Lawgic Simplified

The Allahabad High Court ruled that every Court and Tribunal possess inherent power to set aside an ex-parte order as a form of 'procedural review,' distinct from the statutory power to review a case on merits. Justice Yogendra Kumar Srivastava held that revenue authorities can recall an ex-parte order to correct procedural defects and ensure justice between the parties. This inherent power allows the Court or Tribunal to correct procedural illegality that invalidates the proceedings and the order itself.  The case in question involved a recall application against an ex-parte order passed under Section 24 of the UP Revenue Code. The Court held that a recall application can be maintained by non-parties if they are necessary parties to the proceedings.  The judgment emphasizes the principle of natural justice that no adverse orders should be passed without giving an opportunity of hearing, and a recall can be sought to correct procedural errors.  The Court clarif...

Credits: Hindustan Times By - Sameeksha Negi* A PIL was filed by Lawyer Gopal Krishna Pandey, seeking framing of policy by the state to allow the online sale and home delivery of liquor. The petitioner submitted before the court that the Madras High Court has permitted online sale of liquor. A division bench comprising Acting Chief Justice Munishwar Nath Bhandari and Justice Subhash Chandra Sharma dismissed the PIL stating that it was a policy matter of the state, hence it was not inclined to allow online sale and home delivery of liquor.  The bench observed that “Finding the subject matter as a policy of the state we are not inclined to allow the online sale of liquor”.  Also Read - Political parties are to publish information regarding criminal antecedents of candidates within 48 hours of selection: Supreme Court It was submitted on behalf of the petitioner that certain states have issued notifications to allow online sale of liquor pursuant to the observation made by the S...

Credits: Hindustan Times By - Sameeksha Negi* The Allahabad High Court has recently rejected the plea of a married woman, seeking protection from her husband who was allegedly interfering in her live-in relationship with another man.  The bench comprising Justice Subhash Chand and Justice Kaushal Jayendra Thaker dismissed the petition filed by the woman and her live-in partner and imposed a cost of Rs. 5000.  In the considered opinion of the bench, granting police protection to the petitioner and her live-in partner would indirectly imply assent of the court to such illicit relationships. The married woman had filed the plea for immediate protection, stating that she was living with her live-in partner and their lives were in danger due to her husband, therefore she sought protection against him. The petitioner also alleged that she left her husband because of the apathetic and torturing behaviour of her husband. Also Read - Delhi HC granted relief to a Christian couple who ad...

Credits: Hindustan Times By - Sameeksha Negi* The Allahabad High court has recently rendered a major verdict in rape case. The court held that having sexual relationship with another person by falsely promising marriage will be considered as an offence of rape under the Indian Penal Code.  A single judge bench of Justice Pradeep Kumar Srivastva observed that the mindset of males that women are nothing but an object for sex is required to be addressed rigorously and strictly so that a safe environment can be created for women in which they feel sense of security.  It was also observed that making false promise of marriage with the mala fide intention in order to deceive the victim was becoming a phenomenon and it is believed by the accused that they will escape from the criminal liability. Marriage is a big and important relationship among the majority of the female population in the nation and women often easily fall prey to these conditions, which result in their sexual h...

Credits: Hindustan Times By -  Sameeksha Negi* The Allahabad High court has sought justification from the UP government on the continuing suspension of Dr. Kafeel Khan, the former pediatrician at the BRD Medical college, Gorakhpur. Mr. Khan filed a writ petition challenging his suspension in August 2017 and the order of the Disciplinary Authority deciding to order a re-enquiry against him. The Bench of Justice Yashwant Verma observed that the state of UP is obliged to justify the continuance of the order of suspension which has continued for more than 4 years. Mr. Khan was suspended from his service as he was arrested in 2017 for the death of about 63 infants at the BRD hospital due to lack of oxygen supply. However, the others who were suspended along with him have been reinstated. Also Read -  Delhi HC granted relief to a Christian couple who adopted a child under Hindu Adoption and Maintenance Act due to wrong legal advice. It was reported that he acted as a saviour by arra...