Powers Under Section 482 CrPC Must Be Used Sparingly In Rarest Of Rare Cases: Gauhati High Court Reiterates

The Gauhati High Court recently observed that the powers of the High Court under Section 482 of CrPC need to be used sparingly and in rarest of rare cases while dealing with a petition seeking quashing of FIR. The observation came from Justice Sanjay Kumar Medhi: "The overall reading of the aforesaid case of Bhajan Lal (Supra), would lead to the conclusion that the power to quash is...

"Rare & Exceptional Case": Orissa HC Orders 'Re-valuation' Of Two Answers Of Candidate In Direct District Judge Recruitment Exam

The Orissa High Court has ordered 're-valuation' of two answers given by a candidate who appeared in the examination for direct recruitment in the cadre of District Judge from the Bar. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik held that the wide power under Article 226 may continue to be available even though there is no provision for...

National Company Law Appellate Tribunal Gets Five More Judges

The NCLAT has been facing a severe shortage of Judges . By appointing five new Judges ,the Judges strength has gone up from seven to twelve. The new five Judges are now appointed by Notification dated 12.05.2022. As per the Notification ,Two former High Court Judges and one sitting Judge are appointed as Judicial Members . Two Former bureaucrats from All India Services have been appointed...

Supreme Court Allows Woman To Retain Plot Allotted Under UP Organised Development Scheme On Compensating Defaulted Instalments

The Supreme Court, on Thursday, quashed cancellation of allotment order passed by the State of Uttar Pradesh for a plot in Organised Development Scheme, Phase III, Pilkhuwa District - Ghaziabad, Uttar Pradesh allotted under the category of Middle-Income group to a lady, on the assurance that she would pay Rs. 2 lakh to compensate for the delayed payment of installments. A Bench...

Madras High Court Issues Notice In Plea Against Implementation Of Corridor 4 Of Phase II Of Chennai Metro Rail Project

The Madras High Court bench of Justice GR Swaminathan and Justice Senthilkumar Ramamoorthy on Thursday issued notice to the Government of Tamil Nadu and the Chennai Metro Rail Limited in a plea against the implementation of the Corridor 4 of Phase II of the Chennai Metro Rail Project.The petition has been filed by one G Gouthaman and two others seeking to declare eight structures - (i)Mylai...

Mumbai Court Suggests Appointing Female Security Guards Outside Public Toilets For Safety Of Women & Children Using Such Facilities

A Special Protection of Children from Sexual Offences (Pocso) court in Mumbai recommended the appointment of female security guards outside public toilets for the safety of women and children who are forced to use such facilities. Special Judge HC Shende observed thus while convicting and sentencing a sweeper to five years in jail for molesting a 7-year-old inside a public toilet. He...

Madras High Court Refuses To Stall State Decision To Supply 40,000 Tonnes Of Rice To Sri Lanka Amid Economic Crisis

The Madras High Court on Thursday refused to stay the Government's decision for procuring 40,000 tonnes of rice to be supplied to Srilankan nationals in view of the current economic crisis prevalent in the country. The bench of Justice G.R Swaminathan and Justice Senthilkumar Ramamoorthy was hearing a PIL filed by one A. Jaisankar seeking to quash the present government order for procuring...

Delhi High Court Bats For Framing Protocols At National Level For Medical Practitioners Doing Aesthetic Surgeries, Hair Transplant Procedures

The Delhi High Court has called for framing of medical protocols at national level for guidance of medical practitioners doing aesthetic surgeries and hair transplantation procedures.Justice Anoop Kumar Mendiratta directed the Centre as well as the Delhi Government to take steps for ensuring that "mushrooming Salons" carrying hair transplantation procedures under unprofessional hands...

Arrears Of Salary Due Beyond Three Years, Barred By Limitation, Cannot Be The Basis For Initiating CIRP: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, New Delhi, comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member) while adjudicating an appeal filed in Omega Laser Products B.V. v Anil Agrawal, has held that arrears of salary due beyond a period of 3 years would be barred by limitation for the purposes of initiating...

Sri Krishna Janambhumi Dispute: Allahabad High Court Directs Mathura Court To Decide 2 Pending Applications Within 4 Months

The Allahabad High Court has directed a local court in Mathura to decide two applications pending before it, filed in connection with the Sri Krishna Janambhumi Dispute, within 4 months.The Bench of Justice Salil Kumar Rai issued this order on a plea made by Bhagwan Shri Krishna Virajman And Another by observing thus:"The Civil Judge (Senior Division), Mathura is directed to decide the...

Nobody Permitted Under Law To Pursue Two Remedies Simultaneously: Jammu & Kashmir High Court Rebukes Petitioner

The High Court of Jammu and Kashmir recently reprimanded a party for challenging an order that is the subject matter of challenge in some other court. Justice Sanjeev Kumar observed: "This Court is at loss to understand as to how the petitioner could dare to challenge the same order before this court. Nobody is permitted under law to pursue two remedies simultaneously. The writ...

An Unreasoned Arbitration Award Is Against The Public Policy: Orissa High Court

The High Court of Orissa has held that an unreasoned arbitral award would be against the public policy. The Court set aside the award as the arbitrator failed to give any reasons for reaching the conclusion in the award. The Single Bench of Justice Arindam Sinha has held that an award bereft of reasons, goes against the mandate of the Act and therefore is against the public...