Bombay HC Bars Issuance Of Occupancy Certificate In Light Of Severe Water Scarcity In Thane [Read Order]

The Bombay High Court has directed the Thane Municipal Corporation (TMC) to stop issuing any fresh occupancy and commencement certificate in the Ghodbunder Road area of Thane till June 9, due to the problem of water scarcity.A bench of Chief Justice Manjula Chellur and Justice GS Kulkarni passed these directions while hearing a PIL filed by one Mangesh Shelar who contended that there was...

High Courts Weekly Round-Up

Allahabad High CourtLucknow Bench of the High Court of Allahabad on Monday directed the Information and Broadcasting Ministry to look into allegations that programs of self-proclaimed spiritual guru Nirmal Baba, being broadcast on TV channels, encourage superstitions among viewers.The High Court ruled that OBC candidates applying for government jobs are “not exempt from the rigours of a...

Bombay HC Passes Landmark Directions On Judicial Infrastructure [Read Judgment]

The Bombay High Court has passed some landmark directions while hearing a batch of petitions concerning issues of infrastructure of civil and criminal courts in the state, along with co-operative courts, Motor Accidents Claims Tribunal and consumer fora at the state and district levels.Before passing directions in the 220-page judgment, a division bench of Justice AS Oka and Justice AA...

Even A Beggar Can Stand As Surety If He Has Acceptable Residential Proof: Madras HC [Read Judgment]

Simply because a person is poor, who has no property, no money, no job, it cannot be said that he is disqualified to stand as a surety. When the accused executes bail bond, when the surety executes surety bond, the court cannot insist production of property documents, surety need not be a government servant or a blood relative or a local surety, said the court. In a significant judgment on...

OBC Candidates Not Exempt From Rigors Of Cut-Off Dates: Allahabad HC [Read Judgment]

In a significant judgement delivered on Thursday, the High Court of Allahabad has ruled that OBC candidates applying for government jobs are “not exempt from the rigours of a cut-off or last date” given in the recruitment notices.A full Bench of the Court comprising Chief Justice D.B. Bhosle, Justice Dilip Gupta and Justice Yashwant Varma was constituted to decide on several questions...

Wife, Who Deserts Husband, Entitled To Maintenance After Divorce: Gujarat HC [Read Judgment]

‘Section 125(4) CrPC presupposes a right and an obligation to live with the husband’Holding that the term ‘wife’ in Section 125(4) of the CrPC would not include a divorced wife, the Gujarat High Court has observed that a lady, from whom the husband obtained divorce on the ground of desertion, would still be entitled to maintenance.Justice JB Pardiwala was considering the scope of...

SC Backlog Reduces To 60,751; 39 Constitution Bench Matters Pending

The total case backlog in Supreme Court now stood at 60,751 as on May 1, 2017 out of which 39 are constitution bench matters, according to the latest pendency report uploaded on the apex court website.This meant that the apex court under justice J S Khehar as Chief Justice after he took charge of the office on January 3, 2017, disposed off 1,786 cases.As per the report dated January 1, 2017...

Accused Not Entitled To Get Probation For Offences Having Mandatory Minimum Imprisonment: Delhi HC [Read Judgment]

The Delhi High Court, in the case of State v Sunil, set aside an order of probation given to an accused convicted under POCSO Act on the grounds that the minimum period of imprisonment was provided under the statute.Justice Mukta Gupta, relying on the case of Shyam Lal Verma vs. Central Bureau of Investigation (2014 (15) SCC 340), noted that reliefs under the Probation of Offenders Act...

Patna HC Sets Aside The Ban On Production Of ‘Extra Neutral Alcohol’ [Read Judgment]

The bench comprising of Chief Justice Rajendra Menon, Justice AK Tripathi and Justice Sudhir Singh in its recent verdict has slashed down the Bihar’s Government 24th January notification prohibiting production of industrial alcohol and spirits. It also directed the government to renew the licenses of distillery companies which has expired on March, 2017.A writ petition was filed...

The 7 SC Judges Should Resign, Their Services Unfit For India: Justice Karnan [Read Letter]

In a letter addressed to the Medical Board of the Calcutta Parlov Hospital, Calcutta HC Judge Justice Karnan has demanded that the Judges constituting the seven Judge Constitution Bench do the “right thing by resigning their posts”, as he felt that it is “too obvious” that they’re working only for personal gain.The letter further stated that the Supreme Court order directing his...

Cheque Bounce:Compensation’ Recoverable From Accused Even If ‘Default Sentence’ Has Been Suffered: SC

‘No special reasons need to be recorded for issuing distress warrant’The Supreme Court, in Kumaran vs State of Kerala, has held that compensation ordered by the court would be recoverable even though a default sentence has been suffered.A bench comprising Justice RF Nariman and Justice Navin Sinha upheld a Kerala High Court decision that had approved the order of magistrate by...

Approaching ‘Voluntary’ Sex Worker Not A Crime, Says Gujarat HC [Read Judgment]

In a significant ruling, the Gujarat High Court has observed that Section 370 of the Indian Penal Code will have no application in a case wherein sex workers are engaged in prostitution of their own volition and not pursuant to any inducement, force or coercion.Justice JB Pardiwala partly quashed the FIR against a person, holding that the prosecution of the applicant being a customer for...