High Courts
S.148 NI Act | Appellate Court May Relax Condition To Deposit Minimum 20% Fine If Exceptional Case Made Out: Andhra Pradesh High Court
The Andhra Pradesh High Court has clarified that the provision enabling an appellate court to suspend a conviction order under Negotiable Instruments Act, by directing deposit (under section 148) of minimum 20% of the fine or compensation awarded by the trial court, is discretionary in nature and not mandatory.The order was passed by Justice B V L N Chakravarthi in a criminal petition filed...
S. 27 Evidence Act | Discovery Of Facts Concerning Co-Accused Would Be Admissible To Establish Charge Of Conspiracy: Chhattisgarh HC
In a recent judgement, relying heavily on circumstantial evidence to establish the accused's connection to the crime, the Chhattisgarh High Court upheld the convictions of several individuals involved in a murder case which was centred around a conspiracy linked to an extramarital affair.In its judgement, the Court emphasised the application of Section 27 of the Indian Evidence Act, 1872, in...
Collapse Of Shivaji Maharaj Statue Brought 'International Shame' To India: PIL In Bombay High Court Seeks FIR Against PWD Engineers
A former journalist has approached the Bombay High Court seeking registration of First Information Report (FIR) against the engineers of the Public Works Department (PWD) of the Maharashtra government's Malwan Division, over the sudden collapse of the 40-feet grand statue of Chhatrapati Shivaji Maharaj at Sindhudurg district.Unveiled by Prime Minister Narendra Modi in the presence of...
'Rights Of Complainant-Accused Seriously Prejudiced', High Court Flags Pendency Of Cancellation Report With Police Superintendent For 7 Yrs
Observing that it seriously prejudices the rights of both complainant and accused, the Punjab & Haryana High Court has flagged the issue of cancellation reports pending consideration before concerned Superintendents of Police in Haryana for years.Cancellation report is filed by the police after investigation when no material is found against the accused to file the chargesheet.Justice...
Woman's Right To Reside In Matrimonial Household Must Be Balanced With Protections Afforded Under Senior Citizens Act: Delhi High Court
The Delhi High Court has recently observed that the right to residence in matrimonial or shared household of women under the Domestic Violence Act must be balanced with the protections afforded to senior citizens under the Senior Citizens Act. Justice Sanjeev Narula observed that a harmonious interpretation must be given to both the statutes to ensure justice is tailored to the specific...
No Invariable Rule That Prescriptive Easement Right Of Way Can't Be Claimed Over Ridge Of Paddy Fields, Burden Lies On Claimant: Kerala HC
The Kerala High Court has held that there is no absolute rule that prescriptive easement right of way cannot be claimed over ridges of paddy field. However, the Court stated that there is a heavy burden on the user who claims prescriptive easement right of way over ridges of paddy field as a matter of right, rather than as a permissive user.The Division Bench comprising Justice Sathish Ninan...
Governor's Sanction Was Without Application Of Mind, Against Natural Justice: CM Siddaramaiah To Karnataka HC In MUDA Case
Chief Minister Siddaramaiah told the Karnataka High Court on Thursday that the Governor's sanction order permitting the former's prosecution in the alleged Mysore Urban Development Authority (MUDA) "scam" was without "application of mind", questioning the latter's decision making process which pointed to violation of principles natural justice. The high court was hearing the CM's plea...
Karnataka High Court Dismisses Pleas Challenging State Govt's Decision To Withdraw Consent For CBI Probe Against DK Shivakumar
The Karnataka High Court has dismissed the petitions filed by CBI & BJP MLA Basangouda Patil Yatnal challenging the State government's decision to withdraw consent for a CBI probe into corruption allegations against Congress leader and Deputy CM DK Shivakumar.A division bench of Justice K Somashekhar and Justice Umesh M Adiga had on August 12, reserved its order on the petitions filed by...
Delhi High Court Refuses To Quash Defamation Case Against Shashi Tharoor Over 'Scorpion' Remark Against PM Modi, Vacates Interim Stay
The Delhi High Court on Thursday refused to quash the defamation case filed against Congress MP Shashi Tharoor over his alleged "scorpion on Shivling" remark against Prime Minister Narendra Modi.Justice Anoop Kumar Mendiratta dismissed Tharoor's plea challenging the trial court order passed on April 27, 2019, summoning him in the case, as well as the complaint which was filed by BJP leader...
Madras High Court Declines To Stall Formula 4 Street Race To Be Held In Chennai From August 31st To September 1st
The Madras High Court on Thursday refused to stall the Formula 4 Street Race that is scheduled to be held in Chennai on August 31st and September 1st, 2024. The division bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji allowed the race to be conducted subject to obtaining a license from the Federation Internationale de l'Automobile (FIA) which was to be obtained on...
'Love Of Father Cannot Be Better Than Mother's Love': Punjab & Haryana High Court Directs Father To Hand Over Custody Of 2 Yr-Old To Mother
Observing that "love of father cannot be better in any manner from mother's love", the Punjab & Haryana High Court has directed to hand over the custody of 2-year-old son to his mother, who was allegedly detained by his father from his mother's residence.Justice Gurbir Singh said, "A mother's love is the very definition of sacrifice and dedication. At the age of 2 1⁄2 years, the...
No Law Prohibits Grant Of Temporary Permission To Ganesh Mandals For Erecting Pandals: Bombay High Court
The Bombay High Court has dismissed an application that challenged the decision of State authorities to grant temporary permission for erecting Ganesh pandals in an open area of land in Andheri, Mumbai. The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar noted that the land has been allocated temporarily for the Ganesh Chaturthi festival and that the pandals...