DV Act- An Order Vacating Ex-parte Residence Order Can Be Enforced Against 'Aggrieved Person': Kerala HC [Read Order]

The magistrate passing the ex parte residence orders under section 19 of the Domestic Violence Act is equally competent under section 23 (1) of the Act to enforce its order vacating the ex parte order and necessary directions can be issued to the jurisdictional SHO to enforce its order.The Kerala High Court, in Ansari v Shiji, has held that when ex parte residence order is vacated, the...

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]

The High Court of Kerala has clarified that an order adjudicating a claim over a property under attachment before judgment is appealable as if it was a decree. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference whether such an order could be challenged in an original petition under Article 227 of...

Co-Operative Society Is Not An ‘Industry’ Within The Meaning Of Industrial Disputes Act: Bombay HC [Read Judgment]

The Bombay High Court has held that a co-operative housing society cannot be said to be an ‘industry’ within the meaning of Section 2(j) of the Industrial Disputes Act.Justice SC Gupte was hearing a writ petition filed by Arihant Siddhi Co-op Housing Society challenging an award passed by the Labour Court, Mumbai, wherein the Society’s erstwhile watchman was reinstated with full back...

It Is A Human Right Of Person Accused Of Sexual Harassment To Get Info To Defend Himself, Says CIC; Penalises “Penny-wise” CPIO [Read Order]

The Central Information Commission (CIC) has held that it is the human right of a person accused of sexual harassment in his capacity as a citizen and accused under the RTI Act and under the principles of criminal justice, to get all the related information to defend himself in a penal proceedings while imposing a penalty of Rs 25,000 on a Public Information Officer for denying the information...

Office Of Public Prosecutor Can’t File Private ‘Defamation’ Complaints When Alleged Statements Don’t Have Direct Bearing On Public Functions: Madras HC [Read Order]

‘The Public Prosecutor cannot institute a private complaint taking cudgels on behalf of the person defamed.’Quashing criminal proceedings against a Dravida Munnetra Kazhagam (DMK) member who allegedly made defamatory statements against former Chief Minister of Tamil Nadu, the late J Jayalalithaa, the Madras High Court observed that for the statements which do not in any way pertain to...

CIC Comes to Rescue of PM Modi’s ‘Chaachi’ Who Seeks Revision Of Rent For Govt Dispensary Running On Her Building [Read Order]

The Central Information Commission (CIC) has pulled up the Labour Ministry for behaving as a cantankerous tenant to a 90-year-old landlady who claims to be the aunt of Prime Minister Narendra Modi, and had been requesting revision of rent for a Beedi Workers Welfare Fund (BWWF) dispensary being run on her premises in Vadnagar in Gujarat's Mehsana district.“How can state behave like...

Reunite Migrant Families Within 30 days: US District Court Stays Trump’s Family Separation Policy [Read Order]

Judge Dana M. Sabraw of the United States District Court for the Southern District of California on Tuesday granted an injunction on the lawsuit filed by American Civil Liberties Union (ACLU) against family separation of migrants. The Judge further directed the authorities to reunite families with their minor children under the age of five within 14 days, and with those over the age of...

U’khand HC Quietens The Noise: Sets Max Limit For Loudspeakers, Pvt Sound System At 5dB, Motorcycles To Be Fitted With Silencers [Read Order]

The Uttarakhand High Court has silenced the blaring of the loudspeakers or public address system in the state by announcing that any person, including religious bodies in temples, mosques and gurdwaras, cannot use them without a written undertaking that the noise level will not exceed 5 decibel (dB) peripheral noise level.Not just that, even a privately-owned sound system like the one used...

No Provision In Limitation Act To Compute Limitation For Counsel’s Carelessness, Observes Sikkim HC [Read Order]

‘Misplacing of files’, ‘omission of clerk attached to office of the counsel’ etc., are routine ‘reasons’ in most of the delay condonation applications. Most of the courts do not bother to check genuineness or validity of these reasons averred through an affidavit by the litigants, especially when delay sought to be condoned is only a few days or months.The Sikkim High Court,...

Don’t Act In A Manner That Makes Public Think RBI, ED Are Politicians’ Puppets, Bombay HC Tells ‘Those In Power’ [Read Judgment]

‘The political parties and outfits in power, in opposition ought to know that just as Defence Forces, Police and the Judiciary, it is important that these institutions do not betray public trust and confidence.’While directing the Reserve Bank of India to consider the compounding applications filed by New Delhi Television (NDTV), the Bombay High Court observed that those in power...

SCOTUS Ruling On Trump’s Travel Ban: Here Is A Summary

In a major victory for the Trump administration, the Supreme Court of the United States of America (SCOTUS) on Tuesday ruled in favour of the President’s travel ban on people from six Muslim-majority countries— Iran, Libya, Somalia, Sudan, Syria, and Yemen.Authoring the majority opinion in the 5-4 ruling, Chief Justice John Roberts essentially reversed the ruling of the 9th Circuit Court...

Kerala HC Orders Inquiry Into Deemed Licenses Obtained For Quarrying Due To Default Of Local Authorities In Contesting Cases [Read Order]

Taking note of the recurring instances where quarry and crusher operators obtained ‘deemed license’ for their activities due to failure of panchayats/municipalities concerned to appear and contest cases in the Kerala High Court, the court has ordered the Secretary of Local Self Government Department to inquire into such cases of deemed licenses.‘Deemed license’ is obtained on failure...