Top Three News
Power Of The "N.I.A. Special Court" To Tender Pardon To An Accomplice
CONTENTS Heading I N N E R T I T L E S PARA NO A Introduction 1 B N.I.A Courts are Courts of Session 2 C N.I.A Courts to follow Sessions Procedure 4 D D.1. D.2. Procedure to be followed for tendering pardon in a case triable exclusively by a Court of Session Pre-commitment pardon in a case...
Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court
The Supreme Court, on Friday, held that reliefs in a suit which seeks to frustrate the defendants from initiating a prosecution against plaintiff or seeking any other legal remedy are barred by law and can be a ground for allowing an application filed under Order VII Rule 11 of the CPC, seeking rejection of plaint. A Bench comprising Justices M.R. Shah and B.V Nagarathna allowed...
Power Of Attorney Must Be Construed Strictly; Agent Can't Sell Without Express Authorisation : Supreme Court
The Supreme Court observed that the power to sell is not to be inferred from a document of Power of Attorney which has to be construed strictly.The agent would have the power to sell only if the document expressly authorize him/her (i) to execute a sale deed; (ii) to present it for registration; and (iii) to admit execution before the Registering Authority, the bench comprising Justices...
Distinction Between "Attachment Of Property" And "Charge Over Property": Gujarat High Court Explains
"Attachment creates no charge or lien upon the attached property. It merely prevents and avoids private alienations; it does not confer any title on the attaching creditors", the Gujarat High Court affirmed in a judgment. Justice JB Pardiwala was hearing a writ application under Art 226 wherein the Applicant had prayed for the issuance of a writ of mandamus for the quashment of the order...
National Company Law Tribunals; Reeling Under Poor Infrastructure
The National Company Law Tribunals (NCLT) were constituted in 2016 for adjudication of matters arising out of the Companies Act, 2013, and exclusive jurisdiction under the Companies Act was vested with the NCLTs. After the enactment of the Insolvency and Bankruptcy Code, 2016 in December 2016, NCLT has been vested with exclusive jurisdiction to deal with cases arising out of IBC. However, like any other tribunal, NCLTs have also received indifferent treatment from the government and...
Either Of The Spouse Can Claim Alimony Under Sec 25 HMA : Bombay High Court Directs Wife To Pay Maintenance To Husband
In a rare instance the Bombay High Court upheld two orders of the civil court in Nanded, directing a wife, working as a teacher, to pay Rs 3,000 maintenance to her husband by directing the school principal to deduct Rs. 5000 from her salary towards unpaid maintenance since August 2017. Justice Bharati Dangre rejected the wife's contention that since the couple's marriage had ended with...
'Crowd Was Unruly; Police Force Was Inadequate' : Delhi High Court Seeks Sealed Cover Report On Investigation Into Attack At Arvind Kejriwal's Residence
The Delhi High Court has sought a status report, in a sealed cover, on the investigation being carried out into the incident of attack and vandalism at Chief Minister's official residence on March 30.This was after the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla was informed that the Delhi Police, which is responsible for maintaining the CM's security,...
Courts And The Sexual Minorities: Transgender Day Of Visibility 2022
Back in 2009, Rachel Crandall (a US based transgender activist) took the initiative and since then March 31 is celebrated as International Transgender Day of Visibility. Sexual minorities all over the world have been facing stigma, discrimination and oppression but with time we saw how things are getting better with rising awareness amongst the citizens and judicial intervention. In India, the National Legal Services Authority v. Union of India ("NALSA judgment") was the first ...
New Motor Vehicles Act Provisions Effective From April 1: Limitation For MACT Claims, Removal Of 2nd Schedule & More
New provisions of the Motor Vehicles Act relating to third party insurance and filing of claims before Motor Accident Claims Tribunal will come into force from tomorrow, April 1, 2022.The Central Government has notified that Sections 50 to 57 and 93 of the Motor Vehicles (Amendment Act) 2019 will come into force with effect from April 1, 2022.A notification issued by the Ministry of...
BREAKING| NEET-PG :Supreme Court Cancels Mop-Up Round Counselling For AIQ; Opens 146 Additional Seats For Students Who Joined Round 2
In a major development, the Supreme Court on Thursday cancelled the All India Quota Mop-Up Round Counselling for NEET-PG 2021-2022 admissions in order to resolve the anomalies arising from the addition of 146 seats to the Mop Up Round which were not available to candidates in Rounds 1 and 2 of the AIQ.The Court has directed the holding of a Special Round of Counselling for the 146 seats and...
High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"
Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a case pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by...