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Showing posts from March, 2022

Kal Airways and SpiceJet should settle the dispute:Supreme Court

The Supreme Court on Thursday said that the matter relating to over payment of interest in connection with a share-transfer issue between low-cost airline SpiceJet and Kal Airways which is owned by the media baron Kalanithi Maran will be heard on April 12 Kal Airways and Maran had informed  the apex court that the two proposals to settle their dispute with SpiceJet on payment of interest in connection with the share-transfer issue was not acceptable to them. They also informed that the Spice Jet airline owed them around Rs 920 crore in pursuance of an arbitral award. A bench of Chief Justice N V Ramana, opined that efforts should be taken to to settle the dispute, The bench has decided to hear the matter on April 12. SpiceJet, at first offered to pay Rs 300 crore towards a full-and-final settlement of the dispute or secondly, of the bank guarantee of Rs 270 crore deposited with the Delhi High Court, it would give Rs 100 crore for now and an order will be passed by the apex court urg

Hear From Our Learners About The Contract Drafting & Negotiation Course [May-June; July-Aug 2021]

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Mumbai Court grants bail to Akash Suyal in Clubhouse chat case

A court in Mumbai granted bail to Akash Suyal on Thursday, in a case filed by the Mumbai Police for posting insulting statements about women on the Clubhouse smartphone chat application The verdict was pronounced on Thursday by the Metropolitan Magistrate  KC Rajput  in Bandra, Mumbai in the bail application filed under Section 437 of the Code of Criminal Procedure after the investigation was completed against Suyal. Akash Suyal, with his two friends Jaishnav Kakkar and Yashkumar Parashar,were arrested by the Mumbai Police on after a  complaint was filed by two women who said they were defamed after their photographs went viral and became hot topic in the Clubhouse mobile application chatroom.  An FIR was registered in this case on January 19, this year.Mumbai Police booked Akash Suyal for offences under Sections 153A (promoting enmity between different groups), 295A (malicious acts outraging religious feelings), 354D (stalking), 509 (insulting modesty of woman), and 500 (defamation

Call for Blogs by Centre for Business and Financial Laws (CBFL), NLU Delhi: Rolling Submissions

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All India Quota Mop-Up Round Counselling for NEET-PG 2021-2022 admissions cancelled: Supreme Court

The Supreme Court today has cancelled the All India Quota Mop-Up Round Counselling for NEET-PG 2021-2022 admissions due to the anomalies arising from the 146 seats that were added to the Mop Up Round which were not available to AIQ candidates in Rounds 1 and 2. The bench of Justices DY Chandrachud, Justice Surya Kant and Justice Bela M Trivedi directed holding a special round of counselling for the 146 seats, along with allowing students who have joined the All India or the State Quota in Round 2 to participate in this round as well. The concern authorities are instructed to invite options from students within 24 hours of issuing the fresh notification and complete the process within 72 hours after the cut-off time for giving options. The authorities are directed to hold a mop up round, and complete the process within 72 hours. The Court has also upheld the March 16 advisory which prevents students who have taken seats in State Quota after Round 2 from participating in the Mop-Up.

Feedback for Lawctopus Law School’s Litigation Basics Course [Jan-Feb; Feb-March 2022]

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Supreme Court rejects demand of Vanniyar community seeking 10.5 pc reservation in private educational institutions

The Supreme Court on Thursday upheld the Madras High Court order on not providing 10.5 percent reservation to the Vanniyar caste in Private Educational Institutions and appointments or posts in the services under the state within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021. A Bench of Justices  L Nageswara Rao  and Justice BR Gavai  heard a plea filed by the State of Tamil Nadu challenging a judgement by the High Court of Madras, which struck down the law. It held, “We are of the opinion that there is no basis to treat Vanniyar as a separate group compared to others. Thus, the 2021 Act is ultra vires Articles 14 and 16 of the Constitution.” The Court further held, “State cannot be restricted to implement internal reservation on the issue of Presidential assent. Caste can be the basis of internal reservation, but it cannot be the sole basis.” The law under challenge, the Tamil Nadu Special Reservation of seats in educational Institutions inclu

Online Course on UGC NET-JRF [Paper 1] by Lawctopus and NoticeBard [Self-Paced]; Developed by 4 NET Qualified People: Register by Mar 31!

