High Courts
Drawing Cheque Of Time-Barred Debt Resurrects Debt Through S.25(3) Of Indian Contracts Act, Triggers Liability U/S 138 NI Act: Delhi High Court
The Delhi High Court had observed that the presentation of a cheque of a time-barred debt itself revives the debt under Section 25(3) of the Indian Contract Act, 1872. It stated that the furnishing of the cheque is in itself an acknowledgement of a debt or liability and thus in case of dishonour of the cheque, the creditor can enforce legal liability and the accused cannot claim that debt...
Hard To Accept Cops Couldn't Overpower Accused, "Shoot-Out" Could Be Avoided: Bombay HC While Hearing Badlapur 'Fake Encounter' Case
While hearing a plea by father of the Badlapur school sexual assault accused who died in an alleged "fake encounter" on Monday, the Bombay High Court orally said it is difficult to accept that the accused– who was not a "strong man", couldn't be overpowered by the police officials who were with him.A division bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan was hearing...
High Court Takes Suo Moto Cognizance Of Dysfunctional Oxygen Plants At Bilaspur District Hospital
The Chhattisgarh High Court has registered a suo-moto case over a news item that reported about the closure of Oxygen Plants, statedly built at the cost of crores of Rupees during the COVID-19 pandemic in the District Hospital, Bilaspur. The news item goes on to state that the Oxygen Plants were rendered inoperative as the operation of the plant would have deprived the officers and employees...
Absence Of Medical Evidence Not Fatal To Prosecution Case, Victim Corroborated Her Testimony U/S 164 CrPC: Gauhati HC Upholds POCSO Conviction
The Gauhati High Court on Tuesday upheld the conviction of a person under Section 6 of the POCSO Act on the ground that the testimony of the victim girl before the trial court was corroborated by her statement recorded under Section 164 of CrPC and therefore, found to be trustworthy in the absence of a proper medical report.However, the division bench of Justice Michael Zothankhuma and...
Continuation Of Order Of Attachment And Garnishee Notice Is Impermissible When Appeal Filed Against Order Of Assessment: Andhra Pradesh High Court
The Andhra Pradesh High Court stated that when the assessee files an appeal against an order of assessment, the enforcement actions that have been taken, such as property attachment and garnishment notices, should not continue.The Division Bench of Justices R Raghunandan Rao and Harinath. N observed that the assessee has preferred an appeal and has paid 10% of the disputed tax, as required...
'Absolute Corruption Of Youth': Delhi High Court Calls For 'Stringent Action' Against Candidates Defacing Public Property Amid DUSU Polls
The Delhi High Court on Wednesday asked the Delhi University to take stringent action against the candidates indulging in vandalism and defacing public property during the ongoing students' union elections, calling the situation “worse than the general elections.”A division bench comprising of Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela observed that prima...
Appeal Dismissed For Non-Payment Of Pre-Deposit; Revenue Can't Challenge Restoration After Accepting Deposit: Punjab and Haryana High Court
The Punjab and Haryana High Court stated that if the appeal of the assessee was previously dismissed due to non-payment of the pre-deposit, and they have since made that payment, which has been accepted by the Revenue, then the Revenue cannot later challenge the restoration of the appeal.The Division Bench of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “Tribunal can...
Seems 'Kalyug' Has Arrived: Allahabad High Court On Elderly Couple Fighting Legal Battle Over Maintenance
While hearing a case concerning an elderly couple aged about 75-80 who are involved in a legal battle over the issue of maintenance, the Allahabad High Court last week made an uncommon statement that it seemed that 'kalyug' has arrived. A bench of Justice Saurabh Shyam Shamshery made this remark while hearing a petition filed by one Munish Kumar Gupta (husband) challenging a...
Karnataka High Court Issues Notice On Plea Seeking Implementation Of SC's Modified Guidelines On Advance Medical Directives, Living Wills
The Karnataka High Court on Wednesday issued notice to the State government on a petition filed seeking enforcement of direction issued by the Supreme Court in its modified judgment in the case of Common Cause (a registered society) V Union of India and another, in regards to advance medical directives, or living wills. A division bench of Chief Justice N V Anjaria and Justice K V Aravind...
Madras High Court Reserves Orders On Plea By Madras Race Club Seeking Exemption From Pre-Suit Notice To Govt Over Lease Termination
The Madras High Court on Tuesday reserved orders on an application made by the Madras Race Club seeking an exemption from the mandatory pre-suit notice. As per Section 80 of the Civil Procedure Code, no suit can be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiry...
Allahabad HC Asks UOI About Status Of BJP Worker's Representation To Home Ministry To Cancel Rahul Gandhi's Indian Citizenship
Hearing a Public Interest Litigation (PIL) plea filed by a BJP Member from Karnataka, seeking a CBI probe into Congress leader and LoP in LokSabha Rahul Gandhi's alleged British Citizenship, the Allahabad High Court today asked the Union of India about the proposed decision on the representation-cum-complaint sent by the PIL petitioner to the competent authority, under Section 9(2) of...
High Court Takes Suo Moto Cognizance Of News Report Flagging Potential Danger Of Electrocution Among Children Studying In Bilaspur Primary School
The Chhattisgarh High Court registered a suo-moto case based on the newspaper item that uncovers the dilapidated condition of the primary school building and the danger of electrocution amongst the children studying in the school. The news item goes on to state that the children of the Government Primary School, Tukardih (Bilaspur) are studying amidst the danger of being electrocuted. It...