News Updates
Prisoner Has No Fundamental Right To Conjugal Relationship As A Course; May Seek For 'Specific Purpose' Like Infertility Treatment: Madras HC
"The specific purpose may be infertility treatment or some similar reason, but it should not be construed to be a fundamental right for having conjugal relationship as a course", the larger bench clarified in the reference made by the Division bench
Non-Supply Of Findings And Opinion Of The Court Of Inquiry Would Vitiate An Order Awarding Punishment: Manipur High Court
On Friday, the Manipur High Court observed that non-supply of findings and opinion of the Court of Inquiry would vitiate a censure order. The High Court added that it is the bounden duty of the concerned authority to furnish such findings and opinion before awarding punishment. Justice M.V. Muralidaran allowed a writ petition, which assailed the censure order imposed by the officers...
NCLT Kochi Allows Initiation Of Insolvency Resolution Process Against The Personal Guarantor
The Kochi Bench of NCLT in a bench consisting of Justice Mr.Ashok Kumar Borah (Judicial Member) and Mr. Shyam Babu Gautam (Technical Member) in State Bank of India v. Sahadulla M.I. allows initiation of Insolvency Resolution Process (IRP) against the Personal Guarantor, Mr. Shahdulla M.I. (Respondent) of the Corporate Debtor, M/s. Green Gateway Leisure Limited The Applicant/ State...
Registry Can't Raise Objections On Maintainability Even If Alternative Remedy Available, High Court's Discretion To Exercise Powers Under Article 227: Madras HC
In civil revision petitions filed challenging an order passed by Coimbatore Principal District Munsiff, Madras High Court has held that the power to issue writ under Article 226 or Article 227 is subject to the court's discretion even when an alternative remedy is available. The alternative remedy in itself won't constitute a bar for the High Court to exercise its revisional powers...
No Concrete Efforts In Apprehending Absconding Accused: Patna High Court Summons Two Former SSPs
The Patna High Court recently has summoned two former Senior Superintendents of Police, Patna, to explain the absconding of the petitioner accused after being granted provisional bail to participate in the last rites of his father. Justice Satyavrat Verma has summoned former Senior Superintendent of Police Garima Malik and Shri Upendra Sharma to explain the laxity. The SSP Patna submitted...
Time Limit Of 90 Days For Written Statement Under Order VIII Rule 10 Directory, But Courts Must Use The Discretion Sparingly : Gujarat High Court
The Bench comprising Justice Ashok Kumar Joshi at the Gujarat High Court has held that the maximum limit of 90 days for filing the written statement as under Order VIII Rule 1 is directory and not mandatory in nature. However, the Courts must exercise this discretion sparingly and not in the routine course. Background The Petitioner-Defendant prayed for setting aside the orders of...
Consent Given During Prior Sexual Acts Won't Extend To Future Occasions: Punjab And Haryana High Court
Stressing that law acknowledges a woman's right to have a sexual relationship, the Punjab and Haryana High Court has recently observed that the consent given during prior sexual acts won't extend to future occasions. The Bench of Justice Vivek Puri further remarked that the withdrawal of the consent for sexual act effectively nullifies the earlier consent and therefore, forcibly...
Probationer's Performance Assessment Is The Function Of Employer,Judicial Review Not Warranted Unless It Is Arbitrary and Capricious: Delhi High Court
The assessment of work and performance of a probationer is the function of the employer and the Court should only invoke its power of Judicial Review where such action is tainted by arbitrariness and capriciousness and the courts should be wary of substituting their opinion on such questions, Delhi High Court noted. Justice Yashwant Varma, in a case pertaining to alleged...
Public Needs To Be Educated Not To Use Footpath, Dedicated Track For Other Purposes: Madhya Pradesh High Court
Noting that at some places the general public is using footpaths for the purpose of parking, putting the signing board, or for business purposes, the Madhya Pradesh High Court recently said that the public needs to be educated not to use the footpath and dedicated track for other purposes.This assertion came from the Bench of Justice Vivek Rusia and Justice Rajendra Kumar Verma which was...
"Love Or Hate China But Can't Ignore It": Gujarat HC Stays Centre's Move To Withdraw Anti-Dumping Duty On PVC Flex Films
While hearing a case challenging the withdrawal of anti-dumping duty on the imports of "PVC Flex Films" from China, the Gujarat High Court on Tuesday observed that whether we love China, whether you hate China but we can't ignore China. This observation was made by the bench of Justice J. B. Pardiwala and Justice Nisha Thakore which was hearing a petition filed by one Qrex Flex Pvt...
Mutual Consent Divorce: Gujarat HC Refuses To Waive Off 6 Months Cooling Period For Couple Who Lived Together For 12 Days
The Gujarat High Court recently upheld an order of the family court refusing to waive off the statutory 6 months cooling period in a plea by a couple seeking a mutual divorce who lived with each other for a period of 12 days only.The Bench of Justice A. C. Joshi observed that the family court rightly passed the order refusing to waive off the cooling period therefore, there was no requirement...