Madras High Court Monthly Digest - July 2022 [Citations 277-325]

Citations: 2022 LiveLaw (Mad) 277 To 2022 LiveLaw (Mad) 325 NOMINAL INDEX S.Sarath Kumar v. The District Collector and another, 2022 LiveLaw (Mad) 277 M/s. Dishnet Wireless Limited versus the Assistant Commissioner of Income Tax (OSD), 2022 LiveLaw (Mad) 278 Ganesan v. SHO and another, 2022 LiveLaw (Mad) 279 M/s. Redington (India) Limited versus Principal...

Inter-Country Adoptions: Delhi High Court Directs Presence Of CARA's CEO Over Failure To File Response

The Delhi High Court has sought for the presence of CEO of Central Adoption Resource Authority (CARA) over the authority's failure to file a timely response in a bunch of petitions concerning inter-country adoptions. The development came after Justice Pratibha M Singh in February this year sought response of CARA on the framework for facilitating adoptions in case of children who have...

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that pursuant to the provision under Order XLVII Rule 9 CPC, a review of an order passed in a review petition is not maintainable. The Court observed that a clear reading of the provision clearly bars a "second review" application. The bench comprising of Chief Justice Ravi Malimath and Justice Vishal Mishra further distinguished the power of...

Bombay High Court Disallows Maratha Community Candidates To Avail Retrospective Benefits Under EWS Category In MSEDCL Recruitment Drive

The Bombay High Court has declared as "unjustified" and "Illegal" Maharashtra Government's decision to allow members of the Maratha community to avail benefits under the Economically Weaker Section (EWS) category midway through an electricity distribution recruitment drive. The court said that Maratha community candidates (SEBC candidates) were aware that their selection process would...

[De-Recognition Of Private School] DEO Required To Take Steps To Declare Eligible Employees 'Surplus' & Absorb Them In Other Schools: Gujarat HC

The Gujarat High Court has made it clear that where any private school is de-recognized, the District Educational Officer is required to take steps for declaring the eligible school staff as 'surplus' and absorb them in other schools.The clarification comes in light of a State policy that whenever the employees of private secondary school are required to be retrenched either due to the...

S.451 CrPC | Custody Of Property Subject Matter Of Offence Should Not Be Retained Unless "Absolutely Necessary": Sikkim High Court

The Sikkim High Court recently observed that the power under Section 451 CrPC regarding custody and disposal of property involved in any offence should be exercised expeditiously and judiciously. Justice Bhaskar Raj Pradhan observed,"As the seizure of the vehicle by the police amounts to its entrustment to a government servant, the idea is that the vehicle should be restored...

Mofussil Pleadings Are To Be Considered As A Whole, Liberally & Must Be Construed Reasonably: Tripura High Court

The Tripura High Court recently observed that mofussil pleadings, i.e. poorly drafted pleadings, should be considered as a whole, liberally and must be construed reasonably.The observation came from a division bench of Justices Arindam Lodh and SG Chattopadhyay in a property dispute.The plaintiff-appellant submitted that defendants/respondents have admitted in their earlier suit...

"Death Date Immaterial Under UP Govt's Ex-Gratia Payment Policy If COVID Was Detected Within 30Days Of Local Polls Duty": Allahabad HC

Stressing that the protection of the life of the individuals engaged in election duty during COVID-19 is an absolute duty of the State, the Allahabad High Court has ordered the State Government to release the ex-gratia payment to the dependents of such individuals who died due to COVID in and around their election duty during COVID-19 second wave (April-May 2021). The bench of...

Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically: Gujarat High Court Reiterates

The Gujarat High Court has reiterated that a Government employee is entitled to avail the benefits of medical facilities without any fetters, and that their claim for reimbursement should not be denied by the State mechanically.The Bench of Justice Biren Vaishnav extensively relied on the decision of a Coordinate Bench in Chanrakant Kantilal Dave v. State of Gujarat to order full reimbursement...

Conscious Possession Is 'Core Ingredient' To Establish Guilt Under Arms Act: Delhi HC Quashes FIR Against US Citizen Carrying Cartridge At IGI Airport

Relief is subject to him supplying mosquito repellent and hand sanitizer to primary school students.

Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC

While allowing a revision application under Section 397 of CrPC seeking quashing of a judgement convicting the Petitioner under Section 138 of Negotiable Instruments Act, the Gujarat High Court reiterated the distinction between Sections 482 and Sec 320 of the Code. Section 320 CrPC prescribes power of Court to compound certain offences. Section 482 CrPC is inherent power of High Court....

Allahabad High Court Weekly Round Up: July 25 To July 31, 2022

NOMINAL INDEX Srinivas And Ors. v. State of U.P. and Another 2022 LiveLaw (AB) 339 Jai Krishna Dubey@ Raj Dubey And 4 Others Vs. State of U.P. and Another 2022 LiveLaw (AB) 340 Ashish Mishra @ Monu v. State of U.P. 2022 LiveLaw (AB) 341 Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremation v. State Of U.P. Thru Additional Chief Secretary Home And Ors....