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CJI launches FASTER, a software for safe and secure transmission of court orders

The Chief Justice of India (CJI) Justice N V Ramana will today at 10am ,launch a software to transmit Court Orders swiftly, securely through electronic mode‘Fast and Secured Transmission of Electronic Records’ (FASTER) This system, will enable the undertrial prisoners (UTPs) and accused to get bail soon, as despite the Court’s granting of bail to accused and UTPs, the orders reach late, making their release late. In 2021, September, in a landmark judgement, the Supreme Court had ordered to implement its system to ensure reaching its orders, to the jails, accused and UTPs, to immediately to make them know and act upon it. The Judges of Supreme Court and Chief Justices and Judges of High Courts to join the online launch event at 10am today. The post CJI launches FASTER, a software for safe and secure transmission of court orders appeared first on India Legal . from India Legal https://ift.tt/a6DKW0y

Madhya Pradesh High Court dismisses PIL alleging installation of statue in public place

The Madhya High Court has dismissed a PIL, which alleged that the respondents were attempting to put up a statue in the premises in a public place. The case of the petitioner (Dattu Medhe) is that he represents the public by filing the petition. The respondents are attempting to put up a statue in the premises of the old Government Hospital, Shahpur, District Burhanpur vide communication dated 01.10.2021 issued by the Municipal Council , Shahpur. The place where it is sought to be put up is a public place and therefore, the same cannot be put up. At the same time, a statue of Chhatrapati Shivaji Maharaj already exists in the same location and therefore, a new statue cannot be put up, alleged the Petitioner. According to the Petitioner the Supreme Court in the order dated 18.01.2013 passed in SLP (Civil) No.8519 of 2006 (Union of India Vs. State of Gujarat & others) have ordered for restrictions in the manner in which the statues have to be put up and related matters. That the sam

Delhi High Court dismisses plea seeking details of Supreme Court Collegium meeting of December 12, 2018

The Delhi High Court on Wednesday dismissed a plea challenging the Central Information Commission (CIC)’s order against non-disclosure of information pertaining to decisions taken by Supreme Court Collegium in a meeting held on December 12, 2018. The Court of Justice Yashwant Verma was seized of the plea filed by activist Anjali Bhardwaj. The backdrop of the case relates to an Right to Information (RTI) application filed in February 2019 by Bhardwaj seeking information on the Supreme Court collegium’s meeting held on December 12, 2018, wherein Justice Ranjan Gogoi, former Chief Justice of India, and four senior-most judges of the Supreme Court, i.e. Justices Madan B. Lokur, A.K. Sikri, S.A. Bobde and N.V. Ramana purportedly took certain decisions regarding the appointment of judges since the decisions were subsequently overturned and no details were uploaded on the Top Court’s website. However, the Supreme Court’s Central Public Information Office (CPIO) rejected the said applicat

Supreme Court to start full physical hearing from Monday

Chief Justice of India (CJI) N.V. Ramana on Wednesday announced that the Supreme Court will resume full physical hearing from April 4. “From Monday onwards, we are opening full physically. On Monday and Friday, we will provide the Advocates virtual hearing, if they ask,” said the CJI. At present, the Apex Court has complete virtual hearing on miscellaneous days (Monday and Friday). On other days, the hearings are in physical form, with the virtual option available to Advocates. The top court of the country had switched over to complete virtual mode in March 2020, with the onset of Covid-19 pandemic. In October last year, the Court had partially resumed physical hearings. As per the SOP dated October 7, 2021, the Apex Court had decided that all the matters listed on Wednesday and Thursday, as non-miscellaneous days, would be heard by it only in the physical presence of Counsels/parties in Court-rooms. Further, as per the SOP, the hearings on miscellaneous days (Monday and Friday) w

Supreme Court-appointed committee recommends cancellation of bail granted to Ashish Mishra

