Libertatem Magazine

Libertatem: Navigating Legal Perspectives
Devanshi Desai

Devanshi Desai

Once an Order Is Passed, The Executive Magistrate Doesn’t Have Any Power to Re-Open and Review His Order and No Such Power Is Given Under CRPC: Madras High Court

Excerpt A Criminal Revision Case was filed under Section 397 r/w Section 401 of CrPC to call for entire records on the files of the Executive Magistrate and Deputy Commissioner of Police and set aside the order.  Facts of the case The second respondent had registered a case against the

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The Scope of Interference in Revenue Matters by the Court Is Limited and Relief Can Be Granted Only if Statutory Violations Are Established: Kerala High Court

A petition was filed for issuing a writ of certiorarified Mandamus for calling of the records of the 4th respondent in the proceedings dated 03.06.2021. It was prayed to quash the proceedings till date, the license fee for the complete lockdown period to COVID-19 pandemic, and direct the respondents to grant a waiver of the license fee from: 

1.)24.03.2020 to 06.09.2020 

2.)20.02.2021 to the date when the transport services resume and replace, revise and re-fix the license fee in a manner proportionate with the time permitted for vehicle movement from 07.09.2020 in respect of the two-wheeler parking facility at Nachimuthu Maternity Hospital, Pollachi Municipality.  

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The Development Authority Must Consider the Objection Raised and Pass Orders on Merit as Expeditiously as Possible: Kerala High Court

A petition was filed under Article 226 of the Indian Constitution for issuing a writ of Mandamus for calling of records relating to the order dated 30.01.2017 passed by the 2nd Respondent. It was prayed to quash the same and to consequently forbear 3rd Respondent from interfering with the Petitioner’s right in the property. 

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Kerala High Court Quashes the Order of Tahsildar and Directs To Follow the Directions of the Revenue Divisional Officer.

A petition was filed under Article 226 of the Indian Constitution for issuing a writ of Mandamus for calling of records relating to the order dated 30.01.2017 passed by the 2nd Respondent. It was prayed to quash the same and to consequently forbear 3rd Respondent from interfering with the Petitioner’s right in the property. 

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Kerala HC: First Examine Whether the Course Adopted by the Corporation Is Correct and Then Implement Remedial Measures so Prescribed

The petitioner had prayed in the writ petition for a direction to the Corporation and its officials to ensure that the restoration work of the road was continued and completed only after having removed the existing bituminous road surface and to ensure that the level of the existing road was not increased by the restoration work.

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Rejection of Proposal for Appointment Based on Vice-Chancellor’s Dissent Is Unsustainable: Kerala High Court

A petition was filed challenging the Exhibit issued stating that the proposal for approval of the Petitioner’s appointment was being returned since the Petitioner was unqualified for appointment to the post when the vacancy was notified. Hence, her appointment was inconsistent with the UGC Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards of Higher Education Regulations, 2010. 

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