News Updates
District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court
While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter.While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the District Collector...
South Delhi Illegal Constructions: High Court Orders CBI To Not Act On Lokpal Order For Probe Against MCD Officials
The Delhi High Court on Wednesday asked the Central Bureau of Investigation (CBI) to not act on the order passed by Lokpal of India directing the central agency to initiate a probe against officials of the Municipal Corporation of Delhi (MCD) over a complaint alleging illegal and unauthorized constructions in South Delhi area."Considering the nature of matter, in the meantime, the CBI shall...
NDPS Act: All India High Court Cases 2022
LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS CaseCase Title: Shankar Varik @ Vikram v. Union of...
[Promissory Estoppel] Govt Subsidy Cannot Be Withdrawn With Retrospective Effect Particularly When Other Party Takes Steps: Kerala High Court
The Kerala High Court recently observed that action of taking away the benefits of concession/ subsidy promised by the government can only be done prospectively. Justice Amit Rawal observed that,Principle of promissory estoppel arises while extending the promise if steps have been taken where the benefit cannot be taken away after expiry of number of years. There is no bar for the Government...
Section 498A IPC | Mental Cruelty Possible Even If In-Laws Reside Separately: Bombay High Court
The Bombay High Court recently observed that mental cruelty is an abstract concept and can be committed even if in-laws reside separately."The mental cruelty is an abstract concept and it is a matter of experience for a person who is subjected to cruelty … Sometimes, the taunts might be seen to be innocuous by one person, while they may not be necessarily so perceived by another person …...
Sree Narayana Trust Office Bearers Involved In Criminal Offence Relating To Trust Barred From Holding Office Till Disposal Of Case: Kerala High Court
The Kerala High Court recently approved the modification of the scheme of Sree Narayana Trust. The Scheme was framed pursuant to a judgement of the court in a 1972 case and clause 34 permits any member of the Board of Trustees to approach high court for appropriate modification.While the clause 34A of the Scheme permits members of the Board of Trustees to move civil court against office...
BCI Extends Last Date For Registration For AIBE To January 18; Examination Date Remains Same
The Bar Council of India has extended the last date for registration for the XVII Edition of the All India Bar Examination to January 18. A notice on the website of the Bar Council of India issued by the Office of the BCI read:"Based on the request received from many candidates, the last date for Registration of AIBE is extended to 18.01.2023."Earlier, the last date which was set for...
Plea Of Juvenility Can Be Raised Even After Conviction, Sentence: Punjab & Haryana High Court
The Punjab and Haryana High Court has observed that the plea of juvenility can be raised by a person even after the disposal of the case in terms of conviction and sentence, as per which plea, the authorities shall be bound to conduct an age determination inquiry. The Court was dealing with a petition filed by a person who had committed an offence at the age of a little over 16...
Delhi Higher Judicial Services: High Court Rejects Plea Seeking Appointment Against Unfilled SC/ST Reserved Vacancies
The Delhi High Court has dismissed a candidate's plea seeking appointment as a judicial officer against the unfilled vacancies which were reserved for Scheduled Castes and Scheduled Tribes candidates in the Delhi Higher Judicial Service Examination - 2022.A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan observed that the petitioner candidate does not have any indefeasible...
Munsiff Magistrate Trainee Not A Judicial Officer, Not Barred For Appointment As District Judge After Seeking Permission: Kerala High Court
The Kerala High Court on Thursday held that where a person had not been a judicial officer either on the date of submission of application for appointment as the District Judge, or on the date of his appointment as such, and he had only been a Munsiff-Magistrate trainee, the same would not be a bar for his appointment to the post of District Judge. Justice Anu Sivaraman passed the above order...
Allahabad High Court Denies Anticipatory Bail To Man Accused Of Luring 90 Hindus To Convert To Christianity
The Allahabad High Court last week denied anticipatory bail to a man accused of luring 90 Hindus to convert to Christianity by putting them under undue influence, coercion by playing fraud, and promise of easy money, etc. Stressing that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only, the bench of Justice Jyotsna Sharma denied the relief as it did...
Electricity Dept Has No Business To Check Property Ownership Of Consumer: Kerala High Court
The Kerala High Court recently held that where a civil dispute is pending before the Civil Court, the Electricity Department ought to be circumspect in entertaining a complaint, unless there is gross violation of provisions of the Act.Justice Amit Rawal passed the above order in a petition that was filed challenging the communication issued by the Electricity Board to the petitioner, asking...