The Supreme Court on Wednesday said the Special Investigation Team (SIT) it had appointed to monitor the Lakhimpur Kheri incident in which eight people were killed, has recommended the cancellation of bail plea of main accused Ashish Mishra. A three-Judge Special Bench, led by Chief Justice N.V. Ramana, and Justices Surya Kant and Hima Kohli, said the SIT, headed by a retired SC Judge, has recommended the State of Uttar Pradesh to file an appeal against bail granted to Ashish, son of Union Minister Ajay Mishra, in the Lakhimpur Kheri incident. The Apex Court sought response from the Yogi Adityanath-led UP government on two reports submitted by the SIT, in the case. The matter will now be heard on Monday. The Uttar Pradesh government had apprised the  Supreme Court  on Tuesday that the decision regarding the challenge to bail granted to Ashish Mishra in the Lakhmipur Kheri case of October 2021 was “pending consideration before the relevant authorities”. While filing a counter-affida

Lawctopus Law School’s Online Moot COURSE (& Competition) [May 10 – July 10]: Register by Mar 25!

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NSEL is not a Financial Establishment: Supreme Court

The Supreme Court partly heard the submissions made by NSEL, represented by Senior Advocate Mukul Rohatgi in a batch of petitions filed by the State of Maharashtra and NSEL Investors Action Group challenging the order passed by the Bombay High Court, observing that the National Spot Exchange Limited was not a Financial Establishment within the purview of the Maharashtra Protection of Interest of Depositors in Financial Establishment Act, 1999.  The bench comprising of Justice DY Chandrachud, Justice Surya Kant and Justice Bela M Trivedi continued hearing the matter for final disposal on Tuesday. The bench comprising of J. Smt. Bharati H Dangre and J Ranjit More, Bombay High Court held that National Spot Exchange Limited (NSEL) was not a ‘financial establishment’ since it did not accept any deposits, as defined under the Maharashtra Protection of Interests of Depositors in Financial Establishments Act, 1999 (MPID Act). The court held that NSEL was a commodities exchange where commodi

5th MM National Moot Court Competition 2022 (Online) by Maharishi Markandeshwar University [April 19-21]: Register by Apr 3

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Victim Compensation in the Cr.P.C. for CLAT

Victim Compensation has become an important element of criminal justice system. Read about the Cr.P.C. provisions related to it for CLAT. The post Victim Compensation in the Cr.P.C. for CLAT appeared first on Lawctopus . from Lawctopus https://ift.tt/R3rtaM5

Delhi Judicial Services Examination 2022: New Pattern, Syllabus

There has been a slight change to the Delhi Judicial Services Examination 2022 pattern and syllabus. Here's what you should know. The post Delhi Judicial Services Examination 2022: New Pattern, Syllabus appeared first on Lawctopus . from Lawctopus https://ift.tt/2Wog3R9

Internship Opportunity at International Tribunal for the Law of the Sea (ITLOS) [July-Sep 2022], Hamburg: Apply by Mar 31

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Asian Development Bank (ADB) – Japan Scholarship Program (JSP) 2022/23 [For PG Studies]: Apply Now!

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JOB POST: Multiple Positions (Associate-Legal Researcher) at Project 39A, NLU Delhi: Apply Now!

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Lawctopus’ Online Certificate Course on Trademarks – Law and Practice [Apr 1-30]: Register by March 30

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Online Course on Litigation Basics: Navigating Cases and Files by Lawctopus Law School [Apr 15 – May 15: Register by Mar 30!

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Online Certificate Course on Technology, Media, Telecom (TMT) Laws by Lawctopus Law School [Mar 20 – May 20]: Register by Mar 30

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Free Webinar on ‘UGC-NET Exam Prep: Jurisprudence and International Law’ by Lawctopus Law School [March 29, 4:30 PM]: Register Now!

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Job and Internship Opportunity with SMA Lawyers, Delhi [4 Vacancies]: Apply Now!

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Call for Submissions for Working Document on Penal Law Reforms in India, by LexQuest Foundation: Submit by April 10

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Paid Internship Opportunity at PSP Legal, Advocates and Solicitors, Delhi [Stipend Rs 10K]: Apply Now!

