Centre Notifies Transfer Of 6 High Court Judges

The Central Government has notified the transfer/repatriation of following High Court judges,Justice Ahsanuddin Amanullah (Andhra Pradesh High Court to Patna High Court);Justice Chitta Ranjan Dash (presently Orissa High Court to Calcutta High Court);Justice Subhasis Talapatra (Tripura High Court to Orissa High Court);Justice Lanusungkum Jamir (Manipur High Court to Gauhati High...

Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court

The Kerala High Court on Tuesday while granting interim anticipatory bail to actor Vijay Babu in a rape case observed that the accused being abroad does not disentitle him from having his anticipatory bail application considered. Justice Bechu Kurian Thomas however clarified that this observation was made only for considering the grant of interim protection from arrest. "I am of the view...

Senior Lawyers With 20 Yrs Experience Must Guide At Least 15 Juniors, Opines Supreme Court

A vacation bench of the the Supreme Court on Tuesday orally remarked that every senior lawyer who has 20 years of experience in the Bar must undertake to guide at least 15 junior lawyers. Asking the Senior Advocates to devise some modalities to impart guidance to juniors on court-craft and etiquette, the vacation bench of Justices Ajay Rastogi and BV Nagarathna said, "Every senior...

Gyanvapi Mosque Survey Videos, Pics Not To Be Made Public Without Court's Permission: Varanasi Court

The Varanasi Court yesterday allowed the parties to the ongoing Kashi Vishwanath-Gyanvapi Mosque dispute to get the copies of the videos and photographs taken by the Court-appointed survey commission. The Survey report, videos, and pictures were submitted in court on May 19.The Court's May 30 order came with a caveat that in view of the sensitivity of the case, the videos and photographs shall...

Supreme Court Quarterly Digest 2022 - TAX (Jan - Mar)

Constitution of India, 1950 - Levy of Excise Duty - State Legislature has no authority to levy duty or tax on alcohol, which is not for human consumption as that could be levied only by the Centre - State only empowered to levy excise duty on alcoholic liquor for human consumption. State of Orissa v. Utkal Distilleries Ltd; 2022 LiveLaw (SC) 240 Constitution of India, 1950; Article 226...

Mentally Disabled Persons Entitled To Have Assessment Done At Their Homes For Disability Certificate : Madras High Court

In a verdict emphasizing the right to dignity of mentally disabled persons, the Madras High Court held that they are entitled to have the assessment done at their residences for the purposes of getting disability certificate under the Rights of Persons with Disabilities Act 2016.A single bench of Justice GR Swaminathan issued the direction after taking note of the hardships underwent by...

Supreme Court Quarterly Digest 2022 - MOTOR ACCIDENT CASES (Jan- Mar)

Motor Accident Compensation Claims - Enhanced the compensation payable to over Rupees 50 Lakhs in a motor accident case where appellant has been rendered paralysed for life after he met with an accident as a 5 year old boy in 2010 - The appellant is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation and bed sore. Master...

Don't Share Photocopies Of Aadhaar; Unlicensed Entities Like Hotels Can't Keep Aadhaar Cards : UIDAI

UPDATE : UIDAI has withdrawn this press release on May 29.The Unique Identification Authority of India (UIDAI) has warned the general public not to share photocopy of one's Aadhaar with any organizations because it can be misused. Alternatively, a masked Aadhaar which displays only the last 4 digits of your Aadhaar number can be used for the purpose. It can be downloaded from UIDAI...

Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: "Court shall reject a plaint: (a) where it does not disclose a cause of action; (b) where the relief...

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...

"Illegal Detention" : Delhi High Court Dismayed At Prisoner Not Getting Release Despite Bail Due To Delay In Age Verification By Police

"Just because he's poor, he's being given step-motherly treatment?", the bench asked.

Supreme Court Quarterly Digest 2022- IBC (January - March)

Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates its order, especially when NCLT...