News Updates
No Appointments Or Transfers To IAS Cadre Posts Without Civil Services Board Recommendation: CAT To Kerala Govt In Interim Order
The Central Administrative Tribunal, Ernakulam Bench passed an Interim Order refraining the Kerala State Government from issuing orders of appointment, transfers and postings to IAS officers in cadre posts without obtaining recommendations from the Civil Services Board (CSB) for ensuring minimum tenure as directed by the Apex Court in T.S.R Subramanian & Others v. Union of India &...
Article 233(2) | 7 Yrs Continuous Practice As Advocate Must Be 'Immediately' Before Recruitment As District Judge From Bar: Orissa HC
The Orissa High Court has held that a person must have practiced as an Advocate continuously for seven years 'immediately' before submitting application for direct recruitment in the cadre of District Judge from the Bar.The Division Bench of Justice Debabrata Dash and Justice Gourishankar Satapathy clarified that mere seven year (or more) experience as an Advocate at a point of time in the...
S.306(4) CrPC | Approver May Be Granted Bail Before Completion Of Trial If He Complies With Conditions Of Pardon: Bombay High Court
An approver who has complied with all conditions of pardon and deposed as a witness in the prosecution's favor need not remain incarcerated till the end of the trial and would be entitled to bail, especially in case of a protracted trial, the Bombay High Court held.Justice MS Karnik observed that the bar under Section 306(4) of the CrPC against releasing an approver before conclusion of...
'CrPC (UP Amendment) Act 2018' Restoring Anticipatory Bail Law Also Applies To Persons Apprehending Arrest In Pre-2019 Offences: Allahabad HC
The Allahabad High Court has observed that the benefit of the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 which revived the provision of anticipatory bail in the State (with effect from June 6, 2019) is also applicable to the persons 'apprehending arrest' after the enactment of the 2018 Amendment Act even if the offence was committed before its enactment. The...
J&K Public Premises Act | Employee's Right To Retain Govt Accommodation Limited To One Month Post-Retirement: High Court Upholds Demand Of Rent
The Jammu and Kashmir and Ladakh High Court has made it clear that in terms of J&K Public Premises (Eviction of Unauthorized Occupants) Act 1988, a Govt. employee on his retirement can retain govt. accommodation for a period of one month and thereafter, he has no right whatsoever to retain the same.Thus allowing the writ petition moved by the Estates Department and setting aside an...
CMDRF Misappropriation Case: Kerala Lok Ayukta Dismisses Plea Alleging Misuse Of Funds By CM Pinarayi Vijayan, Others
Full Bench of the Kerala Lok Ayukta on Monday rejected the plea against the Chief Minister and 18 others alleging misuse of the funds in the Chief Minister Disaster Relief Fund (CMDRF). The petitioner, R.S. Sasikumar, had challenged the Cabinet decision taken on July 27, 2017, to give financial aid to the families of the deceased political leader Uzhavoor Vijayan and a deceased police...
Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court
Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM while conducting inquiry u/s 202 Cr.P.C. read with Section 145 of NI Act.“At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of the NI Act,...
Good Day v Mom’s Magic: Madras High Court Restrains Sunfeast From Selling Butter Cookies In Blue Colour Wrapper, But Allows Sale Of Existing Stock
The Madras High Court recently refused to interfere with an order of a single judge injuncting ITC Limited from selling their “Sunfeast Mom’s Magic Butter Cookies” in a blue wrapper similar to that of Britannia Good day biscuits. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy however, allowed the company to sell its existing stock of products packed...
SC/ST Act | Offence Will Not Be Constituted If Casteist Remark Is Made Within Four Walls: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that all the insults or intimidation to person would not be an offence under the SC&ST Act, unless such remark is made within public view or at any public place.Justice Deepak Gupta observed that to constitute an offence under the Act, the insults or intimidation should be on account of victim belonging to Scheduled Caste or...
DISCOMS As State Bodies Duty Bound To Protect Consumers' Interests: Rajasthan High Court
The Rajasthan High Court has recently held that Distribution Companies (DISCOMS), as bodies of the State government, have the duty to protect the interests of consumers.Justice Pushpendra Singh Bhati thus held that the imposition of the Special Fuel Surcharge beyond the original principal amount is deemed unjustified in the eyes of the law. "This Court also observes that the...
'Issue Guidelines For Advocates To Avoid Wearing Uniforms Outside Court Premises': Allahabad High Court To UP Bar Council
The Allahabad High Court has asked the Bar Council of Uttar Pradesh to issue guidelines that the Advocates should avoid wearing uniforms outside the Court premises. The direction was issued by a bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari taking note of many instances wherein Advocates had assisted land mafias in grabbing citizens' property of...
Once Granted Bail, Accused Must Not Only 'Join' Investigation But Also 'Participate' In It: Delhi High Court
The Delhi High Court has said that an accused, once granted bail, is always expected to not only join the investigation but also participate in it, while underscoring that there is a palpable difference between “joining” and “participating” in probe.“In any event, this Court wishes to take note of the fact that in numerous cases pending trial, unfortunately, there is a recent...