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Hijab: All India Muslim Personal Law Board challenges Karnataka High Court verdict in Supreme Court

A petition has been filed in the Supreme Court against the Karnataka High Court order on wearing of hijab to educational institutes in the state. The petition, filed by All India Muslim Personal Law Board, through its Secretary, Mohammed Fazlurrahim along with two other petitioners namely, Munisa Bushra and Jaleesa Sultana Yaseen, challenged the verdict passed by the Full bench of Karnataka High Court. The Samastha Kerala Jem-iyyathul Ulama, an Islamic clerics organisation, has also filed a special leave petition in the Supreme Court against the same verdict of Karnataka High Court. The organisation said that the High Court judgement was based on an erroneous interpretation of the Holy Quran and the Hadis and a wrong understanding of Islamic law. On March 24, the  Supreme Court  had refused to conduct urgent hearing on appeals challenging the Karnataka High Court order on wearing of hijab by female Muslim students in government educational institutions in the state. Senior Advocat

Paid, International Internship Opportunity with Linklaters, London: Apply by June 23

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States can declare minority communities on the basis of religion, language: Centre tells Supreme Court

The Centre on Monday apprised the Supreme Court that the followers of Hinduism, Judaism and Bahai, who are minorities in certain states, can be declared the same by the concerned state government. Submitting an affidavit filed before the Apex Court, the Centre said the allegation that such communities, which are minorities in those states, cannot establish and administer educational institutions of their choice in places where they are in minority like in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh and Manipur, is not correct. The state governments can declare a religious or linguistic community as ‘minority community’ within the said state… matters such as declaring that followers of Judaism, Bahaism and Hinduism, who are minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur can establish and administer educational institutions of their choice in the said State and laying down guidelines for

PIL in Supreme Court seeks directions to rehabilitate Kashmiri Hindus and Sikhs, who migrated after mass exodus

A PIL has been filed in the Supreme Court, seeking directions to the Centre to rehabilitate/resettle the Kashmiri Hindus and Sikhs, including those who have migrated after the exodus in 1990 and onwards from Kashmir and any other part of the country.  The present plea has been filed by NGO “We the Citizens,” seeking directions to constitute a Special Investigation Team to identify the perpetrators of the genocide and exodus of Hindus & Sikhs in Kashmir from 1989 to 2003. The plea stated, “The petitioner has undertaken research by going through the Book, Article, and Memoirs of the migrants from Kashmir. The prominent books, which the petitioner has examined, include MY FROZEN TURBULENCE IN KASHMIR” authored by Jagmohan & OUR MOON HAS BLOOD CLOTS” by Rahul Pandita. These two books give first-hand account of ghastly genocide and exodus of Kashmiri Hindus and Sikhs in 1990.” “The failure of the then government and police administration and finally complete breakdown of Constitut

PIL in Supreme Court seeks directions to rehabilitate Kashmiri Hindus and Sikhs, who migrated after mass exodus

A PIL has been filed in the Supreme Court, seeking directions to the Centre to rehabilitate/resettle the Kashmiri Hindus and Sikhs, including those who have migrated after the exodus in 1990 and onwards from Kashmir and any other part of the country.  The present plea has been filed by NGO “We the Citizens,” seeking directions to constitute a Special Investigation Team to identify the perpetrators of the genocide and exodus of Hindus & Sikhs in Kashmir from 1989 to 2003. The plea stated, “The petitioner has undertaken research by going through the Book, Article, and Memoirs of the migrants from Kashmir. The prominent books, which the petitioner has examined, include MY FROZEN TURBULENCE IN KASHMIR” authored by Jagmohan & OUR MOON HAS BLOOD CLOTS” by Rahul Pandita. These two books give first-hand account of ghastly genocide and exodus of Kashmiri Hindus and Sikhs in 1990.” “The failure of the then government and police administration and finally complete breakdown of Constitut

Internship Opportunity with Advocate Priya Sogani, Ahmedabad [1-3 Months]: Apply Now!

