All High Courts
[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....
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...
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...
Madras HC Quashes Loan Condition Seeking Apology From Applicant For Sticking Posters Against Bank, Says It's A Legitimate Mode Of Protest
The Madras High Court recently quashed a pre-release condition imposed by the Indian Overseas Bank asking a student to give an apology letter for circulating posters against the Bank while sanctioning her education loan. Justice Murali Shankar noted that the Nationalised Banks could not treat a loan applicant, especially a student as their servant or a person obeying their orders....
Compensation Awarded By CIC Has To Directly Correlate With Personal Detriment Experienced By Complainant: Delhi High Court
The Delhi High Court has ruled that the compensation awarded by Central Information Commission (CIC) under the Right to Information Act, 2005, has to directly correlate with the personal detriment experienced by the complainant. “Thus, while the CIC possesses the authority to award compensation to information seeker, it is imperative that such compensation directly correlates with the...
Bill Has Not Assumed Character Of Law: Karnataka HC Dismisses Plea Challenging Draft Bill Providing Reservation To Kannadigas In Private Employment
The Karnataka High Court on Tuesday dismissed a public interest litigation challenging the constitutional validity of the draft bill approved by the State cabinet for providing 50% reservation in management and 70% in non-management posts for Kannadigas in private industries and other organisations of the state. A division bench of Chief Justice N V Anjaria and Justice K V...
Criminal Antecedents Of Accused Not Bar To Compound An Offence, Which Is Otherwise Compoundable: Kerala High Court
The Kerala High Court has held that the criminal antecedents of the accused would not stand in the way of compounding an offence that is otherwise compoundable under the Indian Penal Code.Justice A. Badharudeen observed that prime facie an offence of theft was made out against the petitioner which is a compoundable offence. It stated that theft is a compoundable offence and could be settled...
Barred By Limitation? : Allahabad HC Reserves Order On Maintainability Of Maneka Gandhi's Plea Against Sultanpur MP's Election
The Allahabad High Court (Lucknow Bench) on Monday reserved its order on the maintainability of the plea moved by Senior BJP leader, former MP and Cabinet Minister Maneka Gandhi challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency.A bench of Justice Rajan Roy reserved orders after hearing Senior Advocate Siddharth Luthra (appearing for...