High Courts
Keeping Mutual Divorce Proceedings Pending Causes Mental Agony: Bombay High Court Waives 6 Months Cooling Period, Dissolves Marriage
A newly married couple, unable to reside together for various reasons, itself is mental agony, said the Bombay High Court recently, while holding that in cases where the wife and husband have agreed to mutual divorce and there being no scope for reconciliation, the mandatory six months cooling off period can be waived off.Single-judge Justice Gauri Godse dissolved a marriage between a...
[S.163A MV Act] Legal Heirs Of Person Driving Borrowed Vehicle Cannot Claim Compensation For Injury Or Death In Accident: Gauhati HC
The Gauhati High Court recently set aside a judgment of Motor Accident Claims Tribunal which awarded a compensation of Rs. 2,54,000/- to the legal heirs of a deceased person who was driving a borrowed motorcycle, on the ground that a borrower of a vehicle if gets injured or dies in an accident while using a vehicle owned by somebody else, his legal heirs cannot claim compensation under...
Trial Court Must Assign Special Reasons For Imposing Double The Cheque Amount As Fine In Cheque Dishonour Cases: Karnataka High Court
The Karnataka High Court has said that special reasons are to be assigned by the trial court while imposing double the cheque amount as fine on holding the accused guilty for offence punishable under Section 138 of the Negotiable Instruments Act.A single judge bench of Justice V Srishananda held thus while partly allowing a petition filed by one Francis Zavier W, challenging the order...
'Shocking State Of Affairs': Delhi High Court Raps MCD For Unbarricaded, Dirty Drain In Plea Over Mother-Son Deaths In Gazipur
The Delhi High Court on Tuesday rapped the Municipal Corporation of Delhi (MCD) over an unbarricaded and uncleaned drain in the national capital where a mother and her three year old son recently fell and died due to water-logging amid heavy rains.Calling it a shocking state of affairs, the court said that the senior officials of the civic body were not performing their supervisory functions....
Wife Lodging FIR Against Husband Leading To His Conviction Is 'Mental Cruelty', Doesn't Deserve Alimony: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that wife's action of lodging FIR against the husband in which he is convicted amounts to mental cruelty inflicted on husband. It thus dissolved the marriage of a couple upon the convicted husband's plea.Justice Sureshwar Thakur and Justice Sudeepti Sharma said,"...wife lodged an FIR against the appellant/husband, resulting in the appellant's...
Enterprises Engaged In Hazardous Activities Strictly Liable For Accidents: J&K HC Orders ₹20 Lakh Compensation For Youth Electrocuted By Transformer
The Jammu and Kashmir High Court reinforced the doctrine of strict liability in a ruling, emphasizing that enterprises engaging in hazardous or inherently dangerous activities are “strictly and absolutely” liable to compensate individuals harmed by accidents resulting from such activities.In allowing a plea of a person who was eight years old when he got electrocuted resulting in...
Justice Dispensation System In J&K Is A "Cruel Joke", Over 6,000 Contempt Petitions Pending: High Court Summons Chief Secy, Top Officials
In a scathing indictment of the Jammu and Kashmir administration, the High Court has summoned the Chief Secretary, Finance Secretary, Secretary GAD and Secretary PWD R&B for their failure to comply with a court order issued over a year ago. The court described the justice dispensation system in the Union Territory as a "cruel joke" and expressed its shock at the "couldn't careless"...
Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance
Noting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the findings of the learned Trial Court, it is clear...
Delhi High Court Asks Registrar General To Decide Plea For Increasing E-Filing Size Limit
The Delhi High Court on Tuesday directed its Registrar General to decide a representation seeking increase in the e-filing size of documents to be filed before the Delhi High Court as well as district courts in the national capital. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the Registrar General to decide the representation after...
Judicial Magistrate Can Order Voice Samples Of Accused For Investigation Of Crime: Gujarat High Court
The Gujarat High Court has recently observed that judicial magistrates have the power to order individuals, including accused persons, to provide voice samples for crime investigations. Referring to the Supreme Court's decision in Ritesh Sinha v State of Uttar Pradesh and Another, a single judge bench of Justice Gita Gopi in its July 16 judgment said, "Judicial Magistrate do have power to order...
Can Hearing Of Appeal Be Deferred Until Convict Is In 'Fit State Of Mind' To Give Instructions To Lawyer? Delhi High Court To Consider
The Delhi High Court is set to consider a question as to whether hearing of an appeal against conviction can be deferred until the convict is in the fit state of mind to give instructions to his or her counsel. A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma was dealing with a plea moved by a convict challenging his conviction in 2002 in a murder case. He...
'Corporal Punishment Isn't Part Of Education, Against Article 21': Chhattisgarh HC Denies Relief To Teacher In Student's Suicide Case
Observing that subjecting a child to corporal punishment for 'reforming him' cannot be part of education and that the same violates a child's Freedom of life and liberty guaranteed by Article 21 and robs him of his dignity, the Chhattisgarh High Court recently dismissed a petition moved by a teacher seeking to quash an FIR in connection with abetting the suicide of a 12-year-old student."It...