Kerala High Court Weekly Round-Up: [2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102]

Nominal IndexCitations: 2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102Rajesh R & Ors. v. Health Inspector, Municipal Corporation of Kochi & Ors, 2022 LiveLaw (Ker) 92Mangala v. Union of India & Ors, 2022 LiveLaw (Ker) 93Dr Subramanian Swamy v. V.N. Narayanan & Ors, 2022 LiveLaw (Ker) 94Denny Varghese & Anr. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 95Dr...

Claiming Adverse Possession After Encroachment Into Public Road Not Admissible: Kerala High Court

The Court also added that powers under Article 227 cannot be exercised like a 'bull in a china shop'.

Child Born Out Of POCSO Crime A "Victim" As Defined Under Section 2(wa) CrPC : Bombay High Court

Welfare Of The Child Born Out Of Illicit Relations Of Paramount Importance – Bombay HC Reduces Life Sentence Of The Accused To 10 Years, Directs Compensation For The Child After Maternal Death

Ajit Pawar Breached 'Solemn Duty' By Not Disclosing Personal Interest In Lavasa Project : Bombay High Court

The Court however dismissed the petition challenging Lavasa Project citing long delay.

Building Collapse - Take Penal Action Against Municipal Officers Allowing Unauthorized Constructions : Bombay High Court Issues Guidelines

Alarmed and deeply pained by incidents of collapse of buildings resulting in loss of lives, the Bombay High Court issued a slew of direction in a suo motu PIL initiated in September 2020 after 38 people lost their lives in a building collapse in the satellite town of Bhiwandi outside Mumbai. Noting the "chaotic" existing pattern of mushrooming slums and illegal constructions in every...

Invalid Re-Assessment By AO Cannot Be Subject Matter Of Revision Under Section 263 Of Income Tax Act: ITAT Mumbai

The Bench of ITAT Mumbai, consisting of members Kuldip Singh (Judicial Member) and M. Balaganesh (Accountant Member), held that when an assessment framed by the Assessing Officer is invalid in law, the said invalid order cannot be the subject matter of revision under Section 263 of the Income Tax Act ,1961. The Assessing Officer (AO) had reopened assessment for the relevant years...

Personal Guarantors Of NBFC/FSC Cannot Be Proceeded Against Unless Threshold Of Rs. 500 Cr Is Satisfied: NCLT, Jaipur

The Jaipur Bench of the NCLT consisting of Deep Chandra Joshi, Judicial Member and Raghu Nayyar, Technical Member in the case of Shapoorji Pallonji Finance Private Limited v. Rekha Singh held that Personal Guarantors of Non-Banking Finance Company/ Financial Services Provider cannot be proceeded against unless the NBFC/ FSP satisfies the Rs. 500 crore threshold limit under...

Annexures, Documents Necessary Components of Plaint; Must Be Supplied In Serving Summons Under Order XXXVII Rule 3(1): Gujarat High Court

"…it is expressly provided that defendant shall be served with the plaint and the annexures of the plaint, therefore it necessary implies that all the documents which are part of the plaint as annexures are required to be supplied to the defendant while serving the summons", the Gujarat High Court has affirmed yesterday. The Bench comprising Justice N.V. Anjaria and Justice Samir J....

'Whether Railways Can Reject Candidature Over Bonafide Mistake Of Incorrect Date In Postal Order Despite It Being Issued Within Limitation?' Rajasthan HC Answers

Recently, the division bench of Rajasthan High Court, Jaipur dealt with the question of whether the candidature of the respondent can be rejected by the Department of Railways on the ground of human error/bonafide mistake alone, because the date of the Postal Order was wrongly mentioned by him in the application, despite the fact that Postal Order was issued within the period...

No Universal Rules Can Be Prescribed For Deciding A Transfer Petition: Jharkhand High Court Reiterates

The Jharkhand High Court recently transferred a case from the Court of Saraikela to Bokaro, noting that in a criminal proceeding, the trial is required to be conducted within the Court, where the jurisdiction of that Court is made out, so far as the occurrence is concerned. Justice Sanjay Kumar Dwivedi referred to the case of Abdul Nazar Madani v. State of Tamil Nadu, where it was held that...

"Delhi Wakf Board Facing Various Constraints In Functioning": High Court Seeks Delhi Govt's Response On Notifying New CEO, Grant In Aid

Noting that the Delhi Wakf Board was facing various constraints in it's functioning, the High Court recently sought response from the Delhi Government on the aspect of new CEO of the Board which was yet to be notified and also the grant in aid which was not released by the Government yet. Justice Pratibha M Singh directed the Delhi Government to file a status report and posted the matter...

SSC 'Group-D' Recruitment Scam| 'Shocking State Of Affairs': Calcutta HC Raps WBSSC, Extends Interim Order By 4 Weeks

The Calcutta High Court on Thursday came down heavily on the West Bengal Central School Service Commission (WBSSC) pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the WBSSC. In 2016, the State government...