Certificate Of Purchase Can’t Be Conclusive Proof Of Title In Case Of Joint Family Property: Bombay HC [Read Judgment]

The Bombay High Court has held that certificate of purchase cannot be conclusive proof of title vis-à-vis joint tenants of a land.Justice Anuja Prabhudessai held that in case of a joint family property, the certificate of purchase issued in the name of karta or an elder of the family is actually for or on behalf of the joint family.Case BackgroundThe court was hearing an appeal...

Levy Of Surcharge On Retailers On Basis Of Stock Imported Into State Is Discriminatory, Unconstitutional: Kerala HC

The High Court of Kerala has struck down Section 3(1A) of the Kerala Surcharge on Taxes Act, 1957 (“Act”) for being discriminatory and violative of Articles 301 and 14 of the Constitution. The section levied surcharge of 10 percent on retail chains importing more than 50 percent of the stock from other states and fulfilling other conditions as prescribed under Section 3(1A). The judgment...

No Mining Within 10 Km Radius Of National Parks Without Obtaining Clearance From National Board For Wildlife: Uttarakhand HC [Read Order]

The Uttarakhand High Court has directed the State Government to ensure that no mining is being undertaken within 10 km from boundaries of national wildlife parks in the State without the approval of the National Wildlife Board."The mining activity in the close vicinity of National Parks causes distress to the wildlife. The Contractors deploy heavy machinery causing noise pollution in the area...

Establish Regional Bench Of Armed Forces Tribunal In The State Within 4 Months: Uttarakhand HC To Centre [Read Judgment]

The Uttarakhand High Court recently directed the Centre to establish a Regional Bench of Armed Forces Tribunal in the State of Uttarakhand within four months. Till then, the Circuit Bench has been directed to hold proceedings at Nainital every month.The Bench comprising Justice Rajiv Sharma and Justice Lok Pal Singh observed, "We, as a nation, are proud of the armed forces. The sacrifices made...

One Of The First Designated Senior Advocates Of Kerala HC, S. Venkitasubramonia Ayyar Passes Away

Senior Advocate of the High Court of Kerala, S. Venkitasubramonia Ayyar, (SVS Ayyar), passed away on Monday. He was 85 years old.  SVS Ayyar started his practice in the lower courts of Thiruvalla, Kerala in 1955, under the aegis of his father, Late Adv. R. Subramonia Ayyar, before shifting to Alleppey a few years later. His areas of expertise included civil laws, land laws, canon...

Victim Shall Not Be The Sufferer: Kerala HC Orders Release Of Juvenile ‘Victim’ From Mahila Mandiram [Read Order]

‘When a child is found in need of care and protection, before putting the child in Children's Home, there should be application of mind by the Committee; Committee shall take into account the investigation report by the Child Welfare Officer as well as child's wishes. ‘Ordering a girl to be released from Mahila Mandiram, the Kerala High Court has held that a victim/juvenile cannot...

Chief Judicial Magistrate Can’t Grant Time For Payment Of Debt Due To Secured Creditor: Kerala HC [Read Judgment]

‘Merely for the reason that the power under Section 14 is exercised by the Chief Judicial Magistrate, it cannot be argued that the power is judicial as it is now settled that the fact that the power is entrusted or wielded by a person who functions as a court is not decisive of the question whether the act or decision is administrative or judicial.’The Kerala High Court, in Canara Bank...

Any Interested Person Can Petition Assembly Speaker Seeking Disqualification Of MLA: Sikkim HC [Read Judgment]

‘It may be read down making clear that not only a member of the Legislative Assembly but any other person interested is competent to make a reference (petition) to the Speaker for initiating a process of disqualification of a member, who has incurred it under Tenth Schedule’The Sikkim High Court has read down Rule 6 of Sikkim Legislative Assembly (Disqualification on ground of...

Karnataka HC Acquits Autorickshaw Driver Sentenced To Death By Trial Court [Read Judgment]

‘If Sec.25 states that no confession of an offence made to a police officer can be proved against an accused, Sec.26 further prohibits proof of such confession made before others also if at the time of making such statement accused is in police custody, and only exception to this Section is confession made before Magistrate.’The Karnataka High Court has acquitted a...

Employees Provident Fund Act Is Welfare Law, Undue Delay By Courts In Implementing Such Schemes Will Defeat Its Purpose: Madras HC

The Madras High Court has held that the Employees Provident Fund Act is a welfare statute and courts have to be cautious that the quasi-judicial functions of the authorities concerned are not hampered or else it will cause undue delay in implementing such welfare schemes in favour of the employees.“The provident fund Act is a welfare statute. If the quasi judicial functions are hampered in...

Inspection Of Answer Sheets By Examinee Should Be Allowed Under RTI Act: CIC [Read Order ]

The Central Information Commission (CIC) recently held that an examinee holds the right to inspect his own answer sheets under the Right to Information Act, 2015, relying on the Supreme Court decision in the case of CBSE and Anr. v. Aditya Bandopadhyay and Ors.The Supreme Court had, in Aditya Bandhopadhyay's case, ruled that an answer-sheet would fall under the ambit of ‘information’...

Mere Criticism Of HC Verdict In Public Speech Not Corrupt Practice Under RP Act: Madhya Pradesh HC [Read Judgment]

‘Mere criticism of the judgment of the High Court in public speech, in the opinion of this Court, shall not tantamount to corrupt practice as defined under section 123 of the R.P. Act.’While dismissing an election petition against a BJP MLA, the Madhya Pradesh High Court has observed that mere criticism of a judgment of the high court in public speech will not tantamount to corrupt...