Article 226 | Rule Of Alternative Remedy Is A Rule Of Discretion, Not Rule Of Jurisdiction: Kerala High Court

The Kerala High Court has held that merely because it may not exercise its discretion under Article 226 of the Constitution in view of availability of alternative remedy, is not a ground to hold that it has no jurisdiction.A Division Bench of Justice Suresh Kumar and Justice C.S. Sudha said that the case appears to be a classic example of the 'fence eating the crop'."The rule of...

DGFT Extends Date For Mandatory Electronic Filing Of Non-Preferential CoO Through Common Digital Platform To 1 August 2022

The Director General of Foreign Trade (DGFT) has extended the date for mandatory electronic filing of non-preferential Certificates of Origin (CoO) through a common digital platform to August 1, 2022."The transition period for mandatory filing of applications for Non- Preferential Certificate of Origin through the e-CoO Platform has been further extended till 01st August 2022," the...

Allahabad High Court Seeks UP Govt's Reply On Plea Challenging Certain Questions Asked In UP-TET 2021

The Allahabad High Court has sought the response of the Uttar Pradesh Government on a Writ Plea challenging certain questions asked in the Uttar Pradesh Teacher Eligibility Test (UPTET) 2021. Essentially, 6 petitioners who appeared in UP-TET-2021 have moved the Court by submitting that certain questions that were asked in UP-TET and were successfully challenged before the Lucknow Bench of...

MP High Court Quashes Lower Court Order Allowing Application Of Alleged Rape Victim U/S 311 CrPC To Recall Herself

The Madhya Pradesh High Court recently set aside the order of the trial court allowing the application moved by the Prosecutrix in a rape case to recall herself as a witness. The Court held that the impugned order of the lower court was passed by accepting the averments of the Prosecutrix as 'gospel truth', without carrying out any enquiry regarding the same. Justice Atul Sreedharan...

No Adverse Inference U/S 114 Indian Evidence Act If Prosecution Fails To Prove Presence Of Accused At Murder Scene: Karnataka High Court

The Karnataka High Court has said that if the prosecution fails to prove the presence of the accused at the place of occurence of offence, it is not appropriate to draw adverse inference as per Section 114 of the Indian Evidence Act and Court cannot invoke Section 106 of the Act to ask the accused to disclose reasons for the offence. A division bench of Justice B Veerappa and Justice...

Son Not Expected To Brand His Father As 'Swindler': Bombay High Court Upholds Eviction From Self-Acquired House Of Elderly Parents

The Bombay High Court recently evicted a son from the self acquired house of his parents and held that a son cannot claim that his parents have lost mental balance. Justice Rohit Deo observed that, "In the conservative Indian society, a son is not expected to brand his aged father a 'swindler' or then allege that the aged parents have lost mental balance. The allegations that the...

While Framing Charges Court Is Required To Presume That Material Produced By Prosecution Is True: Allahabad High Court

The Allahabad High Court has observed that at the time of framing of charge, the Court is required to proceed on the presumption that the material produced by the prosecution is true. At that stage, the Court is not expected to go deep into the matter and hold that the material produced does not warrant a conviction, noted the Bench of Justice Shekhar Kumar Yadav.The case in brief The High...

Nawab Malik Seeks Temporary Medical Bail In Money Laundering Case

NCP leader and Maharashtra Cabinet Minister Nawab Malik has sought temporary medical bail in the money laundering case alleging his "involvement in terror funding" based on a 1999- 2005 land deal concerning Dawood Ibrahim's sister. Special Judge R N Rokade is likely to hear the plea on Monday. Malik (62) had earlier told the court that he was unwell due to kidney ailments and...

Levy Of GST On Mining Royalty And Allied Charges: Jharkhand High Court Grants Interim Protection

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has granted interim protection on the levy of GST on mining royalty and allied charges.More than 10 writ petitions were filed challenging the show cause notices issued by the department directing them to furnish data relating to the payment of royalty against licencing services for the right to...

Clerical/Procedural Mistake In Verification Of Pleadings Can Be Rectified Under Order VI Rule 17 CPC: Allahabad High Court

The Allahabad High Court has observed that a clerical/procedural mistake that has occurred in the verification of pleadings can be rectified by moving the application under Order VI Rule 17 CPC by the plaintiff.The Bench of Justice Rohit Ranjan Agarwal observed that the very purpose of Rule 17 in Order VI CPC is to give liberty to a party in a suit to amend his pleading at any stage in...

"Arrogant, Incomprehensible Conduct": Bombay High Court Judge Bars Lawyer From Appearing Before His Bench In Any Matter

Justice GS Kulkarni of the Bombay High Court has directed a lawyer not to appear in any matter before him following the advocate's "incomprehensible" and "most arrogant" conduct in a clutch of applications pertaining to an arbitration dispute. The court stopped short of initiating contempt proceedings against advocate Premlal Krishnan considering his career, following a...

Prescription Of Qualification For Recruitment Outside Domain Of Judicial Review Unless Affected By Manifest Arbitrariness: Karnataka High Court

The Karnataka High Court has dismissed a petition filed questioning government notification by which it amended the Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 and excluded subjects namely Psychology and Journalism at the graduate level as the minimum qualification for recruitment to the post of graduate primary teacher. A...