News Updates
Rule Of 'Audi Alteram Partem' Not Mandatory Where Opportunity Of Hearing Would Make No Difference In The Outcome: J&K&L High Court
Jammu & Kashmir and Ladakh High Court recently upheld an order where a person's pension was withdrawn by way of an order without affording him an opportunity of being heard. Justice Sanjeev Kumar observed that the plea of the petitioner that he was not provided a prior opportunity of being heard is not tenable in law: "The plea of the petitioner that he was not provided a...
Specific Marks Can't Be Awarded To Students When Exams Not Conducted Due To Covid-19: Madras High Court Upholds State Board's Decision
The Madras High Court recently held that there was no illegality in the state government's decision promoting students and awarding secondary school marksheets, without awarding specific marks to each student, for the reason that the examinations could not be held due to Covid-19.The court highlighted that the same is a policy decision and does not warrant any interference from...
CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court
The Orissa High Court has held that there is 'no prohibition' to bring an application under Order 21 Rules 97, 99 and 101 even after rejection of a similar application under Order 1 Rule 10, CPC. Order 1 Rule 10 contemplates impleadment of parties.Order 21 Rules 97 empowers a decree holder to move an application in Court against resistance to possession of an immovable property. Rule 99...
Decision Of Homebuyers As A Class Is Binding On Every Homebuyer: NCLAT, Delhi
National Company Law Appellate Tribunal (NCLAT), Principal Bench New Delhi in a recent case of Sandeep Kumar Jain versus Anil Tayal held that decision taken by the homebuyers as a class is binding on every single homebuyer. The bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla was hearing the appeal filed by two homebuyers against the order of NCLT New Delhi...
Every Infraction Of Law Does Not Necessarily Affect Public Order/ Security Of State: J&K&L High Court Quashes Preventive Detention Order
The Jammu and Kashmir High Court recently set aside a detention order while differentiating between disturbance in public order and threat to security of State. The order was passed by Justice Vinod Chatterji Koul who said that an act may affect public order, but not necessarily the security of the State: "Every infraction of law must necessarily affect order, but an affecting law...
Once An Order Is Passed By Court Employers Have To Accept The Same As It Is Even If It Is Liked Or Not Liked By Them: Supreme Court
The Supreme Court has recently observed that once an order is passed by this Court or any other Court, the employers have to accept the same as it is even if it is liked or not liked by them. The bench of Justices MR Shah and BV Navarathna has also observed that the employers have to implement the order passed by the Court as they are. "Before we pass any further order...
NCLT Mumbai Grants Time To Future Retail Ltd. To File Reply In Insolvency Plea
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while hearing a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("IBC"), titled Bank of India v Future Retail Ltd., has granted time to Future Retail Ltd. for filing a reply to the petition. The next...
Telangana High Court Live Streaming Rules Approved By Chief Justice, State Govt Asked To Publish It In Official Gazette
The Telangana High Court has written to the State Government asking it to publish rules on Telangana High Court Live Streaming and Recording Of Court Proceedings in the official gazette.It was also informed to the Government that the Chief Justice of the High Court has approved the rules for Live Streaming of court proceedings and they shall be deemed to have come into effect on May 1,...
"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl
The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl had narrated her ordeal in words as well as in signs and had explained...
Proceedings U/S 145 CrPC Has To Be Discontinued If Civil Suit For Possession Or Declaration Of Title Of Same Property Is Pending: Allahabad HC
The Allahabad High Court (Lucknow Bench) has observed that where a civil suit for possession or declaration of the title in respect of the same property is pending, the proceedings under Section 145 CrPC are liable to be discontinued.The Bench of Justice Karunesh Singh Pawar also ruled that a Magistrate exercising jurisdiction under Section 145 CrPC cannot withdraw the proceedings upon...