No Relaxation In Requirements Stipulated In Recruitment Advertisement Unless Power Is Specifically Reserved: Gujarat High Court

"When a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There cannot be any relaxation in terms and conditions of the advertisement unless such a power is reserved," the Gujarat High Court held recently.The Bench comprising Justice Biren Vaishnav made this observation in a Special Civil Application filed by one Parulben...

Proceedings For 'Refund Of Advance' Civil In Nature, 'Dishonest Intention' Must Exist From Inception Of Transaction To Attract 420 IPC: Telangana HC

The Telangana High Court recently reiterated that the dispute regarding non-refund of money is of civil nature. For criminal prosecution under the offence of cheating or criminal breach of trust, it has to be proved that the accused persons had an intention to cheat/deceive the victim from the inception and accused dishonestly misappropriated the property entrusted to...

Delhi High Court Directs Twitter To Take Down Tweets Of Historian Audrey Truschke Against Vikram Sampath

The Delhi High Court on Thursday directed micro blogging site Twitter to take down some of the tweets made by historian Audrey Truschke against historian Dr. Vikram Sampath over allegations of plagiarism against him with respect to his two-volume biography of Vinayak Damodar Savarkar. Justice Amit Bansal was hearing an application filed in the suit filed by Sampath against Audrey Truschke...

Parties Would Be Put In 'Embarrassing Position' Not Ground To Dispense Departmental Inquiry: Gujarat High Court

The Gujarat High Court has recently affirmed that in dispensing with departmental inquiry, the authority must arrive at a satisfaction that it is not reasonably practicable to follow the procedure and it must record reason to show that such satisfaction is arrived at on objective facts and not on whims and caprice.Further, Justice Sangeeta Vishen observed that parties concerned will be put...

No Vicarious Liability For Criminal Offences In Absence Of Statute: Karnataka HC Quashes Defamation Case Against MP Rajeev Chandrashekhar

The Karnataka High Court has quashed the defamation proceedings against Member of Parliament, Rajeev Chandrashekhar, initiated in the year 2012, when he was the Managing Director of Suvarna News 24/7 Kannada Television Channel. A single judge bench of Justice M Nagaprasanna while allowing the quashing petition filed by Chandrashekhar said "The principle of vicarious liability is...

Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC Reiterates

"(Circumstantial) evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence," the Allahabad High Court reiterated recently.The observation was made by a division bench of Justice Vivek Kumar Birla and Justice Subhash Vidhyarthi while dismissing an appeal filed by the victim against the order of Additional Sessions Judge, Badaun,...

Magistrate Can't Use Power U/S 451/457 Cr.P.C. When Trial Or Inquiry Has Not Been Set In Motion: Meghalaya High Court

The Meghalaya High Court has held that Magistrate cannot employ his power under Sections 451/457, Cr.P.C. when trial or inquiry has not been set in motion. Sections 451 and 457 deal with an order for custody and disposal of property pending trial and procedure by police upon seizure of property respectively. While setting aside the order of the Magistrate under such Sections, the...

Delhi High Court Issues Notice On Plea Challenging Provisions Of Arbitration Act, Interest Act & 'Interest Barring' Clauses In Govt Contracts

The Delhi High Court on Wednesday issued notice on a plea challenging the constitutional validity of Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, Section 3 (a)(ii) of Interest Act, 1978 and 'interest barring' clauses engrafted in Contracts by Government Bodies and Public Sector Undertakings. A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh...

Bank Unilaterally Changing Amount Payable Under 'One Time Settlement Scheme' Contrary To Doctrine Of Legitimate Expectation: Madhya Pradesh HC

The Madhya Pradesh High Court recently held that a Bank cannot unilaterally change the quantified OTS (One Time Settlement) amount as the same would be against the principles of natural justice, and also runs contrary to the doctrine of Legitimate Expectation. The division bench of Justice Sujoy Paul and Justice D.D. Bansal was essentially dealing with a writ petition filed by...

Husband Can't Deny Maintenance U/S 125 CrPC To Second Wife When He Suppressed Subsistence Of First Marriage: Gauhati High Court

The Gauhati High Court has held that a man cannot escape his liability under Section 125, Cr.P.C. to provide maintenance to his second wife when he had suppressed the subsistence of his first marriage to her. While dismissing the application made by the husband (petitioner herein) to quash the order of maintenance passed by the lower Court, a Single Judge Bench of Justice Robin...

'Awarding 100% Marks To Every Student Defeats The Purpose Of Examination': Kerala HC Upholds State's Proposal To Alter Board Exam Pattern

The Kerala High Court on Monday refused to interfere with the State government's proposal to alter the examination pattern for State Board exam students this academic year as opposed to the last one.In the proposed examination pattern, 70% of the questions will be from the focus area and the rest 30% from the non-focus area. In addition, there will be 50% choice questions for focus area...

Allahabad HC Dismisses PIL Seeking Lucknow IGP's Transfer As Her Husband Is Contesting UP Polls From Same Area

The Allahabad High Court on Monday dismissed a Public Interest Litigation (PIL) plea seeking transfer of Laxmi Singh, the Inspector General of Police (IG), Lucknow Range on the ground that her Husband, Rajeshwar Singh [Former Joint Director ED] is a Bhartiya Janta Party (BJP) candidate from Sarojini Nagar, a constituency in the Lucknow district.Terming it as proxy litigation, the Bench of...