Bombay HC Judge Js. GS Patel Imposes ‘Reasonable’ Cost Of Rs. 184 For Petition Withdrawal [Read Order]

Justice GS Patel of the Bombay High Court has his ways of using his wit and humour to elucidate some specific points and that many-a-times are by way of orders.Advocate Cyrus Ardeshir, who was appearing for petitioners in an arbitration petition filed in 2017, sought liberty to file a fresh petition and withdraw the earlier one.The reason given for such action was that he found a large volume...

Can’t Invoke Writ To Include Or Exclude Any Caste In List Of Scheduled Tribes: MP HC [Read Order]

The Madhya Pradesh High Court has held the court in a writ jurisdiction cannot direct the State to include or exclude any caste in the list of Scheduled Tribes published under the authority of the President of India.The list of Scheduled Tribes is framed by the President of India in terms of Article 342 of the Constitution of India.“Such power of the President is statutory in nature”,...

Kerala HC Refuses Sessions Judge’s Plea To Expunge Critical Remarks Made Against His Approach To Criminal Trial [Read Judgment]

“None of those observations shall stand in the way of career progression of the judge in any manner,” the bench clarified.A division bench of Kerala High Court has refused a judge’s plea to expunge certain remarks made in a judgment in which some critical observations were made against him, though it clarified that none of those observations shall stand in the way of career progression...

Kerala HC Rejects Plea Seeking ‘Online’ LDC Exam By KPSC [Read Judgment]

The public service commission tells the court that it is impossibleThe Kerala High Court has dismissed a plea to direct Kerala Public Service Commission to conduct the Lower Division Clerk examination online instead of on OMR basis.Rajan P Thodiyoor, who filed public interest litigation in this regard, had contended that there is 4 per cent chance of error in OMR-based examination, and in case...

Kerala HC Tells Govt To Separate Crime Investigation And Maintenance Of Law And Order [Read Judgment]

Investigation of serious crimes entrusted to unskilled, amenable and influenceable police officers will do great amount of disservice to the citizenry, the bench said.Taking a note of the ‘sad state of affairs’ prevailing in the state in the matter of crime investigation, the Kerala High Court has asked the government to take some concrete action to separate crime investigation and...

Permanent Lok Adalat Forums Being Misused By Dishonest Litigants: Patna HC [Read Judgment]

Partition suit cannot be filed directly in Permanent Lok AdalatUpholding a single judge bench judgment that held a partition suit cannot be filed directly in a Permanent Lok Adalat, a division bench of Patna High Court has observed that forums of Permanent Lok Adalat are being misused by dishonest litigants in connivance with certain judicial officers, who have superannuated and are invited...

Proprietor Of Trade Mark Not Expected To Make Litigation A Business: Delhi HC [Read Judgment]

But it cannot deprive the proprietor of protective action when another invades his business, the bench said.The Delhi High Court, in Sunil Mittal vs Darzi on Call, has held that merely because the proprietor of trade mark have not felt the need to take action against some for using his trade name, as according to him, such use does not affect his business, the same cannot deprive the...

Real Estate Act, Comes Into ‘Full’ Force From 1st May, 2017 [Read Notification]

These provisions relate to functions and duties of promoters, rights and duties of allottees, prior registration of real estate projects with the Real Estate Regulatory Authority, recovery of interest on penalties, enforcement of orders, offences, penalties and adjudication, taking cognizance of offences etc . The Union Ministry Of Housing And Urban Poverty Alleviation issued a notification...

Delhi HC Dismisses PIL On Kulbhushan Jadhav [Read Judgment]

A division bench of Delhi High Court headed by Acting Chief Justice Gita Mittal on Wednesday dismissed a PIL seeking a direction to the government to approach the International Court of Justice for securing the release of Kulbhushan Jadhav, who has been illegally detained at an unknown location in Pakistan and also sentenced by a military court there.The petitioner contended that...

Refund Of Seized Money Should Be In New Currency Notes: Calcutta HC To IT Department [Read Order]

The Calcutta High Court recently ordered the Income Tax Department to refund in valid/new currency, any money held by it on account of a Court order.“It is trite law that an act of Court cannot prejudice any one and, therefore, any person who is holding on to specified notes after the appointed date in terms of a Court order, such person cannot be disadvantaged and denied liability by the...

Chhattisgarh HC Dismisses Plea For NIA/CBI Probe On Falling Of Dome At PM’s Speech Venue [Read Judgment]

The Chhattisgarh High Court has dismissed with costs a PIL seeking a probe by the Central Bureau of Investigation or National Investigation Agency into the unfortunate incident of falling of the dome which was being prepared for the Prime Minister to address the public.The public interest litigation was filed by Chhattisgarhi Samaj Party.Anil Dubey, president of the Chhattisgarhi Samaj Party,...

There Cannot Be A Fresh FIR On Receipt Of Every Subsequent Information In Respect To The Same Case: Bombay HC [Read Judgment]

The Bombay High Court has held that there cannot be a fresh FIR on receipt of every subsequent information in respect of the same cognizable offence or the same incident giving rise to one or more cognizable offences.The division bench of Justices AS Oka and Anuja Prabhudessai were examining whether a second FIR can be registered in a case where the investigation has been completed and...