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Justice May Be Tempered With Mercy In Exceptional Cases: J&K&L High Court Allows Symbolic Possession In Migrant Property Eviction Dispute
While reaffirming that justice must ordinarily be administered strictly in the manner prescribed by law, the Jammu and Kashmir and Ladakh High Court has underscored that in exceptional factual situations, courts cannot remain indifferent to human consequences.Observing that rigid statutory compliance may, in rare cases, require to be balanced with compassion, the Court held that justice...
Delhi High Court Bar Association Felicitates CJI Surya Kant, Urges For More Elevations From Bar
The Delhi High Court Bar Association (DHCBA) on Thursday felicitated Chief Justice of India, Justice Surya Kant, to honor his appointment as the country's top most judge.The felicitation function was organised by the lawyers' body in the lobby of Main Court Building, 'A' Block of the High Court.Lauding the DHCBA and its efforts over the years, CJI Kant said that having a membership of...
Auction Cancellation Must Be Based On Objective Criteria, Not Post-Facto Subjective Satisfaction: Rajasthan High Court
The Rajasthan High Court held that whether an auction bid was fair or competitive was not a post-facto subjective notion, rather an assessment founded on objective criteria, demonstrable from the auction proceedings themselves and recorded contemporaneously with clarity and specificity.While setting aside unilateral and unreasoned cancellation of auction post acceptance of deposit by the...
Solicitor General Objects To Lawyers Discussing Cases Handled By Them On Public Platforms
During the hearing of ED's plea concerning the I-PAC raid in West Bengal, Solicitor General Tushar Mehta today objected to lawyers speaking on public platforms about cases handled by them.Senior Advocate Kapil Sibal, who hosts a show on YouTube and has given press conferences on some important matters, countered the SG saying that Court judgments, once pronounced, are public property and can...
NGT Takes Suo Motu Cognizance Of Sewage Contamination In Drinking Water Across Rajasthan, MP And Uttar Pradesh
National Green Tribunal (NGT), Principal Bench, New Delhi, has taken suo motu cognizance of serious issues relating to sewage contamination in drinking water reported in multiple news items from Rajasthan, Madhya Pradesh and Uttar Pradesh.The matter has been initiated based on two media reports:“इंदौर जैसी त्रासदी की राह पर...
Appeal Against Acquittal In Bailable Offences Lies Only Before High Court, Not Sessions Court: Karnataka High Court
The Karnataka High Court recently set aside a conviction order passed by a Sessions Court, which had held the accused guilty of causing death by negligence. The High Court found that the State Government had wrongly filed an appeal before the Sessions Court challenging the order of acquittal passed by the trial court, even though the Sessions Court had no jurisdiction to entertain such...
Delhi State Commission Dismisses Appeal Alleging Sale Of Used Car; Holds Expert Evidence Mandatory To Prove Manufacturing Defect
The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Ms. Bimla Kumari (Member), has dismissed an appeal filed by a car pur-chaser alleging that a used vehicle had been fraudulently sold to him by M/s T.R. Sawhney Mo-tors Private Limited and Maruti Suzuki India Limited. Upholding the order of the District Commission, the...
HMA | Second Marriage During Subsistence Of First Marriage Doesn't Get Legitimized Upon Death Of First Wife: Orissa High Court
The Orissa High Court has held that solemnisation of second marriage, which is void ab initio, by a Hindu man during subsistence of his first marriage does not get legitimised/legalised upon the death of the first wife. While deciding the plea of the second wife of an ex-government employee for grant of family pension, the Division Bench of Justice Dixit Krishna Shripad and Justice...
Disciplinary Authority Can't Impose Major And Minor Penalty Simultaneously By Single Order: Patna High Court
The Patna High Court has held that a major punishment and a minor punishment cannot be “packaged” into a single composite order and imposed simultaneously. A Single Judge Bench of Justice Sandeep Kumar was hearing a writ petition filed by a Deputy Superintendent of Police challenging the punishment order by which he was visited with the penalty of withholding of five increments...
Gujarat High Court Orders Status Quo Over Demolition Of Cow-Shelter, Seeks Affidavit From District Collector On 'Conduct'
The Gujarat High Court on Thursday (January 15) directed status quo over demolition of a Gaushala (cow-shelter) located near a temple in Chotila, Surendranagar after the petitioner claimed that despite oral assurance given earlier today by the authorities action of removal was still being taken. For context, earlier in the day the counsel for the petitioner–a trust– had submitted...
Vigilance Court Can't Order Probe Into Private Complaint Against Public Servant Without Sanction Under PC Act: Kerala High Court
The Kerala High Court in a recent decision quashed an order made by the Special Judge (Vigilance) directing investigation into a complaint and the FIR registered against a public servant after noting that prior sanction as per Section 19 of the Prevention of Corruption Act was not received.Justice A. Badharudeen relegated the case back to the pre-cognizance stage and directed the Special Judge...