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Supreme Court assures ayurvedic doctors of being treated at par with allopathic doctors under NHRM

The Supreme Court on March 25 clarified that the respondents who are Ayurvedic doctors will be entitled to be treated at par with Allopathic Medical Officers and Dental Medical Officers under the National Rural Health Mission (NRHM/NHM) Scheme. The Division Bench comprising Justices Vineet Saran and Justice J.K Maheshwari, while dismissing a Special Leave Appeal , upheld the order of the Uttarakhand High Court that under the NRHM/NHM Scheme, Ayurvedic Doctors will be entitled to parity in salary with Allopathic Medical Officers and Dental Medical Officers. “Having heard learned counsel for the parties and considering the facts and circumstances of the case, we do not find any ground for interference with the order passed by the High Court. The special leave petition is, accordingly, dismissed”, the order reads. The facts of the case in the High Court is that the petitioners were appointed as Medical Officers “Ayush” on the contract basis during the year 2010 to 2013 under “National

Online Course on UGC NET (Law) by Lawctopus [Duration: Apr 1 – June 30]; Developed by 4 NET Qualified People: Register by March 28!

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Supreme Court-appointed technical committee probing Pegasus allegations seeks public views on security, privacy

The technical committee appointed by the Supreme Court to probe the allegations of illegal spying done by the Central government using Israel spyware Pegasus, reached out to the public, seeking their comments on 11 questions by March 31. The Committee was appointed by the Apex Court in October, 2021, under the guidance of retired Supreme Court judge, Justice R.V. Raveendran. The questionnaire put up by the committee, comprises of queries such as whether the existing boundaries of state surveillance of personal and private communications of citizens for national security, defence of India, maintenance of public order, and prevention and investigations of offences, are well-defined and understood. It further asked whether the procedures currently defined under the Telegraph Act, 1885 and the IT Act, 2000 (including executive oversight measures) to prevent the excessive routine use, misuse or abuse of state surveillance were sufficient or not? Third question on the list is: Whether th

Lawctopus’ Online Certificate Course on Trademarks – Law and Practice [Apr 1-30]: Register by March 28

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Online Lecture on Sustainability and Competition Law by CCLP, GLA University [March 26; 5-6 PM]: Register Now!

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PIL in Supreme Court seeks SC-monitored probe in Birbhum violence case

A PIL has been filed in the Supreme Court, seeking constitution of a Special Investigating Team headed by a retired Judge of the Supreme Court, to direct the Central Bureau of Investigation to probe the violence, which occurred on March 21 in Bogtui village of Birbhum district in West Bengal. Filed by Vishnu Gupta, National President of Hindu Sena, the petition said the Hindus from Muslim-dominated districts of West Bengal have been chased out from their homes and native places and therefore, they have got shelter in a camp in the neighbouring state of Assam. The West Bengal Governor has been compelled to make a public statement due to disobedience of the order of the Governor by the Chief Secretary and Director General of Police of West Bengal as they did not submit a complete report on the post poll violence in the state in May, 2021. The disobedience of the order of Governor by two top bureaucrats of the State is not only a case of disobedience but also breakdown of constitution

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Birbhum violence: Calcutta High Court hands over probe to CBI

The Calcutta High Court on Friday ordered the Central Bureau of Investigation (CBI) to investigate the March 22 incident of Bogtui village in Birbhum district of West Bengal that lead to death of at least eight people. The High Court, while rejecting the request made by the West Bengal government not to transfer probe, told the Mamata Banerjee-led dispensation to cooperate with CBI in the investigation.. The state government has already handed over the report of the case diary and the investigation conducted by SIT to the court. The ASG told the High Court that if the court orders, it was ready to investigate the matter with either CBI or NIA. Opposing the demand for NIA probe into the matter, the state government said it does not come under the NIA’s jurisdiction to investigate local issues. The Court was apprised during the hearing that 31 CCTV cameras were installed in Bogtui village of Rampurhat, following its earlier order. The state government Counsel had denied the allegat

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Gauhati High Court tells petitioner to approach Assam government over change in alignment of river bank

