Medical College Managements Have Right To Fill Up Vacant Seats In Respective Courses De Hors Sponsorship By Selection Committee: Madras High Court

The Madras High Court recently upheld the right of the college management to fill up the vacant seats in the respective courses. Justice GR Swaminathan made the observation in a plea challenging the impugned orders of Tamil Nadu Dr. M.G.R. Medical University against admissions made by the management of the colleges. The writ petitioners are colleges imparting education in Indian Medicine and...

Inclusion/ Exclusion Of Name In Voters' List Not An Extraordinary Circumstance Warranting Interference U/Art 226 Constitution: Gujarat HC Reiterates

The Gujarat High court has reiterated that removal of a person's name from the voters' list is not an "extraordinary circumstance" warranting invocation of High Court's extraordinary jurisdiction under Article 226 of the Constitution. It held that a person aggrieved must avail statutory remedy by filing election petition under Rule 28.A Bench comprising Justice Biren Vaishnav and Justice...

Madras High Court Constitutes Full Bench To Decide Upon High Court's Jurisdiction To Hear Child Custody Matters On Original Side

The Chief Justice of Madras High Court Munishwar Nath Bhandari has constituted a full bench comprising five judges of the Madras High Court to hear the question pertaining to the High Court's jurisdiction on the original side to make decisions on child custody and guardianship cases, owing to the advent of the Family Courts Act, 1984.The five judges who are part of the full bench are Justice...

Appointment On 'Humanitarian Ground' In Absence Of Any Law To That Effect Can't Be Justified By Any Document: Jharkhand High Court

The Jharkhand High Court has recently held that to justify a 'humanitarian appointment,' one only needs to show the provision of law which allows such an appointment; and no other document of law can justify the same in the absence of the power to do so. Justice Anubha Rawat Choudhary placed no merit in the petitioner's argument that he could not place his best defence as he was not given...

Nine New Judges Take Oath In Delhi High Court, Working Strength Rises To 44

Nine new judges took oath as Delhi High Court judges on Wednesday, May 18th, taking it's working strength to 44.Acting Chief Justice Vipin Sanghi administered the oath to the newly appointed Judges. The new Judges (in the order of seniority) are:- Ms. Tara Vitasta Ganju- Smt. Mini Pushkarna- Mr. Vikas Mahajan- Mr. Tushar Rao Gedela- Smt. Manmeet Pritam Singh Arora- Mr. Sachin Datta- Mr....

Kerala High Court Permits Party To Be Assisted By Engineer Of Her Choice During Technical Expert Committee's Inspection Of Damage To Her Property

The Kerala High Court in an unusual move permitted an appellant to be assisted by an engineer of her choice while the statutorily appointed Municipal Level Technical Expert Committee inspects the damage caused to her property by the ongoing construction of the party respondents. A Division Bench comprising Justice Devan Ramachandran and Justice P.G. Ajithkumar however made it clear that...

Jurisdiction Of Senior Citizens Maintenance Tribunal Can't Be Invoked When Complainant Woman Is Aged Below 58 Yrs: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a challenge to the order of the Additional District Magistrate passed in response to a maintenance petition filed by a woman claiming to be a senior citizen under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, held that the Maintenance Tribunal could not have invoked its jurisdiction for the reason that the age of...

S.100 CPC | "Substantial Question Of Law" Is One That Impacts Decision In The Lis Between Parties: Gauhati High Court Explains Scope Of Second Appeal

The Gauhati High Court recently held that a Second Appeal would lie in cases that involve a substantial question of law and explained that the word 'substantial' prefixed to 'question of law' does not refer to the stakes involved in the case, nor is it intended to refer only to questions of law of general importance, but refers to the impact or effect of the question of law on the decision in...

S.138 NI Act | Dishonored Cheque Must Have Been Issued By Account Holder Under His Name & Sign For An Offence To Be Made Out: Meghalaya High Court

The Meghalaya High Court has reiterated that for an offence under Section 138 of the Negotiable Instruments, Act to be made out, the dishonoured cheque must have been issued by the account holder under his name and signature. Justice W. Diengdoh noted that only the holder of the account on which the cheque is drawn could be made liable and such culpability cannot be extended to others except...

Inconvenience Of Husband's Power Of Attorney Holder Not A Ground To Deny Transfer Sought For By Wife: Kerala High Court

The Kerala High Court has established that the inconvenience of the power of attorney holder of the husband in a case before the Family Court (whether male or female) is not a reason to deny the transfer sought for by the wife.Justice A. Badharudeen found that by appointing a power of attorney, a principal appoints an agent to conduct his case and such an agent can be anybody capable...

Freedom Of Religion Also Extends To Rites And Ceremonies Associated With A Religion: Madras High Court

The Madras High Court recently observed that rituals and observations prescribed under a religion that form an integral part of that religion are also covered under the freedom of religion enshrined under Article 25(1) of the Constitution. This right of worship guaranteed under the Constitution must be respected by all concerned and devotees cannot be denied their right of worship...

Joint Auction Under IBC And SARFAESI Is Permissible: NCLAT

National Company Law Appellate Tribunal (NCLAT) Principal Bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Ayan Mallick versus Pratime Bayal upheld the Order of NCLT, Kolkata wherein NCLT held that a joint auction under the provision of Insolvency and Bankruptcy Code, 2016 (IBC/Code) and SARFAESI, 2002 is permissible in order to maximise the value of...