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Investigating Officer Not 'Suitable Person' Under Navy Regulations To Prosecute Trial Before Court-Martial: Kerala High Court
The Kerala High Court recently held that an investigating officer is not a 'suitable person' as per Regulation 163 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965, to prosecute a trial before the Court-Martial.Dr. Justice Kauser Edappagath considered the constitutional validity of Regulation 178(3) of the Navy Regulations, which permits the prosecutor to be a...
Supreme Court Seeks AG's Intervention After Bombay HC Cancels Recognition Of PG Courses Offered By College Of Physicians & Surgeons
The Supreme Court today(September 12) requested the intervention of the Attorney General for India, R Venkataramani, to arrive at a viable solution to secure the future of students after the Bombay High Court recently upheld the derecognition all postgraduate medical courses offered by the College of Physicians and Surgeons, Mumbai ("CPS").Before a bench comprising Justice JB Pardiwala...
When Sale Deed Is Void, Suit For Possession Governed By Limitation Period Of 12 Years Under Article 65 Instead Of Art 59 : Supreme Court
The Supreme Court on Friday (Sep.12) held that a suit instituted seeking possession of immovable property on the ground that the defendant's sale deed is void is governed by the 12-year limitation period under Article 65 of the Limitation Act, 1963, rather than the shorter 3-year period under Article 59 of the Act. A bench of Justices J.B. Pardiwala and R. Mahadevan clarified that...
Debarment Order Can't Be Extended To Other Group Companies Without Individual Opportunity Of Hearing: Delhi High Court
The Delhi High Court has held that a debarment order issued by one entity cannot be extended to other group companies without any independent opportunity of hearing through a separate show cause notice.“The principles of natural justice do not contemplate a cascading penalty in the absence of reasoned determination by each entity proposing to inflict penalty,” Justice Sachin...
Madras High Court Stays Criminal Proceedings Against General Secretary Of TVK Political Party For Alleged Unlawful Assembly
The Madras High Court has stayed the criminal proceedings initiated against the general secretary of actor Vijay's Tamilaga Vettri Kazhagam (TVK) party for allegedly causing an unlawful assembly and obstructing the police from doing their duty. Justice Sunder Mohan ordered an interim stay in a petition filed by N Anand alias Bussy Anand, seeking to quash the FIR registered against him...
Yusuf Pathan Encroached On Govt Land, No Allotment Order Was Issued By Vadodara Municipality: Gujarat High Court
The Gujarat High Court recently upheld an order directing Vadodara Municipal Corporation to take steps to remove encroachment of a plot by former cricketer and TMC MP Yusuf Pathan. In doing so the court held that "long possession" of the plot by Pathan, without paying consideration, would not give him any rights over the land adding that it cannot perpetuate such an illegality. Finding Pathan...
Delhi High Court Upholds Dental Council Regulation Mandating State Govt NOC For Establishing New Colleges
The Delhi High Court has upheld the vires of Clause 6(2)(e) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and increase of Admission Capacity in Dental Colleges) Regulations, 2006— which relates to permission for establishment of new dental college, new courses of study, etc.Significant to note that the Regulations...
[SEBI Act] Exoneration In Regulatory Proceedings Only Bars Prosecution When There Is Finding Of Innocence: Bombay High Court
The Bombay High Court has held that discharge from prosecution under the SEBI Act cannot be claimed merely on the ground that an adjudicating officer of SEBI has not imposed a penalty or passed any adverse directions. The Court ruled that exoneration in regulatory proceedings will bar criminal prosecution only when there is a clear and categorical finding of innocence on the merits, and...
Supreme Court Asks Tamil Director-Politician Seeman To Apologise To Complainant To Quash 'Rape On False Marriage Promise' Case
The Supreme Court on Friday suggested that Tamil film director and politician Seeman tender an apology in the 2011 rape-on-false-promise-of-marriage case against him filed against him by an actress.A bench of Justices BV Nagarathna and Justice R. Mahadevan told Seeman that it would consider quashing the FIR if he tendered an apology to the complainant for making objectionable comments...
Kerala High Court Seeks Records On Removal Of Gold Coverings From Sabarimala Idols, Says Temple Must Safeguard Deity's Property
The Kerala High Court on Friday took strong exception to the removal of gold-plated copper coverings from the “Dwarapalaka” idols at Sabarimala without prior intimation to the Special Commissioner.A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, while hearing Sabarimala Special Commissioner Report, expressed concern over the manner in which the...









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