Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court

The Kerala High Court has ruled that a Magistrate is empowered to decide the pela of talaq raised by the husband in his wife's petition filed under the Domestic Violence Act if he disputes their marital status on that ground. Justice Kauser Edappagath thereby allowed a criminal revision petition holding that the finding of the appellate court that the Magistrate has no power to decide...

Allahabad HC Grants Pre Arrest Bail To Peace Party President For Allegedly Threatening To Kill CM Yogi Adityanath In 2016

The Allahabad High Court last week granted anticipatory bail to the National President of Peace Party, Dr. Ayub in a 2016 case registered against him for his alleged statement made at a public rally, threatening to kill the then Member Of Parliament from Gorakhpur and presently, the Chief Minister of Uttar Pradesh, Yogi Adityanath.The case against Dr. Ayub was registered at the instance of...

Can't Exercise Writ Jurisdiction To Interfere In Election Process Once It Has Commenced: Andhra Pradesh High Court

The Andhra Pradesh High Court recently did not intervene in the election process of a Bank registered under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995. The Election was alleged to be irregular and contrary to law but the Court held that it cannot stall the election process once it has commenced. Brief Facts of the Case It was the case of the petitioner that...

S.11 Arbitration & Conciliation Act | Not Necessary To Go Into Merits Of Claim/ Counter-Claim For Appointment Of Arbitrator: Delhi High Court

The Delhi High Court has observed that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, High Court is not to go into the merits of the claim or the counter-claim, if any, of the parties.Justice Sanjeev Sachdeva observed that the High Court has to examine as to whether there is an arbitration agreement between the parties and there...

Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court

The Madhya Pradesh High Court, Indore Bench recently held that a statement made by the deceased contemporaneously with the act or immediately thereafter would be admissible as dying declaration under Section 32 of the Indian Evidence Act.Further, statements made by the complainants regarding words uttered by the deceased, though hearsay, are admissible under Section 6 of the...

Engage Tribals & Local Residents Under MGNREGA To Remove Invasive Species In Western Ghats: Madras High Court Directs Centre, State

The Madras High Court on Friday directed the Union Government and the Tamil Nadu State Government to use the funds under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) for the removal of invasive species by engaging the Tribal and local community people who are living co-existence with the wild life and living in and around the Forests, Sanctuaries, and...

Allahabad High Court Monthly Digest: April 2022 [Citations 151 To 220]

NOMINAL INDEX Raj Kumar and Raj Kishore v. The State 2022 LiveLaw (AB) 151 Ram Yagya And Others v. State of U.P. 2022 LiveLaw (AB) 152 Kheem Singh Bora @ Matrey @ Prakash @ Rajan @ Vijaypahru v. State Of U.P. Thru A.T.S. Lucknow 2022 LiveLaw (AB) 153 Sandeep Mittal v. State of U.P. and Another and connected matter 2022 LiveLaw (AB) 154 M/S. Shree Ram Engineering Works...

"Protectors Became Attackers": Allahabad HC Orders Inquiry Against Cops For Allegedly Assaulting Girl Who Had Intercaste Marriage

The Allahabad High Court recently directed the S.S.P., Varanasi to inquire into an allegation made by a girl, who had an intercaste marriage, that she was assaulted by UP Police personnel. The Court has also ordered that punitive action be taken against the police personnel if allegations are found to be true.Importantly, expressing its resentment, the Bench of Justice Rahul Chaturvedi called...

'Scientific Officer' Not A 'Teacher' Within The Scope Of Madhya Pradesh Vishwavidyalaya Adhiniyam: Madhya Pradesh High Court

The High Court of Madhya Pradesh recently held that the post of Scientific Officer/Senior Technical Assistant is not covered under the definition of a 'Teacher' under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. Dismissing the writ petition, Justice Vivek Agarwal observed- In the present case, the petitioner has not brought on record any material to show that the post of...

Rajasthan High Court Bar Association, Jaipur Cancels Membership Of 2 Advocates

The High Court Bar Association of Rajasthan, Jaipur has cancelled the membership of Adv. Goverdhan Singh and Adv. Prameshwar Lal Pilania with immediate effect. The Bar Association has separately made a request to the Bar Council of Rajasthan to conduct an inquiry against the aforesaid two advocates within a period of two months and cancel the registration of the...

Allahabad High Court Weekly Round Up: April 25 To May 1, 2022

NOMINAL INDEX Umesh Yadav v. State of U.P. 2022 LiveLaw (AB) 203 U.P. Cooperative Federation Ltd v. The Employees State Insurance Corporation 2022 LiveLaw (AB) 204 Amit Kumar Jain v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 205 Namaha v. State of U.P. and others 2022 LiveLaw (AB) 206 Amit Singh v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 207 Sakshi Jaiswal v. State...

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court

Delhi High Court recently observed that revisional jurisdiction is not meant to test the waters of what might happen in the trial. The observation came from Justice Chandra Dhari Singh who also said that the revisional Court has to consider the correctness, legality or propriety of any finding inter se an order and as to the regularity of the proceedings of the...