When Loan Has Been Repaid, Bank Can't Withhold Title Documents Merely Because Borrower Transferred Mortgaged Property : Kerala High Court

The Kerala High Court on Friday held that a bank could not retain the security documents related to a mortgaged property if the loan amount has been paid in full by the borrower, merely because during term of the mortgage, it was alienated to a third party by the borrower. A single bench of Justice Shaji P Chaly held that : “merely because the property was transferred by the petitioner...

Arbitrary Orders Driving Taxpayer To File Appeal By Depositing 50% Of The Disputed Taxes: Tripura High Court Imposes Cost Of Rs. 25,000 On The Taxes Recoverable From His Salary

The Tripura High Court has imposed a cost of Rs. 25,000/- on the Commissioner of Taxes to be recovered from his salary and to be paid to the Tripura High Court Bar Association for passing an order in an arbitrary manner.The division bench of Acting Chief Justice T. Amarnath Goud and Justice Arindam Lodh observed that orders were passed by the authorities in an arbitrary manner, which was...

Kerala High Court Grants Parole To 'Ripper Jayanandan' For Attending Daughter's Wedding

The Kerala High Court on Friday granted parole for a period of fifteen days to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the wedding of his daughter. In the petition filed by the wife of the convict, their daughter, Advocate Keerthi Jayanandan had appeared as the counsel. Justice Bechu Kurian Thomas, while...

High Court Cannot Expand Definition Of 'Individual Borrower' To Grant Waiver Of Foreclosure Charges: Madras High Court

The Madras High Court recently observed that when “individual borrower” was clearly defined by the Reserve Bank Of India as per law, only the RBI could consider expanding the scope of the definition and not the High Court. The court was hearing a plea filed by famous food chain Murugan Idli Shop's proprietor.S Manoharan, the sole proprietor of Murugan Idli Shop, had contended that he...

Kerala Court Sentences 48 Year-Old-Man Accused To 20 Years Imprisonment For Sexually Assaulting Minor Boy

The Fast Track Special Court (POCSO) at Thiruvananthapuram on Thursday, sentenced a 48-year-old man to undergo rigorous imprisonment for a period of 20 years, and imposed a fine of Rs. 60,000/- on him for sexually assaulting a 11 year old boy in the year 2020. "Sexual abuse or sexual harassment is never contained to a present moment. It lingers across a person’s lifetime and has...

Gauhati High Court Seeks ATR On Alleged Illegal Encroachments In Tipam Hills

The Gauhati High Court on Thursday, in a suo motu PIL, directed the authorities to submit a report and action taken with regard to the allegation of illegal encroachment of historic Tipam hill. The suo motu PIL was registered by the court in 2018 on the basis of a letter written by Late Nilay Dutta, Senior Advocate highlighting a report of the Assamese newspaper ‘Niyomiya...

Gauhati High Court Allows Declared Foreigner's Request For Extension Of Time To Register With Foreigners’ Regional Registration Office

The Gauhati High Court on Friday allowed the request of a declared ‘foreigner’, who had entered the State of Assam between the period 1966 and 1971, to extend the period for registering himself with the Foreigners’ Regional Registration Office (FRRO).The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan granted one month's time to Sakat Ali, observing, “In...

CM Eknath Shinde Has No Power To Interfere With Decision Of In-Charge Minister On Subject Matter Assigned: Bombay High Court

The Bombay High Court recently held that the Chief Minister of Maharashtra does not have independent powers to interfere with the subject assigned to another Minister.Justice Vinay Joshi and Justice Valmiki SA Menezes of the Nagpur bench quashed CM’s order staying the recruitment process of the Chandrapur District Central Co-operative Bank observing that the subject fell under the authority...

Patna High Court Says Most Law Colleges In State Lack Requisite Infra, Qualified Teachers; Seeks Reply From Chancellors

A division bench of the Patna High Court comprising Acting Chief Justice CS Singh and Justice Madhuresh Prasad has directed the Chancellor of all State Universities in Bihar to file an affidavit outlining what steps have been taken so far to streamline legal education in the State. The court passed the above order after having gone through several materials brought on record...

[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court

A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority. In this case, the writ application was preferred against an order...

Some Leeway To Condone Delay In Cases Of Govt Cannot Be Construed As Absolute License To Flout Law: Himachal Pradesh High Court

Dismissing an application seeking condonation of delay filed by the Himachal Pradesh government, the High Court on Friday observed that the law has equal balance for all and though some leeway is permissible in the case of government but that cannot be construed as an absolute license to flout the law at whims. The application was filed alongside an appeal in terms of which the...

Revisional Powers U/S 102 Juvenile Justice Act Vested With High Court, Cannot Be Exercised By Sessions Court/ Children’s Court: Jammu & Kashmir HC

The Jammu and Kashmir and Ladakh High Court has made it clear that a Sessions Court or a Children’s Court cannot entertain a revision petition against the order of Juvenile Justice Board.Justice Sanjay Dhar observed that the power of revision under Section 102 of the Juvenile Justice Act is vested with the High alone. "No such power is vested with the Court of Sessions or Children’s...