News Updates
No Provision In CPC Which Enables Court To Appoint Guardian For A Missing Party: Delhi High Court
The Delhi High Court has observed that there is no provision in the Code of Civil Procedure which enables the court to appoint a guardian for a party before it which is missing.Justice C Hari Shankar added that Order XXXII Rule 15 of the Code envisages appointment of guardians only to protect the interests of persons who are adjudged to be of unsound mind or are found, on enquiry by the Court,...
If Respondent Does Not Avail Benefit Of Order 41 Rule 22 CPC In Appeal, Courts Not Obliged To Examine Correctness Of Finding In Review: Kerala HC
The Kerala High Court recently considered the ambit of Rule 22 of Order 41 of the Code of Civil Procedure and observed that where the respondent in an appeal does not choose to avail the benefit conferred by the said provision then it would not be obligatory for the Court to examine the correctness of the finding rendered in the impugned judgment in a review petition. The Division...
Delhi High Court Directs MCD To Ensure Paramedical Staff's Salary Is Not Withheld For Failing To Mark Attendance In Smart App
The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to ensure that salary of employees of its paramedical technical staff welfare association is not withheld on account of not being able to mark their attendance in the MCD SMART App, till October 28.Justice Rekha Palli issued notice on the plea filed by the welfare association challenging a communication dated August...
Depriving Married Daughter From Right Of Consideration For Compassionate Appointment Violates Articles 14 To 16: Rajasthan High Court Full Bench
In a significant development, a 3-judge bench of the Rajasthan High Court has observed that the use of the word 'unmarried' in Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 depriving a married daughter from right of consideration for compassionate appointment, violates the equality clause and cannot be countenanced.Notably, the...
Application For Opening Of New Medical College Must Be Accompanied By Consent Of Affiliation & NOC: Gujarat High Court
The Gujarat High Court has held that a 'No Objection Certificate' as well as Consent of Affiliation are mandatory at the time of making an application under the National Commission for Indian System of Medicine Act, 2020 in order for a Trust to open a new Medical College. Justice Aniruddha Mayee stated:"Therefore, the submission of No Objection Certificate as well as Consent of Affiliation...
Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused
The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses.The bench of Justice Subhash Vidyarthi observed that although the search and seizure were conducted at a Railway...
God Is Not A Fiefdom Of Ruling Party: Bombay High Court Cancels Appointment Of Managing Committee Of Sai Baba Shirdi Trust
Observing that trustees to a public trust must be appointed for the betterment of devotees and not for the "ruling government to accommodate their party workers or politicians," the Bombay High Court's Aurangabad bench quashed the appointment of the managing committee of the Sai Baba Shirdi Trust. A division bench of Justices RD Dhanuka and SG Mehare held that the committee chaired by...
Kerala's First Child-Friendly Family Court To Be Inaugurated At Kozhikode Today
Pursuant to the suggestions made by the Kerala High Court earlier this year, the Family Court at Kozhikode has become the first "child-friendly" Family Court in the State. Named 'Swapnakoodu', this first of its kind initiative in the State is a joint endeavour of the Calicut Judiciary and the Calicut Bar Association Committee, 2022. This novel venture is set to be inaugurated today by...
Why NOC Not Issued To 'Pakistani Hindu Migrants' Residing Without Electricity Since 5-6 Yrs? Delhi High Court Seeks Centre's Response
The Delhi High Court has sought the response of Central Government as to why no objection certificate (NOC) has not been issued to Pakistani Hindu migrants, residing in city's Adarsh Nagar area without electricity for the last five to six years. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it hopes and trusts that the Centre will...
Confession In Police Custody | 'Magistrate' U/S 26 Evidence Act Does Not Include Executive Magistrate: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the term 'Magistrate' appearing in Section 26 of the Evidence Act refers only to a Judicial Magistrate of first class or a Metropolitan Magistrate and no other class of Magistrates. The bench comprising Justice Sanjay Dhar observed: "Giving it any other construction would defeat the provisions contained in Section 164...
How Is A Judge Supposed To Handle Single Typed Set Of 800 Pages? Madras High Court Seeks Explanation From Registrar General
The Madras High Court recently directed its Registrar General to render an explanation as to how a judge can handle a single typed set (single volume) containing 800 pages. Justice R Subramanian sought an affidavit in this regard after it was informed that the Registry was insisting on filing single volume, even if the pages were in excess.A single volume, containing as many as 800 pages,...