Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates

The Kerala High Court on Tuesday held that a mere temporary shift of residence cannot be the basis on which a matter pending before the competent jurisdiction is transferred, particularly when the petitioner's permanent residence is within the jurisdiction of the competent court. Observing so, Justice A. Badharudeen refused to entertain a transfer petition filed by a woman who had sought for...

Limitation Under Art. 68 & 91(a) Runs From 'Date Of Actual Knowledge' Of Misappropriation: Delhi High Court

The Delhi High Court has clarified that the phrase "first learns" used in the Limitation Act 1963 vide Articles 68 and 91(a) in its Schedule means "actual knowledge" of misappropriation and not merely "speculative knowledge."Limitation under Article 68 pertains to specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion. The period of limitation is...

"I Will Surrender" – BJP MLA Nitesh Rane Withdraws Bail Plea Before Bombay High Court

Sitting BJP MLA Nitesh Rane will surrender before the investigating officer in an attempt to murder case registered against him in Sindhudurg. He withdrew the bail application he filed in the Bombay High Court yesterday. Justice Sarang Kotwal disposed of the petition as withdrawn. Advocate Satish Maneshinde submitted that "in view of what has happened yesterday in Sindhudurg court,...

Karnataka High Court Directs Govt To Submit Concrete Proposal To Overcome Space Crunch, Says Bar Council Must Find Its Own Office Space

The Karnataka High Court on Wednesday directed the state government to submit a concrete proposal to solve the problem of space crunch faced in the High Court building, by February 14. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally said,"Next time if we do not find any solution we will pass a judicial order to vacate the Karnataka...

Demanding Additional Performance Security For Unbalanced Bid Is Arbitrary & Illegal: Rajasthan HC Sets Aside E-Auction Notices Of Water Department

The Rajasthan High Court has set aside e-auction notices issued by the Water Department which demanded additional performance security for unbalanced bids, as arbitrary and illegal. The court directed the respondents-state to permit the petitioners to perform the contract in accordance with law, without insisting upon additional performance security. Justice Dinesh Mehta, ruled,"A look...

BREAKING| Mumbai Court Summons WB CM Mamata Banerjee In Complaint About Insult To National Anthem

A Metropolitan Magistrates Court in Mumbai has issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem. The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that...

'Pre-Natal Diagnostic Techniques Act'- Police Can Probe Offence But Court Can Take Cognizance Only On Complaint Of Appropriate Authority: P&H HC

The Punjab and Haryana High Court has observed that an FIR regarding an offence under the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 [PCPNDT Act] can be lodged and investigation can be undertaken by the Police, however, cognizance of the offence can be taken by the Court only on the complaint made by the Appropriate Authority as per...

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court

If the offence committed is punishable with less than seven years, is a bailable, non-heinous offence and the accused who is a first-time offender, has established a fair ground for not being present in court, to the court's satisfaction, then just the fact that accused has been a proclaimed offender will not bar him/her from availing the benefit of Anticipatory Bail under S. 438 of...

Jharkhand Sessions Court Grants Bail To Two Accused Of Assaulting & Forcing A Muslim Man To Chant 'Jai Shri Ram'

Last Tuesday, a Sessions Court in Jharkhand's Dhanbad district granted bail to two men accused of assaulting a mentally ill Muslim man and forcing him to chant 'Jai Shri Ram.' It is alleged that the accused are associated with the Bhartiya Janta Party. The matter was posted before Additional Sessions Judge Shwaymbhu.In the prosecution's case, the victim, informant's elder brother, was crossing...

Petitioner Surrendered His Seat Before Last Counselling & Not Mid-Course, Institute Can't Recover Entire Course Fees: Karnataka High Court

The Karnataka High Court has said that educational institutions have only a right to recover the prescribed fee for one semester/year and not recover the entire course fees from a candidate who surrenders his seat. A division bench of Justice Alok Aradhe and Justice M G S Kamal relying on the judgments of the Supreme Court in the case of Islamic Academy Of Education & Anr. v. State...

'Taking Serious View Of The Matter': Calcutta HC Raps State For Non-Compliance Of Order Prohibiting Plying Of Unregistered E-Rickshaws

The Calcutta High Court on Monday expressed displeasure at the conduct of the State government for not complying with the Court's earlier order directing the State to ensure a ban on plying of unregistered E-rickshaws in the State. The Court vide order dated August 17, 2018 had disposed of a Public Interest Litigation (PIL) petition after directing the State government to ensure that...

Irregularity In Maintaining List Of Beneficiaries, Stocks Too Trivial, Does Not Warrant Cancellation Of Fair Price Shop License: Patna High Court

The Patna High Court recently quashed the orders of the Sub Divisional Officer and the District Magistrate in revision canceling the license of the petitioners for running a fair price shop under the Public Distribution System. Justice Anil Kumar Sinha held that the onus to prove the charges is on the allegations; however, in the present case, the respondent, instead of proving the charges...