High Courts
Gujarat High Court Permits Woman To Become Guardian Of Comatose Husband And Manage His Estate
The Gujarat High Court has granted a woman permission to become the guardian of her husband and manage his estate and movable and immovable properties, as he has been in a coma for five years following a head injury.Justice Sangeeta K. Vishen, presiding over the case, noted, “So far as the medical condition of the patient is concerned, the team of doctors, so also the medical treatment of...
Sexual Crimes Can't Be Settled On Compromise But 'Peaceful Family Life' A Humanitarian Ground If Accused & Victim Marry: Kerala High Court
The Kerala High Court has held that crimes that tarnish women's dignity and honour, such as rape, POCSO Act offences cannot be quashed on compromise or settlement. However, if the accused and victim have married and are living together peacefully, this may be a humanitarian ground to allow the quashing of the case.The 1st accused, in this case, was alleged to have sexually assaulted a...
Permitting Secondary Evidence U/S 16 Is Exception, Party Must Explain Circumstances Under Which Photocopy Is Prepared: MP High Court
In a notable ruling, the Madhya Pradesh High Court has emphasized the necessity of establishing a "factual foundation" for admitting photocopies as secondary evidence under Section 65 of the Indian Evidence Act. The petitioner, Santosh Chouhan, had filed a civil suit for specific performance of contract and sought to introduce photocopies of documents as secondary evidence. The trial...
Delhi High Court Rejects PIL Against Centre's Notification Declaring June 25 As 'Samvidhaan Hatya Diwas'
The Delhi High Court on Friday dismissed a PIL against a recent notification issued by the Union Government declaring that 25th of June every year be observed as 'Samvidhaan Hatya Diwas' on the anniversary of the proclamation of Emergency in 1975.A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the notification in no way undermines...
"Discrimination Based On Physical Attribute": Rajasthan High Court Grants Relief To Woman Denied Geologist Post Citing 1cm Short Height
In a significant ruling by the Rajasthan High Court, the bench of Justice Farjnad Ali granted relief to a woman fighting to get the post of the geologist that she had secured based on merit but was denied by the government since she was considered 1 cm shorter than the minimum limit prescribed in some guidelines.The Court held that when the service rules for the post did not prescribe...
S.3H National Highways Act Requiring Deposit Of Compensation Prior To Taking Possession Meant To Safeguard Land Owners: Allahabad High Court
The Allahabad High Court has held that Section 3-H(1) of the National Highways Act, 1956 requiring compensation to be deposited with the competent authority before taking possession of acquired land is meant for safeguarding the land owners. It was held that the provision is not for the Government to delay payment of compensation and to pay the amount only when possession is taken.Section...
Petition Under Section 34 Not Maintainable Against Rejection Of Application Under Section 16 By Arbitrator: Gujarat High Court
The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held a petition under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable against the order of rejection of the application under Section 16 challenging challenging the jurisdiction of an arbitrator on the plea of res judicata and bar under Order 2 Rule 2 CPC.Order 2 Rule...
NHAI Officials Not Protected By 'Good Faith' Clause U/S 28 If Accident Result Of Failure To Maintain Roads/ Close Ditches: MP High Court
In criminal proceedings initiated by an accident victim who fell into a ditch on NH-7 at Seoni, the Madhya Pradesh High Court observed that the National Highway Authority of India (NHAI) or its officials haven't prima facie acted in 'good faith' to maintain the highway.The single-judge bench of Justice Gurpal Singh Ahluwalia added that maintaining the highway means NHAI taking adequate steps...
Passport Authority Not Bound To Impound Passports On Pendency Of Criminal Cases, S.10(3)(e) Uses 'May': Allahabad High Court
The Allahabad High Court has held that under Section 10(3)(e) of the Passports Act, 1967, it is not mandatory for the passport authority to impound passport of a person against whom criminal case(s) are pending. It has been held that the word “may” in Section 10(3) gives discretion to the passport authority to consider the case on its merits and record its satisfaction in writing if...
Madhya Pradesh High Court Acquits Rape Accused After He Completes 10 Yrs Jail Sentence
After observing that there can be no excuses for the 'sorry state of affairs' at the High Court that resulted in an accused completing his entire jail term of 10 years during the criminal appeal's pendency, Madhya Pradesh High Court has set aside a rape conviction owing to the 'discrepancies in prosecution story'.The single-judge bench of Justice Subodh Abhyankar noted that there can't be...
Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS
The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.Justice Swarana Kanta Sharma was considering the petitioner's...
Madras High Court Laments Political Favours Preventing Police From Acting Against Voter Bribery In Elections
The Madras High Court recently criticized the police force for not acting appropriately in cases involving bribery during elections. The court remarked that though the police were the only machinery that could act against such offenses, in many cases, the police were taking sides and not prosecuting expecting favors from political parties. “The Police is the only machinery which...