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...

Kerala Town & Country Planning Act | Interim Development Order Prevails Over Old Master Plan If New Plan Hasn't Been Sanctioned Yet: Kerala High Court

The Kerala High Court has ruled that an Interim Development Order (IDO) issued under Section 63 of the Kerala Town and Country Planning Act, 2016 will prevail over the previous Master Plan of a city even if a new Master Plan has not been sanctioned yet. Justice T.R. Ravi ruled that although Section 36 says that the older Master Plan shall continue to be in operation until the new one...

Rape On False Promise To Marry- Married, Educated Woman Supposed To Be Well Aware Of Consequences Of Sexual Intercourse Prior To Marriage: Rajasthan HC

In a case pertaining to rape on account of false promise to marriage, the Rajasthan High Court, Jaipur observed that married educated women, depending upon the facts of each case, is supposed to be well aware of the consequences of having sexual intercourse with a man prior to solemnizing of the marriage. The court opined that the consent of a woman under Section 375 of IPC can be...

Supreme Court Upholds Delhi High Court's Order Dismissing Plea Challenging Rotation Of Wards For Reserved Categories In Upcoming Municipal Polls

The Supreme Court on Friday dismissed the Special Leave Petition filed by Manoj Kumar Jha challenging Delhi High Court's order of dismissing plea challenging notification issued by the State Election Commission changing the seats reserved in some wards under the General and Scheduled Caste category, for the upcoming municipal elections on the basis of descending order of percentage...

Initiation of CIRP Not Mandatory For Maintainability Of An Application Against Personal Guarantors U/S 95, IBC: NCLT, Kochi

The NCLT, Kochi Bench comprising of Shyam Babu Gautam, Technical Member and Ashok Kumar Borah, Judicial Member in the case of E. Iqbal v. State Bank of India held that when an application for initiation of CIRP is pending before the NCLT, initiation of CIRP against the Corporate Debtor is not a prerequisite for maintainability of an application u/s 95, IBC filed for initiating IRP...

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court

The Delhi High Court has observed that mere vague belief that the accused may thwart the investigation cannot be a ground to prolong the incarceration of the accused.Justice Subramonium Prasad added that if there is no apprehension of interference in administration of justice in a criminal trial by an accused, then the Court should be circumspect while considering depriving the accused of...

Mutation Of A Property In The Revenue Records Does Not Create Or Extinguish Title Nor Its Presumptive Value On Title: Telangana High Court

The Court also held that when there are concurrent findings from both courts in a well-reasoned order, the second appeal is not maintainable without any substantial question of law.

Mumbai Sessions Court Stays Summons To WB CM Mamata Banerjee In Case Alleging Insult To National Anthem

The Sessions Court of Greater Bombay at Mumbai stayed the operation of a summons issued by the a Metropolitan Magistrate Court at Sewree against the Chief Minister of West Bengal Mamata Banerjee in a case of alleged disrespect and insult to the Indian National Anthem during an official visit to Mumbai in December 2021. On an application under Section 156(3) of the CrPC made...

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. The division bench of Justice Sheel Nagu and Justice D.D. Bansal was essentially dealing with a...

Delhi High Court Excludes Time Spent Prosecuting Tax Appeal Before An Authority Without Jurisdiction, Rules Revision Petition Not Time Barred

A Bench of Delhi High Court, consisting of Justices Manmohan and Navin Chawla, excluded the time spent in prosecuting a tax appeal before an authority devoid of jurisdiction in computing the limitation period for filing a revision petition under the Income Tax Act, 1961. The Assessee filed a writ petition before the Delhi High Court challenging the order passed by the Commissioner...