The Gauhati High Court has directed the petitioners to move a representation before the Secretary, Water Resource Department, Government of Assam, regarding change of alignment, design as well as the place of a river bank. The Division Bench of Chief Justice Sudhanshu Dhulia and Justice Kakheto Sema disposed of a PIL on March 21, filed by Kartik Deka and Manuranjan Das,  alleging that the alignment, design as well as the place of a river bank has been changed, which is adversely affecting the people. B. Goswami, Standing Counsel, Water Resource Department, on the other hand, submitted that this exercise has been undertaken after wide consultation with all the stakeholders and the work is presently under progress. Under these circumstances, the Court directed the petitioners to move a representation before the Secretary, Water Resource Department, Government of Assam, who shall thereafter pass a speaking order after hearing all the concerned parties in accordance with law.  “Let th

SC upholds constitutional validity of Karnataka Tax on Lottery Act, 2004; Kerala Tax on Paper Lotteries Act, 2005

The Supreme Court has upheld the constitutional validity of Karnataka Tax on Lottery Act, 2004 and validity of Kerala Tax on Paper Lotteries Act, 2005, which was challenged before the court. A two-Judge Bench comprising Justice M.R. Shah and Justice B.V. Nagarathna were hearing appeals filed by the governments of Karnataka and Kerala against the governments of Nagaland, Arunachal Pradesh, Meghalaya, Sikkim and others, who are lottery organisers-cum-promoters in states of Karnataka and Kerala. The Division Bench of the apex court set aside the judgement dated December 27, 2010 and March 7, 2011 of Kerala High Court, as well as the verdict dated April 30, 2020, August 9, 2021 and August 10, 2021 of Karnataka High Court. It held that both Karnataka and Kerala were legally competent to impose tax on the lotteries conducted Nagaland, Arunachal Pradesh, Meghalaya and Sikkim in their states, since there are express provisions enshrined under the impugned acts for registration of agents or

CfP: Indian Journal of Integrated Research in Law [Vol 2, Issue 2, ISSN: 2583-0538, Free Hard Copy of Publication Certificate and DOI, Indexed at ROAD, Google Scholar, Certificate of Excellence, Internship Opportunities]: Submit by Mar 27

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Former CJI RC Lahoti passes away, he was 81

Former Chief Justice of India Ramesh Chandra Lahoti passed away on Wednesday evening. He held the office of the Chief Justice from June 1, 2004 to May 1, 2005. He is survived by wife Kaushalya Lahoti. Ramesh Chandra Lahoti was born on November 1, 1940. He joined the Bar in District Guna in 1960 and enrolled as an Advocate in 1962. In April, 1977, he was recruited directly from the Bar to the State Higher Judicial Service and was appointed as a District & Sessions Judge. After functioning as District and Sessions Judge for a year, Justice Lahoti resigned in May, 1978 and reverted to the Bar for practice mainly in the High Court. He was appointed Additional Judge of the Madhya Pradesh High Court on 3.5.1988 and made permanent Judge on 4.8.1989, Justice Lahoti was transferred to Delhi High Court on 7.2.94. He was appointed as a Judge of Supreme Court of India on 9.12.1998. Justice Lahoti, a noted jurist, is economic with words and probably the least vocal among recent Chief Justi

Ex-servicemen can apply for post of Principal in Government Inter College: Allahabad High Court

The Allahabad High Court has directed to include ex-servicemen, who applied for the post of Principal in Government Inter College in the PCS (Main) Exam, scheduled to commence from March 23 to 27, 2022. A Single-Judge Bench of Justice Manju Rani Chauhan passed this order, while hearing a Petition filed by Harendra Singh. By means of the writ petition, the petitioner has prayed following relief: “(a) Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and quashing the impugned notification dated 15.03.2022 issued by the Examination Controller, Uttar Pradesh Public Service Commission, Prayagraj only to an extent that the candidature of the petitioner has been rejected/non-suited for appearing in PCS (Main) Exam 2021 in reference to selection on the post of Principals, Government Intermediate Colleges (For Boys or Girls) initiated vide Advertisement No. A-1/E-1/2021 dated 05.02.2021 issued by the Secretary, Uttar Pradesh Public Service Commi