All High Courts
Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court
The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal (DRT) or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').Clarifying the jurisdictional issue, the Division...
Police Can Act Against Lawyers Misusing Advocate Stickers To Seek Immunity From Traffic Offences: Madras High Court Tells State
The Madras High Court on Tuesday told the State Government that police could take action against lawyers who were using Advocate Stickers to seek immunity from traffic offences. The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq were hearing a plea seeking to implement court orders and Government press release and penalise those who misused the Motor Vehicles Act and...
Karnataka High Court Grants Bail To Whistleblower Advocate G Devarajegowda In Alleged Rape Case
The Karnataka High Court on Monday granted bail to Advocate G Devarajegowda in a rape case registered against him at the Holenarasipura Police Station. A single-judge bench of Justice M G Uma allowed the petition filed by the accused. Gowda is reported to be the whistle-blower of the alleged obscene video scandal involving former JD (S) MP Prajwal Revanna.The court said, “I am of the...
Karnataka High Court Reserves Order On Kannada News Channel Power TV's Plea Against Restraint On Its Broadcast
The Karnataka High Court on Tuesday reserved its order on the appeal filed by M/s Power Smart Media Private Limited which operates Kannada news channel 'Power TV' challenging the interim order passed by the single judge bench, restraining it from broadcasting. A division bench of Chief Justice N V Anjaria and Justice K V Aravind heard the parties, reserved the order, and said it would...
Woman Diagnosed With Cancer Seeks To Abort 24-Weeks Pregnancy, Bombay High Court Constitutes Medical Board
The Bombay High Court on Monday constituted a medical board to examine if the 24-weeks pregnancy of a married woman could be terminated so as to allow her to avail treatment against cancer.A division bench of Justices Ajay Gadkari and Neela Gokhale noted that the woman was diagnosed with pancreatic cancer while she was pregnant. "We require the authorities at the K.E.M. Hospital, Mumbai...
Take Steps To Avoid Delays In Filing Arbitration Appeals: Allahabad High Court To State's Principal Law Secretary
The Allahabad High Court has directed the Principal Secretary (Law), Uttar Pradesh to take steps to avoid delays in filing arbitration appeals beyond statutory limitations by the State Government and submit a report on the actions taken in this regard within 6 months.While deciding an appeal under Section 37 of the Arbitration & Conciliation Act, 1996 filed by the Government of Uttar...
Increased Awareness About Rights, Powers & Duties Led To 'Steep' Rise In Criminal Cases Lodged By SC/ST Community: Allahabad HC
The Allahabad High Court has noted a significant increase in the number of criminal cases lodged by members of the Scheduled Caste (SC) and Scheduled Tribes (ST) community. A bench of Justice Chandra Kumar Rai noted that this upsurge could be attributed to the heightened awareness among the SC/ST Community regarding their rights, powers, and duties, facilitated by the proliferation...
Person Seeking Transfer Of License On Compassionate Grounds Must Be "Dependent" Of Deceased: Jharkhand High Court
The Jharkhand High Court has ruled that a person seeking the transfer of a license on compassionate grounds must be a dependent of the deceased and must claim the license on compassionate grounds.While clarifying the application of Clause-11 Cha and Clause-11 Ja of the Jharkhand Targeted Public Distribution System Control Order, 2022, Justice Ananda Sen held, “Clause-11 Cha of the Order,...
Prosecution In Serious Offences Like Rape Cannot Be Withdrawn Based On Forgiveness Of Victim: Meghalaya High Court
The Meghalaya High Court has held that the victim of rape expressing forgiveness towards the accused and wishing not to proceed further in the case is not a ground to quash the First Information Report (FIR) against the accused. Justice B. Bhattacharjee further said it is for the Trial Court to decide whether there was a presence of consent based on such forgiveness.The bench was considering...
Waqf Tribunal Can't Entertain Pending Property Suits If Instituted Prior To Commencement Of Waqf Act: MP High Court
Madhya Pradesh High Court has recently held that the Waqf Tribunal does not have the jurisdiction to decide cases pending before civil courts regarding the nature of ownership of the disputed property, instituted before the commencement of the Waqf (M.P. Amendment) Act, 1994.The single judge bench of Justice Sanjay Dwivedi held as below:“…in view of Subsection (5) of Section 7, the Act...
Conviction U/S 364A IPC Requires Proof Of Abduction With Ransom Demand & Life Threat: Chhattisgarh High Court
The Chhattisgarh High Court has held that no conviction can be made out under Section 364A of IPC unless it is proved by the prosecution that abduction was coupled with ransom demand and life threat. A bench of Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput observed this while acquitting two accused convicted by the trial court in 2022 under Sections 364A, 343 and 323/34...
"No Intent To Harm Reputation": Kerala High Court Quashes Defamation Case Against Editor & Publisher Of Madhyamam Newspaper
The Kerala High Court has quashed proceedings initiated against the editor and publisher of Madhyamam newspaper under Section 499 of the IPC on finding that the alleged news item was published without intention or knowledge to harm the reputation of the complainant.Section 499 of the IPC defines defamation and the essential ingredients to constitute an offence of defamation. Section 500 of...