By-Poll Expenses Can't Be Recovered From Candidate Who Resigns: ECI, State Govt To Calcutta HC

The Calcutta High Court was apprised by both the Election Commission of India (ECI) and the State government on Tuesday that expenditure incurred by the State exchequer in conducting an election cannot be recovered from a candidate even if he resigns from his constituency before completion of his term in order to enable another person to contest the election from that constituency. The Court...

Kerala High Court Holds First Urgent Late Night Hearing To Arrest Vessel In Admiralty Suit

In a first, the Kerala High Court on Monday held a late-night hearing of an admiralty suit to arrest a vessel, MV Ocean Rose, from leaving the Cochin Port Trust. Justice Devan Ramachandran convened the hearing at 11.30 pm after the plaintiff in the suit approached the Court to prevent a ship from leaving the Cochin port, which was scheduled to leave at 5 am the next morning. Finding force in...

"Misguided One Community With Resentment, Hatred Towards Others:": Delhi Court On Framing Sedition Charges Against Sharjeel Imam

"Prima facie, the religious groups are sought to be divided on emotive issues and one community is sought to be (mis)guided in a particular way of resentment, ill­will and hatred towards others which can then be remedied by a plan of action which will result in violence," said a Delhi Court while framing sedition charges against Sharjeel Imam. Additional Sessions Judge Amitabh Rawat made...

"Conduct Interferes With Justice Administration": Allahabad HC Orders Action Against Official Who Failed To Send Case File To Court

The Allahabad High Court on Monday directed departmental action against the Assistant Registrar of the High Court who failed to list a particular case in the fresh list and send the case file to the court citing various administrative instructions and remained defiant even when enquired by the HC about his failure to perform his duty.Significantly, when the Bench of Justice Ajay Bhanot called...

Surat Gas Leak : Bombay High Court Grants Transit Anticipatory Bail To Pharma MD Till February 1

The Bombay High court recently granted transit anticipatory bail to Sameer Hiremath- Managing Director of Mumbai-based pharma company - Hikal Ltd - allegedly responsible for the Surat gas leak that claimed six lives and affected at least 23 others. A division bench of Justices RD Dhanuka and SM Modak granted Hiremath time till February 1, 2022 to approach the regular Court....

State Govt Can't Transgress Fees Fixed By Fee Regulatory Committee: Telangana High Court

The Telangana High Court has held that once a fee regulatory committee (an expert body) has been formed by the State government to deal with the job of fixing fees and that Committee does its job, the State government then cannot transgress its jurisdiction by doing the job that was assigned to the expert body. In a case pertaining to fee fixation by the government of Telangana...

Plea Alleges Illegality In Mahindra Thar Auction At Guruvayoor: Kerala High Court Seeks Details From Devaswom Board

The Kerala High Court on Tuesday heard a plea alleging that the State auctioned a Mahindra Thar vehicle dedicated to the deity of Sree Krishna in Guruvayoor Temple in total violation of the provisions of the Gururvayoor Devaswom Act and the general principles of auction.A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar directed the Guruvayur Devaswom Board...

Noise Pollution From Vehicle Horns & Modified Exhausts: NGT Asks Rajasthan Govt To Comply With SC Directions

The National Green Tribunal, Bhopal Bench has asked the Rajasthan government to comply and follow the guidelines with respect to prevention of noise pollution, issued by its Principal Bench, the Supreme Court and the Central Pollution Control Board. The direction was made in an application been filed by Consumer Unity & Trust Society, Jaipur regarding rampant noise pollution in...

Motor Accident| Courts Can Award Compensation Higher Than What Is Claimed: Karnataka High Court

Coming to the aid of a 14-year old (at the time) who suffered permanent disability to his pelvic region in an accident, the Karnataka High Court recently modified the order of the Motor Accidents Claim Tribunal, awarding compensation of Rs 50,000 under the head loss of amenities and enjoyment in life and increased it to Rs 10 lakhs. A division bench of Justice S.G. Pandit and...

Can't Examine Sufficiency Of Evidence While Deciding Plea For Rejection Of Plaint Under Order VII Rule 11 CPC: Delhi High Court

The Delhi High Court has held that sufficiency of evidence placed on record by the plaintiffs is required to be considered during trial and not while deciding an application for rejection of plaint under Order VII Rule 11 of the CPC.Holding thus, Justice Prateek Jalan upheld the order of the Civil Judge at Karkardooma Court, refusing to look into the documents produced by plaintiff to...

Maharashtra DGP Appointment: Can State Asks UPSC To Review Recommendations? Bombay High Court Asks

The Bombay High Court on Tuesday sought to know the State's course of action if it felt a genuine officer was erroneously left out by the Union Public Service Commission's (UPSC) selection committee before sending its recommendations to the State. "Take, for example, a case where an officer has been completely excluded. Does the UPSC then not have the power to...

One Can't Claim Title By Inheritance & Title By Adverse Possession Simultaneously: Jharkhand High Court

The Jharkhand High Court has held that the primary condition for claiming adverse possession of immovable property is that the party claiming it must first acknowledge the title of the party against whom it is being claimed. The pleas regarding claiming the title on inheritance and title by adverse possession are mutually inconsistent, Justice Gautam Kumar Chowdhary...