Only The Secured Creditor Can Initiate Action Against The Borrower Under SARFAESI Act: Karnataka HC [Read Order]

The Karnataka High Court has held that only the secured creditor, and no other person or entity, can initiate action against the borrower under the Secularization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI).Justice L Narayana Swamy and Justice R Devdas while setting aside the order passed by the Debt Recovery Appellate Tribunal (DRAT),...

Conducting DNA Test Of Rape Accused Is Part Of A Fair Trial: Punjab & Haryana HC [Read Order]

The Punjab and Haryana High Court recently held that conducting DNA profiling of the accused under Section 53A of the Cr.P.C is a part of fair trial. The Court was hearing a revision petition filed by the petitioners, (accused before Trial Court) challenging an order of the Trial Court dismissing their application under Section 53-A Cr.P.C, for conducting DNA profiling of such...

Delhi HC Dismisses Petitions Seeking Quashing Of NEET UG, 2019 Result [Read Judgment]

The Delhi High Court has dismissed the petitions seeking quashing of NEET UG, 2019 result. It was contended that during the course of examination, they realized that there are multiple choice questions which have more than one correct answers. The same was not rectified by the NTA due to which candidates have suffered grossly through the erroneous marking mechanism of NTA. Further it was...

Hardcore Prisoner Can Only Be Taken Out Under Armed Escort for Attending Marriage of His Relatives: Punjab & Haryana HC

The Punjab and Haryana High Court has observed that a hardcore prisoner can only be released under armed escort for attending the marriage of a relative for 48 hours, in accordance with Section 5A of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 as amended in 2013. The petitioner in the instant case was convicted under Sections 201, 302 and 364A, read with Section 34...

'Price Fixation Is A Statutory Function': Delhi HC Dismisses PIL Seeking Reduction In Fares Of Delhi Metro

Delhi High Court dismissed a PIL seeking reduction in fares of Delhi metro. The court cited that price fixation is a statutory function under section 33 Metro Railways Act, 2002, hence intervention can't be made. In this Civil Writ Petition, the petitioner had argued that the Fare Fixation Committee of 2009 had recommended 15 slabs ranging from rupees 8 to rupees 30. However, the present...

Home Buyers To Get Refund For Delays In Projects With Interest Rate Similar To Home Loan Rate Of Nationalized Banks: NCDRC [Read Order]

The National Consumer Disputes Redressal Commission in a recent order has directed a builder to refund money to home buyers for delayed projects with interest rates similar to the rate for a house building loan in a corresponding period given by scheduled nationalized bank. The NCDRC was hearing complaints filed against the builders Country Colonizers Pvt. Ltd. under Section 17 of the...

Karnataka HC Directs BBMP To File Details Of Potholes

The Karnataka High Court on Tuesday said it would pass and order on July 23, stating that "Pothole-free roads are fundamental rights of every citizen, guaranteed under Article 21 of the Constitution, and in the event any loss caused due to its violation, the citizens have the right to seek compensation." A division bench of Chief Justice Abhay Oka and Justice H T Narendra Prasad also...

Govt. Can't Recover Study Leave Benefits Given To An In-service Employee, Even If He Is Unsuccessful In The Exams:Karnataka HC [Read Judgment]

The Karnataka High Court has said that government cannot recover the study leave benefits given to an in-service employee, even if he is unsuccessful in the exams that he appeared. A division bench of Justice L Narayanan Swamy and Justice R Devdas while setting aside the show cause notice issued to a primary school teacher seeking to recover the salary and allowances granted said; " On...

Hate Speeches Can't Be Permitted In The Name Of Freedom Of Speech: Madras HC Rejects Tamil Activist Thirumurugan Gandhi's Plea [Read Order]

"Any speech which disrespects another citizen on grounds of religion, race, place of birth, residence, language, caste or community, is forbidden."

Right To Get Anticipatory Bail Is Not Any Fundamental Right, Says Punjab & Haryana HC [Read Order]

"This statutory power of granting pre-arrest bail is so extraordinary that it is not even available in all parts of the country; and even through-out the country qua some offences under special statutes."

E-Commerce Platforms Are Barred From Selling Products Of Companies Engaged In Direct Selling: Delhi HC

The Delhi High Court has barred e-commerce websites from selling products of companies which are engaged in direct selling. The court held that the products are being sourced through unauthorized channels and that they are tampered and impaired which violates the rights of the Petitioners under the Trademark Act. The court had to rule upon the following issues: ...

"You Have Money To File 25 PILs And Claim To Belong To EWS!' Bombay HC Dismisses Plea Seeking Admission Under RTE [Read Judgment]

The Bombay High Court recently took a stern stand against frivolous petitions/PILs and dismissed a petition filed by one Sapan Shrivastava seeking admission for his son under Right to Education Act. Sapan, who admittedly has filed more than 25 petitions before the High Court so far had claimed to belong to economically weaker section. Division bench of Chief Justice Pradeep Nandrajog...