Retired Judges Refusing Tribunal Appointments Due To Lack Of Facilities; Fault Lies With Centre : Supreme Court

"Please treat former Chief Justices, former Judges, who accept your posts with dignity," the Court told the Centre.

Threatening Tenant With Eviction Does Not Amount To Criminal Intimidation U/S 506 IPC: Calcutta High Court

The Calcutta High Court has held that even in cases where the tenant alleges that the landlord had threatened him with unlawful eviction, the same cannot amount to the offence of criminal intimidation under Section 506 of the Indian Penal Code (IPC).Justice Dr Ajoy Kumar Mukherjee held: "Even if for the sake of argument if it is taken to be true that the petitioners have threatened the...

Gujarat High Court Stays IBBI Disciplinary Committee's Order Suspending Resolution Professional For 6 Months

The Gujarat High Court last week stayed an order issued by Insolvency and Bankruptcy Board of India (IBBI) which had suspended the registration of an insolvency resolution professional for six months pursuant to disciplinary proceedings. The court passed the order after the petitioner questioned the procedure by which the disciplinary proceedings were conducted. Justice Mauna M Bhatt...

IO Who Conducted Part Of Investigation Can Be Examined By Prosecution Despite Omission Of His Name In Final Report: Kerala High Court

The Kerala High Court recently passed a judgment directing the trial court to summon and examine as prosecution witness one of the investigating officers whose name was not included in the final report filed in a criminal trial.Justice G. Girish was considering an original petition filed by the accused on being aggrieved by the trial court's order denying his prayer to examine a...

SARFAESI Act | Not Mandatory For Borrowers To Sign Securitisation Application When They Have Signed Vakalatnama: Rajasthan HC

The Rajasthan High Court has set aside the order of the Debt Recovery Tribunal (“DRT”) where a Securitisation Application (“SA”) submitted by the petitioner was rejected, after being initially entertained, on the ground that not all the borrowers had signed the SA. The court opined that it was not mandatory for all the applicants to sign the same or the supporting affidavit.Justice...

S.528 BNSS | High Courts Can Exercise Inherent Jurisdiction To Permit Withdrawal Of Criminal Appeals Preferred By Convicts: Kerala High Court

The Kerala High Court recently permitted the withdrawal of two criminal appeals filed by convicts by exercising the inherent power available to it under Section 528 of Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 482 of Code of Criminal Procedure).Justice Gopinath P. clarified that such power to permit withdrawal of appeals is available only to the High Courts and not...

S. 223 CrPC/S. 243 BNSS | Supreme Court Lays Down Principles For Joint Trial In Criminal Cases

Interpreting Section 223 Cr.P.C (now Section 243 BNSS), the Supreme Court held that a joint trial is permissible where multiple accused are involved in offences arising out of the same transaction and a separate trial would be warranted only if the acts attributed to each accused are distinct and severable. The Court laid down the following propositions regarding the joint trial:- (i)...

Supreme Court Seeks States' Responses To Applications Seeking Stay Of Anti-Conversion Laws

The States such as UP, Haryana, MP, Gujarat, Haryana, Uttarakhand, HP etc were given 4 weeks ' time for their responses.

Mere Inability To Adjust With In-Laws Compelling Wife To Live Separately Is Not Mental Cruelty: Calcutta High Court

The Calcutta High Court has held that the mere inability of a wife to adjust with her in-laws, leading her to live separately, does not amount to mental cruelty as defined under Section 498A of the Indian Penal Code.Justice Dr. Ajoy Kumar Mukherjee held: "There is also no material to suggest that there had been any wilful conduct on the part of husband or any in law of such a nature as was...

Executive Officer (Group – B) Vacancy At Municipal Corporation Urban Local Bodies Department, Haryana

Haryana Public Service Commission invites online application for the post of Executive Officer (Group – B) in Municipal Corporation Urban Local Bodies Department, Haryana.Name of the Post: Executive Officer (Group – B) No. of Post: 05 (Five) Pay Scale: FPL 09 (Rs. 9300-34800+5400 GP) Essential Qualification and Experience • Post-Graduate in any subject or Graduate in Law, Preference shall be given to those with diploma in Higher Officers course in the Local Government. • Knowledge of Hindi...

Resorts Barred In Segur Plateau Elephant Corridor, Land May Be Used Only For Eco-Friendly Purposes: Madras High Court

The Madras High Court has upheld the findings of a Supreme Court-appointed committee, declaring as null and void the land bought by the resort owners in the Segur plateau, in the Western Ghats area that had been declared as an Elephant corridor.The bench of Justice N Sathish Kumar and Justice Bharatha Chakravarthy agreed with most of the findings of the committee except that the land that...

Shelter Without Rights: Constitutional Crisis Of Forced Evictions In Urban India

“India is two countries in one: an India of Light and an India of Darkness” - This line from The White Tiger captions more than a fictional divide. As the India of Light flaunts its 19.6 billion dollar Smart Cities Mission, the other India is living a more difficult reality: over 7,38,000 individuals were evicted and more than 1,50,000 homes were demolished in 2022-2023 alone averaging to approximately 294 homes destroyed daily and 58 people rendered homeless hourly. Nearly 44% of those...