Departmental Promotion Committee Not Convening Alone Not Special Circumstance To Confer Retrospective Promotions: Meghalaya High Court

The Meghalaya High Court on Monday held that retrospective promotions are permissible on the consideration of a special circumstance surrounding a particular case but non-sitting of "Departmental Promotion Committee” (DPC) is not a special circumstance to confer this career advancement retrospectively.The observation came from Justice H. S. Thangkhiew while hearing a plea in terms of...

Calcutta High Court Sets Aside Conviction Over Non-Recording Of Statement U/S 313 CrPC, Remands Case Back To Trial Court

Setting aside the order of conviction and sentence against all accused in a culpable homicide case on the ground that one of the accused’s statement under Section 313 of the CrPC had not been recorded, the Calcutta High Court last week remitted the matter back to the trial court.A division bench of Justice Debangsu Basak and Justice Shabbar Rashidi adopted the procedure followed by the...

Bar Council Of Kerala To Initiate Proceedings Against Advocate Saiby Jose Kidangoor On Bribery Allegations

The Bar Council of Kerala on Monday decided to initiate suo motu disciplinary proceedings against Advocate Saiby Jose Kidangoor, the President of the Kerala High Court Advocates Association, who is now facing allegations of having taken money from clients in the name of bribing judges. The Bar Council took the decision in the emergency meeting convened today. In the meeting presided over by...

Delhi Court Directs Tihar Jail Authorities To Provide Calling Facility For Five Minutes Thrice A Week To Umar Khalid, Sharjeel Imam & Others

A Delhi Court on Monday directed Tihar Jail authorities to provide inmate calling facility for five minutes thrice a week to Umar Khalid, Shifa-ur-Rehman, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Athar Khan and Tasleem Ahmed, who are accused in the larger conspiracy case concerning 2020 North-East Delhi riots. Additional Sessions Judge Amitabh Rawat said that the facility shall be...

Order XVI Rule 1 CPC | Opportunity To Examine Vital Witness Can't Be Denied Only Due To Failure To Show Reason For Omitting Name In Witness List: Bombay HC

The Bombay High Court held that failure to show reason for not including witness names in the witness list under Order XVI Rule 1(1) of CPC alone cannot be a reason to disallow the plaintiff from examining witnesses who are vital for determining the dispute.Justice Sandeep V. Marne, while upholding trial court’s order allowing the plaintiff to examine two witnesses held – “even...

Muslim Women Can Approach Family Courts For 'Khula', Self Declared Bodies Like ‘Shariat Council’ Can’t Certify Dissolution Of Marriage: Madras High Court

The Madras High Court has said that the Shariat Councils are neither courts nor arbitrators and thus they cannot pronounce or certify dissolution of marriage by Khula.Justice C Saravanan quashed a Khula certificate issued by the Shariat Council and directed a woman and her husband to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their disputes."Thus, while it...

Odisha Chief Minister Lays Foundation Stone Of High Court’s Centre For Judicial Archives

The foundation stones for the 'Centre for Judicial Archives' of Orissa High Court and High Court employees' residential complex were laid by the state Chief Minister Naveen Patnaik in the presence of Justice Vineet Saran, former Judge of the Supreme Court. Chief Justice of Orissa High Court Dr. S. Muralidhar alongwith other judges of the High Court attended the...

Courts Must Realise Their Limitations, Needless Interference In Commercial Matters Can Cause Havoc: Calcutta High Court

Observing that the State must be given a sufficient leeway in tender processes to ensure that commercial activities of the government do not come to a grinding halt, the Calcutta High Court recently cautioned writ courts from needlessly interfering in commercial matters. A division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj said:“The Courts must realise...

165 Death Sentences Awarded By Trial Courts In 2022, Highest Ever In A Year Since 2000 : Project 39A Report

In 2022, trial courts imposed the largest number of death sentences in a single year since 2000 while the death row population was the highest it has been since 2004. These trends stand in stark contrast to the efforts by the Supreme Court to reform the death penalty sentencing framework, setting up the first Constitution Bench since Bachan Singh v. State of Punjab to review the...

Six Indian Lawyers Awarded NISAU India-UK Achievers Award

The National Indian Student and Alumni Union (NISAU), UK recently announced the winners of its India-UK Achiever's award, and the list features six Indian lawyers for their contributions to the field of law.The Achiever's award was presented to 75 Indian students and alumni, who had pursued a British programme of study, and have gone on to achieve excellence in their field, to celebrate the...

Gorakhnath Temple Attack Case 2022: Lucknow NIA Court Awards Death Penalty To Convict Ahmed Murtaza Abbasi

A Special NIA Court in Uttar Pradesh's Lucknow District today awarded death penalty to one Ahmad Murtaza Abbasi who was arrested last year in April on the allegations of forcefully entering the Gorakhnath Temple last year in April and attacking security personnel deployed at the premises with a sickle.After hearing the case continuously for 60 days, Special judge of the ATS court...

Accused Has Valuable Right To Be Heard, Revision Petition Against Order Directing Registration Of FIR Maintainable: Delhi High Court

The Delhi High Court has observed that a revision petition filed against an order directing registration of FIR is maintainable as such an order is not an interlocutory order. The accused has a valuable right to be heard, said the court.Justice Jasmeet Singh said the registration of FIR affects the fundamental right and freedom of an accused. The person can be summoned for investigation,...