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Kapil Sibal Files Plea In Supreme Court Against Political Defections Under Guise Of Mergers
Senior Advocate Kapil Sibal has moved the Supreme Court by filing a writ petition as a party-in-person challenging the interpretation of the Tenth Schedule to the Constitution that permits legislators to avoid disqualification under the anti-defection law by taking the route of a political party merger.In his petition, Sibal has questioned the constitutional interpretation of the...
Govt Employee's Failure To Obtain Prior Permission For Higher Studies Is Misconduct, But Not Ground To Invalidate Degree: Gauhati High Court
The Gauhati High Court has held that while a government employee's failure to obtain prior permission to pursue higher studies amounts to misconduct under Rule 13 of the Assam Civil Service (Conduct) Rules, 1965, it cannot be a ground to invalidate a degree obtained from a recognised university.Justice N. Unni Krishnan Nair observed:“The violation of Rule 13 would amount to a misconduct...
Delhi High Court Agrees To Hear Today PIL Alleging Police Excesses During CJP's Parliament March
The Delhi High Court has allowed urgent listing for today of a PIL alleging excessive force was used by the Delhi Police on protesters during the Cockroach Janta Party's July 20 Parliament march.The matter was mentioned by a lawyer before a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Teias Karia.The lawyer said that the incident has shocked the conscience...
No Bar On Trade In Ornamental Fish Species Not Protected Under Wildlife Law: Gauhati High Court
The Gauhati High Court has held that there is no bar on fishing, cultivation, trade or business in ornamental fish species not protected under wildlife laws. It clarified that the prohibition continues to apply to Channa barca, an endangered species included in the Schedule to the Wildlife (Protection) Act, 1972.The Court also held that there was no requirement to constitute an expert...
S. 115 CPC | Revisional Jurisdiction Cannot Be Used to Correct Factual Errors, Even If Facts Are Allegedly Concealed : Supreme Court
Observing that revisional jurisdiction cannot be invoked to correct mere errors of fact or law unless they relate to a jurisdictional error, the Supreme Court on Tuesday (July 21) set aside a Punjab and Haryana High Court judgment that had overturned concurrent eviction orders passed by the Rent Controller and the Appellate Authority in exercise of its revisional jurisdiction. A bench of...
'Wrong Statement' In Pleadings Not Necessarily A 'False Statement' : Supreme Court Quashes Perjury Case
The Supreme Court on Tuesday (July 21) set aside the perjury proceedings against a litigant and his counsel for allegedly making 'typographical errors' in a memorandum of an appeal, noting that every instance of wrong statements cannot be treated as a 'false statement' unless a deliberate falsehood is shown. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Bombay...
Employees' Compensation Act | Gauhati High Court Enhances Award After Finding Commissioner Ignored Employer's Admission On Driver's Salary
The Gauhati High Court has enhanced the compensation payable to the family of a deceased driver after holding that the Commissioner, Workmen's Compensation, Barpeta, committed perversity by ignoring the employer's admission regarding the deceased's monthly salary while assessing compensation under the Employees' Compensation Act, 1923.Justice Mridul Kumar Kalita allowed the appeal and...
Delhi State Consumer Commission Directs Cooperative Society To Refund Homebuyers For 15-Year Delay In Flat Possession
The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Ms. Bimla Kumari (Member), has held Sanchar Nest Sahkari Awas Samiti Ltd. guilty of deficiency in service for failing to hand over possession of residential flats to two homebuyers even after nearly 15 years. Observing that non-delivery of possession constitutes a "continuous...