High Courts
Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers any loss due to the negligence...
Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP
The Bombay High Court bench at Aurangabad on Tuesday dismissed an election petition challenging the election of Congress leader Shivaji Kalge to the 18th Lok Sabha, from Latur constituency in Maharashtra.A candidate from the Vanchit Bahujan Aghadi (VBA) had challenged Kalge's election on the ground that he fraudulently won the election by claiming to be belonging to the 'Mala Jangam' case of...
Arbitration | Absence Of Monetary Claim In Section 21 Notice Doesn't Negate Existence Of Dispute: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that due to the broad interpretation of the term "dispute," the court cannot definitively conclude that no dispute exists between the parties, even in the absence of a monetary claim by the Petitioner against the Respondent in the notice issued under Section 21 of the Arbitration and Conciliation Act, 1996. Section...
Patna High Court Warns BDOs 'Complicit' With Local Leaders; Orders Sensitisation About Panchayat Raj Act, Directions Of Election Commission
The Patna High Court today directed the Bihar Government to convene a state-level meeting of all the Block Development Officers (BDOs) cum Executive Officers of Panchayat Samitis to sensitize and aware them about the working of the Bihar Panchayat Raj Act, 2006, the directions issued by the State Election Commission and the judgments passed by the High Court regarding the Act. The...
"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged Girl
Observing that he crossed all the limits of humanity, the Bombay High Court bench at Nagpur, recently upheld the conviction of a man for raping and impregnating a neighbourhood girl, who was suffering from Down syndrome.Single-judge Justice Govind Sanap noted from the material on record that there was sufficient evidence to prove beyond reasonable doubt that it was the appellant, who raped...
Presumption U/S 90 Evidence Act Not Applicable To Certified Copies Of Gift Deed, Beneficiary Must Prove Claim Over Property: Karnataka HC
The Karnataka High Court has said that a beneficiary of a gift deed has to prove his title over the property received under such a deed by examining witnesses. It held that a presumption in his favour under Section 90 of the Evidence Act cannot be drawn based on producing certified copies of the deed.Section 90 of the Evidence Act reads thus: Presumption as to documents thirty years old....
Live-In Couple Involving Minor Partner Cannot Seek Protection Irrespective Of Their Religion: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that live-in couple wherein one or both the partners are minor cannot seek protection from Court because they are not competent to enter into contract.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma held,"There is a bar against a minor entering into a contract...disability whereof also covers the makings of ill choices qua the...
Bombay High Court Declines Urgent Hearing Of PIL Seeking Ban On Use Of DJ, Beam Lights During Eid-e-Milad
The Bombay High Court on Tuesday refused to grant an urgent hearing to a Public Interest Litigation (PIL) petition seeking a complete ban on the use of DJ and beam lights during the celebrations of the upcoming Eid-e-Milad celebrations. Four residents of Pune City have petitioned the High Court seeking a complete ban on use of DJ and beam lights claiming that the Muslim youth cannot dance to...
Supreme Court Collegium Recommends Appointing Three Judicial Officers As Judges Of Madras High Court
The Supreme court collegium has recommended appointing three judicial officers as judges of the Madras High CourtThe officers are(i) Ms R Poornima,(ii) Shri M Jothiraman, and(iii) Dr (Smt) Augustine Devadoss Maria Clete.Regarding Ms R Poornima, who joined as a District Judge in the year 2011, the collegium observed that the officer had maintained integrity and had good personal and...
Supreme Court Collegium Recommends Making Justice Victoria Gowri & 4 Others Permanent Judges Of Madras High Court
The Supreme court collegium has recommended making five additional judges of Madras High Court permanent.The judges are(i) Justice L Victoria Gowri,(ii) Justice PB Balaji,(iii) Justice KK Ramakrishnan,(iv) Justice R. Kalaimathi, and(v) Justice K Govindarajan ThilakavadiThe Madras High Court collegium had unanimously resolved to make the judges permanent on 29th April 2024. The Chief Minister...
Married Persons Facing Threats For Entering Live-In Relationship Outside Wedlock Should Be Given Protection: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that married persons entering into live-in relationship outside of their wedlock should be given protection, if they are facing threats by "any moral vigilant."Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma referring to Joseph Shine versus Union of India, where the Apex Court decriminalised adultery, said every person has "autonomy...
Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. The court emphasized that allowing the petition to lapse on this ground would undermine the rule of law and suggest that personal liberty is restored merely by the passage of time, rather...