All High Courts
Registered Cranes, Excavators Are 'Motor Vehicle' If Road Use Permitted, Insurer Liable Even If Accident Occurs In Mine: MP High Court
The Madhya Pradesh High Court has held that earth moving machines like road rollers, excavators, or cranes, if duly registered with the Transport Department under the Motor Vehicle Act, 1988 and have permission for normal road use, qualify the definition of 'motor vehicle'.The bench of Justice Himanshu Joshi further held that such machines will then make the insurance company liable for...
Pre-Cognisance Hearing U/S 223 BNSS Is Mandatory Safeguard, Failure To Comply Vitiates Process: Patna High Court
The Patna High Court recently held that the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is mandatory, emphasizing that a pre-cognizance hearing constitutes an essential procedural safeguard for the accused. The Court further observed that any opportunity granted to the accused during the summoning stage cannot cure the defect arising from non-compliance with...
Estranged Husband Entitled To Compensation Towards Loss Of Consortium Upon Wife's Death In Road Accident: MP High Court
The Madhya Pradesh High Court has granted compensation towards loss of consortium to a man, for the death of his wife, despite the fact that the couple had been living separately.The court, citing the case of United India Insurance Company Ltd v Satinder Kaur [(2021) 11 SCC 780], reiterated that the principle of consortium applies to spousal, parental and filial consortium and applies even...
Delhi High Court Issues Notice On Plea Challenging Bar On Appeals Against CCI Settlement Orders
The Delhi High Court has issued notice on a plea challenging the provisions barring filing of appeal or judicial review against the settlement orders passed by the Competition Commission of India (CCI). A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government through Ministry of Corporate Affairs and CCI within six weeks....
"Motorcycles Not Meant To Be Used As Passenger Vehicles”: Karnataka Govt Tells High Court On Bike-Taxi Ban
The Karnataka High Court on Thursday heard appeals filed by Rapido, Uber and Ola against a single-judge order that had barred bike-taxi operations in the State until guidelines were framed under the Motor Vehicles Act, 1988. Appearing for the State, Advocate General Shashi Kiran Shetty told the division bench that “motorcycle cannot be a transport vehicle”, insisting that the...
Kerala High Court Seeks Bar Council's Stand On Lawyers' Plea Alleging It Charged 'Excess' Fees For Enrolment
The Kerala High Court on Friday (November 14) sought the State Bar Council's stand while considering a plea preferred by seven lawyers challenging 'excess' fees charged by the body to conduct their enrolments.Justice V.G. Arun today gave time to the standing counsel to take instructions from the Bar Council of Kerala (BCK) regarding the same.In the plea, the petitioners, who are members of...
Claims Under 'Roshni Act' Void Ab-Initio, Any Vesting Of Ownership Rights Extinguished From Inception: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that the Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001 (“Roshni Act”) having been declared unconstitutional, contrary to law, and void ab initio cannot form the basis of any legal right, title, or claim. The Court ruled that all actions, applications, and entitlements sought under the Roshni Act stand...
Kerala High Court Asks CBFC To Reconsider Haal Movie Certification Issue, Filmmakers Decide To Delete Beef Biryani Scene, Few Dialogues
The Kerala High Court on Friday (November 14) asked the makers of Shane Nigam starrer 'Haal' to re-approach the Central Board of Film Certification.Justice V.G. Arun allowed the plea and quashed the CBFC's decision. The Court observed:"In the case at hand it is clear that, instead of judging the film as would be done by an ordinary prudent person, the Board's focus was on whether the film...
Delhi High Court Seeks Centre's Reply To Ashok Swain's Plea Against 'Continuous Restraint' On Entering India Despite OCI Card Restoration
Academician and writer Ashok Swain on Friday moved the Delhi High Court against the alleged continuous restraint imposed upon him from entering India, despite a judicial order quashing Central Government's directive cancelling his OCI card. Justice Sachin Datta today issued notice on the plea and sought response of Union Government through Ministries of Home Affairs and External Affairs,...
'Absence Of Arbitration Clause In Agreement Does Not Render Dispute Non-Arbitrable': Bombay High Court
The Bombay High Court has held that the absence of an independent arbitration clause in a supplemental agreement, when the principal agreement contains an arbitration clause, does not render the dispute non-arbitrable. The Court ruled that a supplemental agreement, merely ancillary to the principal agreement, which seeks to record that the consideration under the Development Agreement...
Trial Courts In UP Are At Liberty To Write Judgments Either In Hindi Or English, But Not A Mix Of Both: Allahabad High Court
In a significant directive, the Allahabad High Court has said that while trial courts in Uttar Pradesh are at liberty to write their judgments either in Hindi or in English, they cannot write judgments that are partially in English and partially in Hindi. Terming an acquittal judgment by a Sessions Court in Agra a 'classic example' of this impermissible practice, the Bench directed...
Expedite Trials In 216 Pending Criminal Cases Against Sitting And Former MPs/MLAs Where No Stay Operates: Madras High Court
The Madras High Court has directed the trial courts in the State to expedite trial in the criminal cases pending against sitting and former MPs and MLAs in the State. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan also directed the trial courts not to grant unnecessary adjournments in cases where the trial was pending for more than five years....