News Updates
Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court
The High Court of Madhya Pradesh, Gwalior Bench, recently set aside the order passed by a Sub Divisional Officer (SDO), wherein the proceedings under Section 122 of the M.P. Panchayat Rajya Adhiniyam, 1993 were not carried out in accordance with the Code of Civil Procedure. Justice Milind Ramesh Phadke held that pursuant to Rule 11 of the M.P. Panchayats (Election Petitions,...
Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The officer had recorded the statement of the victim in a different case The applicant-accused moved an application under Sec 233 of Cr.P.C. for the issuance of process upon the witness, who had recorded the statement of the victim in connection...
Not Mandatory For The IO To File Chargesheet In Each FIR Lodged Under The SC-ST Act: Allahabad High Court
The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4(2)(e) of the 1989 Act and Rule 7(2) of the SC-ST Act Rules 1995...
'Vertical Reservation' By Calicut University For Persons With Disabilities Faulty And Illegal: Kerala High Court
The Kerala High Court on Friday held that the reservation procedure followed by the Calicut University by earmarking roster points for persons with disabilities, and providing them with vertical reservation instead of horizontal, as being faulty and illegal, and also violative of Rule 15 of Part II Kerala State and Subordinate Service Rules (KS & SSR). Such reservation had resulted...
Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court
The Kerala High court on Thursday observed that a mere deviation from normal professional practice or an accident or untoward incident is not enough to prove medical negligence. Gross and culpable negligence beyond a reasonable doubt needs to be established for a medical professional to be convicted for criminal negligence, said the court. A single bench of the court was...
Consider Applications Of Married Women For Primary Teacher Posts On Basis Of Caste & Income Certificates Of Parents, Not Spouses: Karnataka High Court
The Karnataka High Court has granted relief to hundreds of applicants to the post of Graduate Primary Teachers who were placed in the General merit category by the State government as they had submitted the caste and income certificate of parents instead of the certificates of their spouse. A single judge bench of Justice M Nagaprasanna allowed a batch of petitions and quashed...
CBI Was Sufficiently Empowered To Investigate Cases In Erstwhile State of J&K In Terms Of General Consent: J&K&L High Court
The High Court of J&K and Ladakh on Thursday ruled that Central Bureau of Investigation (CBI) enjoyed the requisite jurisdiction to investigate offences committed within the territorial jurisdiction of erstwhile State of J&K in terms of the general consent given on May 7, 1958 and December 8, 1963 by the government. The pronouncement came from a bench of Justice...
Bombay High Court Refuses To Direct State To Provide Compensation To All Snakebite Victims In Maharashtra, Says It Is For Govt To Consider
The Bombay High Court has refused to direct the state government to provide financial aid to all snake and scorpion bite victims in the state. observing that it is a policy decision, and such direction would encroach on the State Government’s jurisdiction.A division bench of acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne, while disposing of a PIL, said:“It is for...
Budgetary Support Under GST Regime Can’t Be Denied To An Eligible Unit: Delhi High Court
The Delhi High Court has directed the revenue authorities to grant budgetary support to a manufacturing unit under the “Scheme of Budgetary Support under Goods and Services Tax (GST) Regime”, available to ‘eligible units’ located in specified States. The Court took note that the petitioner was eligible for exemption from Central Excise Duty prior to 01.07.2017, i.e., before...
Can’t Demand Degree Of AICTE-Approved Institute From A Candidate Who Graduated In Requisite Subject From Statutory University: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench, has said that a candidate, who possesses the requisite qualifications for holding the post of Assistant Loco Pilot, cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the All India Council for Technical Education (AICTE).The division bench of Chief Justice Pankaj Mithal and Justice...
Delhi High Court Upholds Use Of Rule Of Contra Proferentem By Arbitrator While Interpreting Contract
The Delhi High Court has ruled that, if the arbitrator uses a contract executed between the parties to determine a dispute, the clauses of the contract should, in principle, be construed contra proferentem, i.e., the clauses should be interpreted against the party that drafted it. The bench of Justice Chandra Dhari Singh remarked that the rule of contra proferentem can be regarded as...
KHCAA President Saiby Jose Kidangoor Moves Kerala HC For Quashing FIR Against Him On Bribery Allegations
The Kerala High Court Advocates Association President, Advocate Saiby Jose Kidangoor, who is facing allegations of having taken money from clients in the name of bribing judges, has approached the Kerala High Court seeking to quash the FIR that had been registered against him, and to stay all further proceedings. The Ernakulam Central Police Station had registered the FIR against Advocate...