Chief Justice of Calcutta HC moves Justice Karnan to Single bench to deal with old cases

The Chief Justice of Calcutta High Court, Justice Dr. Manjulla Chellur, taking note of verbal duel between the judges of a Division bench, has moved Justice C.S. Karnan to single bench. Meanwhile Justice Ashim Kumar Roy will head another Division Bench along with Justice Malay Marut Banerjee and deal with Criminal Appeals.In the cause list, Writ petitions filed between the years 2000-2005...

Poverty and illiteracy of accused needs to be kept in view while sentencing them: Bombay HC [Read Judgment]

The Bombay High court has observed that, poverty and illiteracy of the accused needs to kept in view, while sentencing them. Justice A.I.S Cheema disposing the appeal filed by certain labourers convicted for committing dacoity, sustained the conviction recorded by trial Court under Section 395 IPC, but reduced the sentence of four years imprisonment to three years.The Trial court had...

High Court cannot review or modify a Judgment using its inherent power; Allahabad HC [Read Judgment]

Allahabad High Court has held that, in view of the prohibition contained in Section 362 of the Code of Criminal Procedure even the High Court in exercise of its inherent power under Section 482 CrP.C has no authority or jurisdiction to alter/review a Judgment in a Criminal Case, after the Judgement is signed.Relying on the Supreme Court Judgment in Sooraj Devi Vs. Pyare Lal, 1981 (1) SCC 500,...

Bombay HC rejects challenge against constitutionality of Article 81[B] of Education Code for Kendriya Vidyalaya [Read Judgment]

The Bombay High Court, in Gokul Rajaramji Ingle vs. Union of India, has rejected the challenge against vires of Article 81 [B] of the Education Code for Kendriya Vidyalaya. Upholding the order of Central Administrative Tribunal, the Division Bench comprising of Justices V.K. Jhadav and S.S. Shinde also dismissed a petition challenging order of termination of the services of a teacher accused...

Joint Committee seeks suggestions on new Enforcement of Security Interest and Recovery of Debt Laws [Read the Bill]

The Enforcement of Security Interest and Recovery of Debt Laws and Miscellaneous Provisions (Amendment) Bill, 2016 has been referred to a Joint Parliamentary Committee of both the Houses, under the Chairmanship of Shri Bhupender Yadav, M.P. for examination and presenting a Report to the Parliament. The Bill seeks to amend the Securitisation and Reconstruction of Financial Assets and...

Telangana judges, advocates & judicial staff launch state-wide protest against provisional allocation of judicial officers

The Bar Association of High Court and all districts of Telangana state, along with the Telangana Advocates JAC, Telangana Judges Association, State Judicial Employees Association and Telangana Law Officers Association have launched a week long protest in the form of lunch-hour demonstrations outside Courts, expressing their disappointment against provisional allocation of judicial...

Offence U/S 304-A IPC cannot be quashed on the basis of compromise between Parties : Punjab & Haryana HC [Read Judgment]

To quash the proceedings under Section 304-A solely on the basis of a settlement or compromise arrived at between the accused and the legal representatives is not permissible and militates against all canons of justice, the Bench said.The Punjab and Haryana High Court has held that criminal proceedings against an accused under Section 304 cannot be quashed by invoking inherent powers...

Petition in Kerala HC for speedy disposal of Munsiff-Magistrate Case [Read Petition]

An early posting Petition has been filed before the Kerala High Court, seeking expeditious disposal of the writ appeal, filed before the division bench impugning the select list of Munsiff-Magistrate examinations. It has been alleged that the writ appeal was last posted on 18/12/15 pursuant to an early posting filed earlier, but has not been subsequently listed thereafter.In the petition filed...

Bribe Offer to Kerala HC Judge; Lawyers Forum moves AG seeking Contempt action

A petition has been filed by Indian Association of Lawyers (I.A.L), before the Advocate General seeking sanction to initiate contempt of court proceedings against those who have offered bribe to a Kerala High Court Judge Justice K.T. Sankaaran.As per the petition, it is stated that the attempt to bribe the judge resulted in interference with administration of Justice amounting to contempt...

Army Tribunal upholds the removal of a Muslim sepoy from Military Service for growing beard [Read Order]

The tribunal held that Regulation 665 of the Defense Service Regulations as constitutionally valid.Practice of wearing beard by a Muslim is only desirable and not an integral religious practice; said the Tribunal.The Armed Forces Tribunal (Kochi Bench), has upheld the order of dismissal of a military personnel ,who was discharged from military service for growing his beard, holding it to...

An Employee met with an Accident cannot claim Compensation under both MV Act and Workmen's Compensation Act; Uttarakhand HC [Read Judgment]

Uttarakhand High Court has recently held that a person, who met with accident, in any manner, being an employee, then he may claim compensation under either Motor Vehicles Act or Workmen's Compensation Act but he cannot be at liberty to claim such compensation under both the Acts.Justice Servesh Kumar Gupta has dismissed an Appeal filed by Dalbir Lal who already got the compensation under...

Madras Lawyers protest against Disciplinary Rules

Lawyers from more than 135 Bar Associations in Tamil Nadu and Puducherry have participated in a rally organised by Madras High Court Advocates’ Association in Chennai, demanding the withdrawal of new Amendments introduced by Madras High Court in the Disciplinary Rules under Advocates Act.Last Week the Madras High Court Advocates Association, in a unanimous resolution, has expressed...