position. The court reiterated that settled positions cannot be unsettled after a lapse of many years. Finding the petition to be devoid of any merits, a bench of Justice SM Subramaniam observed...

"Save Grace": Bombay High Court Urges State Not To Resist Release Of Pharmacy Student Held For Posts Against NCP Supremo Sharad Pawar

The Bombay High Court on Monday pulled up the Maharashtra government over the arrest of a 21-year-old student for defamatory posts allegedly aimed at NCP president Sharad Pawar and asked the State if it would give a "no objection" for his release. The bench of Justices SS Shinde and MN Jadhav asked the prosecutor to take instructions from the Home Department regarding the...

Smartha Brahmins Not A Religious Denomination, Madras High Court

The Madras High Court recently observed that the Smartha Brahmins were just a caste/community without any peculiarity specifically attributable to them that distinguished them from other Brahmins of the State of Tamil Nadu. Thus, they could not be identified as a religious denomination and were not entitled to benefits under Article 26 of the Constitution. Justice R Vijayakumar of...

Sessions Court Can't Quash Cognizance & Summoning Order Of Magistrate While Exercising Its Revisional Power: Allahabad High Court

In a significant observation, the Allahabad High Court has observed that while exercising the revisional power, the Sessions Court cannot quash the cognizance and summoning order passed by the Magistrate as its revisional jurisdiction is very limited.The Bench of Justice Shamim Ahmed further added that in case the Sessions Court finds any illegality, irregularity, or jurisdictional error...

"Such Munnabhais Are Detrimental To India's Future": UP Court Convicts 3 Men For Criminal Conspiracy, Impersonation In IBPS Exam

A local court in Ghaziabad last week convicted 3 men for the offences of being a party to criminal conspiracy, committing cheating by impersonation in connection with the 2014 IBPS exam impersonation fraud. While awarding them 3 years in imprisonment, the Special Judicial Magistrate (CBI) Ghaziabad Shivank Singh observed that the role of youth will determine India's future and...

Prophet Remark Row | Calcutta HC Seeks State's Response On Plea To Initiate Criminal Proceedings Against Nupur Sharma & Naveen Kumar Jindal

The Calcutta High Court on Monday sought the State government's response in a Public Interest Litigation (PIL) petition seeking initiation of criminal proceedings against suspended BJP leaders Nupur Sharma and Naveen Kumar Jindal over their derogatory remarks against Prophet Mohammad that led to an outrage in India and in Gulf countries. The plea also sought the recall of orders...

Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court

The Kerala High Court has recently held that mere reference of a party for settlement under Section 89 of the Code of Civil Procedure would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fees and Suits Valuation Act, unless it has been settled between the parties. Justice A. Badharudeen held that although settlement of disputes dealt under Section 89 of...

"He Is A Dreaded Criminal, A Canker In Society" Allahabad HC Denies Bail To Ex-MLA Mukhtar Ansari In Funds Misappropriation Case

While denying bail to former MLA Mukhtar Ansari (presently in jail) in connection with a case over misappropriation of MLA Funds fund in the year 2012-13, the Allahabad High Court on Monday called him a dreaded and 'White Collored' criminal, an interstate mafia and canker in societyThe Bench of Justice Rahul Chaturvedi also observed that Ansari is a hardened and habitual offender, who is in...

Underreporting Of Income Due To Re-Computation Of Disallowance By The AO, Does Not Amount To Misreporting Of Income: Delhi High Court

The Delhi High Court has ruled that where the underreporting of income allegedly done by the assessee is due to the re-computation of the disallowance under Section 14A of the Income Tax Act, 1961 by the Assessing Officer, it would not amount to misreporting of income. The Bench, consisting of Justices Manmohan and Manmeet Pritam Singh Arora, observed that the underreporting of income...

Plea In Allahabad High Court Challenges NOIDA Authority's Demolition Notice Declaring Constructions On Yamuna Floodplains As Illegal

A petition has been moved before the Allahabad High Court challenging a public notice issued by the NOIDA Authority on June 8 declaring that no construction is permissible in the Yamuna/Hindon flood plains area and all the constructions therein shall be liable to be demolished.In the past few days, several farmhouses/structures were demolished by the Noida Authority in its anti-encroachment...

Even In The Absence Of An Arbitration Agreement, The Matter Can Be Referred To Arbitration Under Section 18 Of The MSMED Act: Punjab And Haryana High Court

The Punjab and Haryana High Court has ruled that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitration under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). The Single Bench of Justice Lisa Gill reiterated that the MSMED Act being a Special Act shall prevail over the Arbitration...