Justice Sunil Thomas Appointed As Judicial Member In CAT Ernakulam Bench

Central Administrative Tribunal (CAT) on Wednesday appointed Justice Sunil Thomas, former judge of the Kerala High Court, as the Judicial Member in its Ernakulam bench. Justice Thomas may assume charge by September 9. The office order issued by the Joint Registrar reads as follows: "In pursuance of Government of India, M/o Personnel, Public Grievances and Pensions, Department of Personnel...

AIADMK Leadership : Madras High Court Orders Status Quo Ante As On June 23, Says No To General Council Meeting Without Joint Consent Of OPS & EPS

The Madras High Court on Wednesday ordered to conduct a fresh General Council Meeting of the AIADMK party. The court also ordered the status quo ante, as existed on June 23, before the General Council meeting took place on July 11. The court observed that only the coordinator and the joint coordinator had the powers to convene the General Council. Thus the court in effect canceled the...

Govt Itself Permitted Businesses To Run 24x7, Police Cannot Restrict The Time On Their Own: Madras High Court

While hearing a shop owner's plea to direct the police not to interfere with his business during late night hours, the Madras High Court noted that the Government of Tamil Nadu has already passed orders permitting shops in the State to run 24x7. In such a situation, the police cannot interfere with the business, except in case of any law-and-order situation. Justice N Satish...

Party Seeking Appointment Of Arbitrator U/S 11(6) Must Demonstrate Failure By Other Party In Following Procedure: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that a party seeking appointment of an arbitrator through the intervention of the court must demonstrate that there was a failure by the other party in following the procedure and accepting the request for the appointment of an arbitrator before approaching the court. A bench comprising Chief Justice Pankaj Mithal was...

Failure To Raise 'Probable Defence' Or Deny Issuance Of Cheque & Signature Thereupon Strengthens Presumption U/S 139 NI Act: Himachal Pradesh HC

The Himachal Pradesh High Court has observed that if the drawer of a cheque fails to raise a "probable defence" or to contest the existence of a legally enforceable debt or to deny the issuance of the cheque and signatures thereupon, the statutory presumption in favour of cheque holder under Section 139 of Negotiable Instruments Act comes into play. The observation came from...

Preliminary Issues Are Determined Purely On Point Of Law In Isolation To Facts: Tripura High Court

The Tripura High Court recently observed that main controversies in a suit cannot be adjudicated as 'preliminary issues' as they require a full fledged trial and leading of evidence. Justice T. Amarnath Goud added that issues to be determined preliminary would exclusively and purely be on law point in isolation to facts but not mixed question of law and fact.The bench observed,"Issue which is...

Kerala High Court Urges Authorities to Expedite Action To Mitigate Human-Wildlife Conflicts

The Kerala High Court recently asked the concerned authorities to speed up the process of implementing the guidelines proposed to deal with human-animal conflict in the State. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that though proposals had already been introduced to deal with the issue, they were yet to be implemented in practice."In as much as...

Motor Accident | Literate Claimants Can Exercise Discretion, Tribunals Must Avoid Investing Their Money In FDRs Without Recording Reasons: Gujarat HC

The Gujarat High Court has permitted the premature withdrawal of Fixed Deposit Receipt of the compensation awarded in Motor Accidents Claims to an Air Force person who intended to purchase a house for his permanent residence. Justice Gita Gopi stated: "The deposited money are of the claimants. The literates can prudently exercise discretion, manage their funds and can individually...

Plastic Bottles Make Water Poisonous, Harm Environment: Madras High Court Asks Centre To Find Alternatives

Expressing concern over the distribution of water in public places through plastic bottles and bubble top cans, the Madras High Court has directed the Central government to come up with effective alternative packaging solutions.The bench of Justices S Vaidyanathan and PT Asha was hearing a pleas relating to "plastic ban" in the State. It observed, "insofar as drinking water stored in...

Years Of Service Alone Does Not Entitle A Daily Wager To Regularization, Eligibility To The Post Paramount Consideration: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh recently ruled that the completion of seven years of continuous service alone would not entitle a daily wager for regularization, unless other eligibility conditions were fulfilled. A bench comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani was hearing an appeal against the single bench judgment passed in favour of...

Sexual Harassment Complaint Will Not Prima Facie Stand When Woman Was Wearing Sexually Provocative Dress : Kerala Court In Bail Order

While granting anticipatory bail to author and social activist Civic Chandran in a sexual harassment case, a Kerala Court observed that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses'.The 74-year-old accused had produced the photographs of the woman along with the bail application."The...

Disclosure Statement Of Co-Accused U/S 27 Evidence Act Not Legal Evidence Qua A Non-Maker Accused: Bombay High Court

The Bombay High Court has recently observed that a disclosure statement made by a co-accused under Section 27 of the Evidence Act is not legal evidence qua a non-maker accused.The bench of Justice Nijamoddin Jahiroddin Jamadar observed thus while granting bail to one Raju Jokhanprasad Gupta in a case registered against him under Section 307 of IPC [Attempt to murder].The case (as alleged)...