News Updates
Promotion Cannot Be Denied Merely Because Criminal Proceedings Are Pending Against The Employee: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Wednesday reiterated that promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee and to deny such benefit, they must be at the relevant time pending at the stage when charge memo/charge-sheet has already been issued to the employee. A bench comprising Justice Javed Iqbal Wani...
Civil Courts Obliged To Await Mediation Report Before Passing Further Orders When Parties Referred For Mediation: Kerala High Court
The Kerala High Court recently held that when a civil court has referred parties to a civil suit to mediation under Section 89 of the Civil Procedure Code, there is an obligation to await the mediation report before passing further orders in the suit. Justice C.S. Dias, while adjudicating the matter, and deciding as to whether the court below had erred in dismissing the suit as 'not...
Prayagraj Violence: Local Court Denies Bail To Welfare Party Of India Leader Javed Mohammad
A local court in the Prayagraj District of Uttar Pradesh on Thursday denied bail to the prime accused in the June 2022 Prayagraj Violence case, Javed Mohammad. The Uttar Pradesh police have alleged that he had given a call for the protest (which turned violent) against the controversial statements of BJP leader on the Prophet Mohammad.Denying him bail, the Additional Sessions Judge Ratnesh...
Protest Using Animals Would Amount To 'Animal Cruelty': Madras High Court
While dismissing a man's petition seeking permission to conduct a democratic protest using a buffalo, the Madras High Court held that such action would amount to animal cruelty. The bench of Justice Sathish Kumar observed that keeping the animal at the place from morning to evening cannot be permitted as it would amount to cruelty and would be in violation of the Prevention of Cruelty...
Varavara Rao Will Not Make Media Statements On Bhima Koregaon Case: NIA Court Sets Bail Conditions
A special NIA court in Mumbai set 12 bail conditions for Telugu poet Dr P Varavara Rao accused in the Bhima Koregaon case, including a restriction on talking about the case at any media forum.Rao was recently granted bail by the Supreme Court on medical grounds."He shall not make any statement in regard to the matter in any form of media i.e. print media, electronic media, social media,...
Fake Lawyer Case: Madras HC Directs Bar Council To Verify Advocates' Antecedents Before Permitting Them To Hold Posts In Statutory Committees
The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to verify the antecedents of lawyers before they are permitted to hold significant positions in the statutory committees. The direction was made while dealing with a habeas corpus petition by a mother seeking production of her 17-year-old adopted son, whereby the Court had come across a 'fake lawyer'.The...
Arbitral Tribunal Not Barred Under Section 79 Of The RERA Act From Passing An Order Of Injunction: Bombay High Court
The Bombay High Court has ruled that the Arbitral Tribunal is not a Civil Court within the meaning and purview of the Code of Civil Procedure, 1908 and thus, the arbitral proceedings cannot be said to be barred under Section 79 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act). The Single Bench of Justice G.S. Kulkarni held that the bar of Section 79 of the RERA...
'Let Down All Education': Madras HC Upholds Doctor's Suspension For Creating Fake Medical Certificate For Land Grabbing
The Madras High Court recently dismissed an appeal filed by a doctor challenging the order of removal of his name from the medical register for a period of two years after observing that he had issued a fake medical certificate for wrongfully gaining property and thus had committed professional misconduct. The bench of Chief Justice Munishwar Nath Bhandari and Justice...
Heated Exchanges Erupt Between Calcutta HC Lawyers & Judge Over Allowing Journalists To Video Record Hearing
In an unprecedented development, a heated verbal exchange took place between Justice Abhijit Gangopadhyay and lawyers of the Calcutta High Court on Thursday after the judge allowed journalists present in the courtroom to make a video recording of the hearing pertaining to the illegal appointment of teachers in the state-run schools of West Bengal. Justice Gangopadhyay had directed six...
Statutory Power Of Authority Not Diluted Merely By Mention Of Wrong Provision While Exercising Such Power: Gujarat High Court
The Gujarat High Court has reiterated that merely because a wrong provision is quoted by the authority for exercising its power, it would not invalidate the order if it is shown that such an order could otherwise be passed under other provisions of the statute. Accordingly, Justice AS Supehia declined to quash an order of eviction against the writ petitioner by holding: "The...
Karnataka High Court Upholds Constitutional Validity Of S.394 CrPC For Abatement Of Appeals On Death Of Accused
The Karnataka High Court has dismissed a petition assailing the constitutional validity of section 394(1) of the Code of Criminal Procedure, 1973, which provides for abatement of criminal appeals on the death of accused. A single judge bench of Justice Krishna S Dixit dismissed the petition filed by G Varadaraju and said, "The proceedings for criminal prosecution of offenders...