All posts tagged: maintainability

HC dismisses petition in Jauhar University matter after govt contests maintainability

HC dismisses petition in Jauhar University matter after govt contests maintainability

Prayagraj, The Allahabad High Court has refused to entertain a petition filed by a businessman on behalf of Mohammad Ali Jauhar University against the demolition of its buildings, observing that the pleader is an outsider and not an official of the institution. HC dismisses petition in Jauhar University matter after govt contests maintainability As the matter came up before the court, a preliminary objection was raised by the Additional Advocate General Anupam Trivedi on the maintainability of the petition. “This writ petition is being sworn by a person, namely Mohammad Yusuf, who is by occupation a businessman and is being appointed as a pairokar of Mohammad Ali Jauhar University.” A university is always represented through its Registrar or any official working there. A stranger cannot approach on behalf of the university, the AAG argued. Following preliminary objection regarding the maintainability of the petition, Justice Saurabh Shyam Shamshery, in his order passed on Monday, refused to hear the matter. “After going through the records of writ petition, Court finds merit in the objection raised by learned …

Delhi High Court rejects NIA’s preliminary objection to maintainability of plea challenging arrest of UNLF (P) cadres | Delhi News

The Delhi High Court on Tuesday rejected the preliminary objection raised by the National Investigation Agency (NIA) regarding the maintainability of the petition filed by three cadres of the United National Liberation Front (P) challenging their arrest and remand orders for waging war against the state in the backdrop of Manipur’s ethnic violence. The high court also held that in matters concerning personal liberty, it is “never just or proper to reject a plea based on a pedantic, hyper-technical” approach. Based on a July 19, 2023, FIR, NIA arrested the self-styled army chief of the organisation Thokchom Shyamjai Singh, its intelligence officer Laimayum Anand Sharma, and a driver Salam Ibomcha Meitei on March 13. The three are facing charges under the Indian Penal Code (IPC) for criminal conspiracy and waging war against the state, as well as for offences under the Unlawful Activities (Prevention) Act. NIA has alleged that the three are involved in raising funds for UNLF through extortion, as well as recruiting cadres and procuring weapons to incite violence in Manipur. Notably, the …