[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC

A Petition has been recently moved before the Kerala High Court challenging the provision of the Special Marriage Act, to the extent that it mandates a waiting period of 30 days after submission of the notice of intended marriage. The Writ Petition was filed seeking a declaration that the mandatory waiting period is unconstitutional or a declaration that the 30 days period after submission of...

'Speedy Trial Is A Constitutional Right': Calcutta HC Quashes A 2011 Case Against Army Personnel Accused Of Outraging Woman's Modesty

While quashing criminal proceedings initiated against an Indian Army personnel by invoking its inherent powers under Section 482 of CrPC, the Calcutta High Court has recently underscored that the right to a speedy right is a constitutional right. Justice Siddhartha Roy Chowdhury observed,“Right to have speedy trial since been considered as constitutional right, I consider it expedient...

Disciple Rape Case| Gujarat Court Sentences Self-Styled Godman Asaram To Life Imprisonment

A Court in Gujarat's Gandhinagar District today sentenced Self Styled Godman Asaram to life imprisonment in connection with a case in which he was convicted yesterday for repeatedly raping a disciple in his Ahmedabad based Ashram.aIt may be noted that yesterday, the Court convicted him in the case while acquitting six others including his wife, son, and daughter in the matter. Asaram has...

Tripura High Court Expresses Concern Over Attack At Former CM Biplab Deb’s Residence, Says Police Could Have Been More Diligent

The Tripura High Court last week expressed concern over the recent attack at former Chief Minister and Member of Parliament Biplab Kumar Deb's residence. The court had taken suo motu cognizance of the matter on the basis of news reports published in the local newspapers with regard to the incident. According to the reports, the CPI(M) "assailants" allegedly ransacked and damaged a...

‘Unhealthy Pattern Of Not Filing Responses In Time, Will Impose Costs If Time Schedule Not Adhered To’: Delhi High Court Warns Govt Authorities

Taking exception to the “unhealthy pattern” of not filing status reports and affidavits in time, the Delhi High Court has cautioned the government authorities, state departments and corporations that costs would be imposed if the time schedule for pleadings fixed is not adhered to.Justice Prathiba M Singh observed that usually all the governmental authorities, despite specific directions,...

Appoint Guest Lecturers In Govt Colleges Only If They Meet Minimum Educational Qualification Prescribed By UGC: Karnataka HC To State

The Karnataka High Court has suggested to the State Government to appoint guest lecturers in government colleges only if they meet the minimum educational qualification prescribed by the UGC. A single judge bench of Justice B M Shyam Prasad made the observation while disposing of a batch of petitions filed by guest lecturers questioning the government order dated 14.01.2022,...

Flogging Of Stone Pelting Accused| '5 Cops Prima Facie Found Guilty In Disciplinary Inquiry': Gujarat Govt Submits In High Court

The Gujarat Government on Monday submitted before the Gujarat High Court that it has found 5 policemen, including a police inspector, prima facie guilty in connection with the case of flogging of certain accused who allegedly pelted stones at a Gabra event in Gujarat's Kheda District in October last year.The submission was made before the Bench of Justice N. V. Anjaria and Justice Niral R....

PM CARES Fund Is A State, High Constitutional Functionaries Have Represented It As Govt Of India’s Initiative: Sr Adv Shyam Divan To Delhi High Court

Senior Advocate Shyam Divan on Tuesday told Delhi High Court that PM Cares Fund is a State under Article 12 of the Constitution of India and that highest constitutional functionaries have represented it to be an initiative of the Government of India and called for donations and contributions from public. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad...

Even Typographical Errors In Dossier Copied By Magistrate, No Application Of Mind: JKL High Court Quashes Preventive Detention Of Alleged LeT Aide

The Jammu and Kashmir and Ladakh High Court on Monday observed that every case in which preventive detention of any citizen of India is sought by law enforcement agencies, the same demands a very fact-sensitive and law-centric application and approach of mind.A bench of Justice Rahul Bharti quashed a preventive detention order against a detenue, who was "painted and portrayed" as an aide...

Delhi High Court Quashes Order Barring Tour Operator From Applying For Haj Group Operator Registration, Orders Refund Of Forfeited Security

The Delhi High Court on Monday quashed and set aside an order which debarred a private tour operator from applying for being enlisted as a Haj Group Operator (HGO) for a period of 05 years. Centre had also forfeited the tour operator's security deposit of Rs 25 lakhs. The court has said the petitioner Al Sudais Haj and Umrah Service shall be entitled to refund of the security deposit....

Mere Holding Of In-Charge Post For Certain Years Does Not Create Any Equity In Favour Of The Person Holding It: Manipur High Court

The Manipur High Court has held that mere long continuance of the in-charge post could not create any equity in favour on the person holding the in-charge post. It was the case of the petitioner that he is serving as principal in-charge at LMS Law College, Imphal for more than 10 years. MPSC issued an advertisement on 27.10.2018 calling for applications for the post of Principal...

[Assam Rifles] No Parity Between Combatised & Non-Combatised Personnel, Denial Of Ration Money Allowance To Latter Not Arbitrary: Meghalaya HC

Observing that there was no parity between non-combatised and combatised personnel in paramilitary force Assam Rifles on account of their nature of service, the Meghalaya High Court on Monday held that the principle of ‘Equal Pay for Equal Work’ had no application for the grant of ration money allowance to non-combatants posted in operational areas and the denial of the same cannot be...