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Constitutional Remedy Cannot Be Invoked By Litigant To Avoid Approaching Tribunal Under SARFAESI Act: Kerala High Court
The Kerala High Court has observed that a litigant cannot use the constitutional remedy of writ petitions as an alternative to avoid approaching the Tribunal under the SARFAESI Act, which would require the payment of fees.A Division Bench of the Kerala High Court comprising Justice Anil K. Narendran and Justice Muralee Krishna S was considering a writ petition challenging proceedings initiated...
Filing Petition Under NALSA's Free Legal Aid Program Without Convict's Consent Is Misuse Of Process: Supreme Court
The Supreme Court has dismissed a Special Leave Petition (SLP) filed with a delay of 2,298 days by a convict from Punjab, holding that the petition was filed merely under a legal aid programme without the convict's consent, and that such a practice amounts to misuse of process.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale was hearing the plea filed on behalf of Kamaljit...
“Value of Byju's Stake Cannot Be Preserved if Aakash Is Commercially Killed,” NCLAT Declines to Stay Rights Issue EGM
Observing that the value of Byju's stake in Aakash cannot be preserved if the subsidiary is commercially “killed”, the National Company Law Appellate Tribunal (NCLAT), Chennai Bench, refused to stay Aakash Educational Services Ltd.'s extraordinary general meeting (EGM) for a proposed rights issue scheduled on October 29. The tribunal dismissed a plea by GLAS Trust Company LLC, a...
'Evidence Not Clear, There Can't Be Moral Conviction', Supreme Court Acquits Death Row Convict In Child Rape-Murder Case
The Supreme Court recently acquitted a man who was convicted and sentenced to death for an offence of murder and raping of a 4-year-old girl, noting that the accused's extra-judicial confession, which formed the cornerstone of the prosecution's case, was unreliable and insufficient for conviction as it was marred by glaring inconsistencies, coupled with a lack of independent witnesses...
Dismissal Of SLP Does Not Attract Doctrine Of Merger, Only Law Declared By SC Is Binding Under Article 141: J&K&L High Court
Clarifying the limits of the doctrine of merger, the Jammu and Kashmir and Ladakh High Court has held that even if an order dismissing a Special Leave Petition (SLP) is supported by reasons, the doctrine of merger would not be attracted. However, a bench of Justice Sanjeev Kumar also made it clear that the reasons stated by the Supreme Court while dismissing an SLP may attract Article 141 of...
MBBS Stipend | 'Wake Up From Slumber' : Supreme Court Chides NMC For Not Enforcing Directive To Colleges To Disclose Stipend Details
In a batch of cases concerning the non-payment of stipends to medical students, the Supreme Court strongly criticised the National Medical Commission (NMC) for failing to comply with its own directive issued in July requiring all medical colleges and institutions to mandatorily disclose stipend details within seven days.A bench comprising Justice Aravind Kumar and Justice NV Anjaria directed...
Right Of Accused To Lead Defence Cannot Be Snatched Away Even If He Failed To Do So When Examined U/S 313 CrPC: HP High Court
The Himachal Pradesh High Court has held that an accused cannot be deprived of the right to lead defence evidence merely because he had earlier declined to do so when examined under Section 313 of the Code of Criminal Procedure.The Court remarked that the trial court cannot discuss the merits of a probable defence while deciding an application under Section 311 CrPC.Justice Virender...
PIL Filed In Delhi High Court Against CBFC Certification To 'The Taj Story'; Alleges Distortion Of Historical Facts, Communal Propaganda
A public interest litigation has been filed before the Delhi High Court against the certification given to “The Taj Story” film, slated to be released on October 31, citing fabrication of facts and propagation of a "communal propaganda.”The plea has been filed today by lawyer Shakeel Abbas. He has alleged that the movie's potential is to create a communal disturbance amongst...
Seizure Of ₹2 Crore, Gold Bar From Govt Officer's Home Can't Relate To Official Act; Sanction For Prosecution Not Needed: Rajasthan High Court
The Rajasthan High Court dismissed a public servant's plea booked in a corruption case who had challenged an order taking cognizance of offences under PMLA on the ground that no prior sanction was taken as per Section 218 BNSS.In doing so the court observed that there were over Rs 2 crore cash and a gold bar worth over Rs 60 Lakh seized from the petitioner's residence and the same cannot...