News Updates
Once Declared Citizen, Same Person Can't Be Declared Foreigner As Res Judicata Principle Applicable To Foreigners Tribunals' Proceedings: Gauhati HC
Relying upon the Apex Court's Judgment in the case of Abdul Kuddus V. Union of India [(2019) 6 SCC 604], the Gauhati High Court has observed that the opinion of the Foreigners Tribunal regarding the citizenship of a person would operate as res judicata.Here it may be noted that Res judicata is a principle of law that states that once a final decision has been given by a competent court on...
Election Petitioner Seeking Recounting Of Votes Must Provide Material Justifying Such A Direction: Chhattisgarh High Court
The Chhattisgarh High Court recently set aside an order of an Election Tribunal whereby re-counting of votes in an election to the post of Sarpanch was ordered and the initial election result was interfered with.Allowing the appeal preferred by the candidate who was initially declared successful but was later removed from the said post owing to the Tribunal's order, a bench of Justice...
Wife Leaving Matrimonial House Not Ground To Deny Maintenance If She Moved Out Due To Ill-Treatment By Husband: Karnataka High Court
The Karnataka High Court recently observed that if a wife moves out of the matrimonial house due to ill-treatment meted out by husband, he cannot claim that she moved out by mutual consent and thus he is not liable to pay maintenance amount. A single judge bench of Justice M Nagaprasanna made the observation while dismissing a petition filed by one Satish N questioning...
Insider Trading Case: SAT Lifts Restrictions Imposed By SEBI On Infosys Employees
The Securities Appellate Tribunal (SAT), Mumbai consisting of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) has lifted the restrictions on buying, selling, or dealing in securities imposed by the Securities and Exchange Board of India (SEBI) for alleged insider trading by lawyer and finance professional of Infosys.The SEBI conducted an examination...
PIL Filed In Calcutta High Court Seeking Joint Probe By CBI & ED Into Alleged Irregularities In TET 2014
A Public Interest Litigation (PIL) petition had been filed in the Calcutta High Court on Wednesday seeking a joint probe by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) into the alleged irregularities in the 2014 Teacher Eligibility Test (TET) in West Bengal.TET 2014 was conducted on October 11, 2015, with over 2.3 million candidates. Several TET 2014 candidates...
'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case...
Article 14 Does Not Envisage Negative Equality, Wrong Decisions Made In Earlier Cases Can't Be Perpetuated: Chhattisgarh High Court
Chhattisgarh High Court recently dismissed a petition filed by an agriculture teacher seeking study leave at par with earlier persons holding the post, while observing that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases.The Bench noted that study leave could not be granted in view of Chhattisgarh...
High Court Directs Karnataka Examination Authority To Permit OCI Students To Appear In Exams & Counselling On Par With Indian Students
The Karnataka High Court has directed the state government to permit Overseas Citizens of Indian (OCI) students to appear in the examination and participate in the counseling process to be conducted by the Karnataka Examination Authority, on par with the Indian students. A vacation bench of Justice R Devdas and Justice K S Hemalekha said, "The petitioners shall be permitted to...
Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC
The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the criminal proceedings does...
Hanskhali Gangrape & Murder: PIL Filed In Calcutta High Court Seeking ₹1 Crore Compensation For Victim's Kin
A Public Interest Litigation petition has been filed in the Calcutta High Court on Thursday seeking compensation to the tune of Rs 1 crore for the family members of the minor victim in the Hanshkhali gangrape and murder case which is currently being probed by the Central Bureau of Investigation (CBI). According to reports, a 14-year-old girl belonging to the scheduled caste community died...
Organ Transplant: Bombay High Court Directs Hospital To Decide In Two Days Minor's Request To Donate Liver To Her Ailing Father
The Bombay High Court has directed the Global Hospital authorization committee to decide on the representation made by a 16 years old minor girl, seeking permission to donate a part of her liver to her ailing father, who is critical and requires an urgent transplant. A division bench of Justice Revati Mohite Dere and Justice Madhav Jamdar directed that the hospital to accept her forms...
'Every Wrong Has Remedy': Chhattisgarh HC Exercises Supervisory Jurisdiction, Grants Interim Custody Of Vehicle Transporting Illicit Liquor To Owner
The Chhattisgarh High Court recently made it clear that even though interim orders passed during confiscation proceedings under the State Excise Act, 1915, are not appellable, the High Court in exercise of its power vested in it under Article 227 can always test the propriety or legality of such orders.Section 47-B of the Act provides for appeal against the order of confiscation. Therefore,...