Trespass: No Charge U/S 447 IPC Could Be Framed If Complainant Has No Possession Of The Property: Delhi HC [Read Judgment]

Delhi High Court has recently held in Jagdish Kapila v. Raj Kumar & Anr. that when there is no material to show that the possession was parted by the petitioner or was handed over to the complainant, no charge under section 447 of the Indian Penal Code can be framed against the petitioner. Court set aside the challenged order passed by the Trial Court saying it is erroneous as Trial...

Error In Evaluation Of Answer Sheets: Allahabad HC Directs Agra University To Pay Rs 1 Lakh to Student

The Allahabad High Court has recently directed Agra University to pay the first year medical student Rs 1 lakh for not exercising care and vigilance in checking the answer sheet in semester examinations at the University. The writ petition has been filed by Devarsh Nath Gupta, undergoing medical course i.e. Bachelor of Medicine at S. N. Medical College, Agra (affiliated to Dr. B. R....

RERA Prevails Over Companies Act; Winding Up Order Will Not Bar RERA Proceedings : Rajasthan Authority [Read Order]

The Rajasthan Real Estate Regulatory Authority has held that winding up order under Section 279 of the Companies Act 2013 will not bar proceedings under Real Estate (Regulation and Development) Act 2016.This was held by the Authority while dismissing an application filed by the builder seeking stay of proceedings on the ground that the Delhi High Court had appointed a provisional liquidator...

High Courts Weekly Round Up

Allahabad High Court Held that a Government servant is not entitled to full pension/death cum-retirement gratuity on/or during pending disciplinary/judicial proceedings against the government servant.Acquitted a couple in a murder case, one of whom was sentenced to death by the Trial Court. The High court observed that the involvement of the couple in the case appears to be doubtful...

CLAT 2019 Analysis, Expected Cut-Off

CLAT 2019 paper, in a way, wasn't completely on unexpected lines. Owing to the fiasco last year (and on a few more occasions in the last few years), the recently made CLAT Consortium had to make a lot of amends to make CLAT a sustainable examination. Firstly, the CLAT Committee formulated the Consortium, thus putting to rest the 'Permanent CLAT Committee' demand. Next, they made the...

Denying Employment Opportunity On The Ground Of Deviation In Visual Standard Is Arbitrary & Illegal: Madras HC [Read Order]

Madurai Bench of Madras High Court has laid down in M.E.Mohamed Musaf Raseen v. State of Tamil Nadu that denying the employment opportunity on the ground of deviation in the visual standard, citing a new rule, which is not at all referred to in the employment notification, is arbitrary and illegal. The petitioner had challenged the order dated 14.03.2019 passed by the...

SC Refuses To Extend Time To Demolish Buildings Built In Violation Of CRZ Regulations [Read Order]

The Supreme Court rejected the plea seeking extension of time for demolition is of the buildings which were built in violation of Coastal Regulatory Zone Regulations within the prohibited area of CRZ Category in Maradu Municipality of Ernakulam District in Kerala. On 8th May, the Court had ordered the removal of all illegal structures within one month. In an application filed by...

Noise Pollution: NGT Directs District Magistrate To Take Action Against Restaurants In Dehradun

The National Green Tribunal has directed the District Magistrate to take action in a complaint alleging noise pollution by restaurants. The bench headed Justice AK Goel passed this letter taking note of a letter addressed to it alleging that that noise pollution is being caused by King's Harbor Restro & Lounge and Aura Kitchen & Spirits – a restaurant at GMS road near...

Rape Case Can Be Quashed When Accused Married The Victim: Kerala HC [Read Order]

The Kerala High Court has quashed criminal proceedings against a rape accused who married the victim.The man was accused of offences punishable under Secs.366A, 376 and Secs.3(a) r/w 4 of the POCSO Act. He approached the High Court contending that the disputes have been amicably settled between himself and the victim, who he married. A marriage certificate was produced before the court and it...

Order Denying Annual Increments To New Recruits In Chandigarh Administration Quashed By CAT [Read Order]

A 2015 order issued by the Chandigarh administration stating that new recruits will be paid only fixed emoluments without any any grade pay and any annual increments or any other allowance except travelling allowance during the first two years of probation has been quashed by Central Adminstrative Tribunal, Chandigarh Bench.The order was issued by the Chandigarh administration on July 10, 2015...

Delhi HC Grants Rs 50 Lakh Compensation To Heirs Of Medical Personnel Killed In Air Ambulance Crash [Read Judgment]

The Delhi High Court has ordered compensation of Rs. 50 lakhs each to the legal heirs of two doctors and a nurse who were killed in an air ambulance crash in 2011.The contention raised by the United India Insurance Co Ltd, the insurer of the air craft, that it was liable to pay only Rs. 7.5 lakhs, which was the liability limited by the Carriage by Air Act 1972 for death due to air...

Allow FIRs Via SMS, Email, WhatsApp In Cases Of Missing People: Delhi HC To Police [Read Order]

The Delhi High Court has directed the police to consider allowing lodging of FIRs through SMS, email and WhatsApp in case of missing persons to prevent loss of time and ensure speedy investigation.The recent order by a bench of Justices Manmohan and Sangita Dhingra Sehgal came while hearing a PIL initiated by the court on its own on a woman's complaint alleging inaction by police when...