Tendering Apology As A Matter Of Course To Escape Consequences Of Hate Speech Cannot Be Entertained: Madras High Court

While dismissing the anticipatory bail petition filed by South Indian actress Kasthuri for allegedly making controversial remarks against the Telugu community in Tamil Nadu, the Madras High Court observed that the courts could not entertain apology tendered as a matter of course after making derogatory and scurrilous statements bordering hate speech."A strong message must be sent by the...

Initiation Of Prosecution U/S 51 Of Black Money Act Not Dependent On Completion Of Assessment Proceedings U/S 10 For Tax Evasion: Delhi HC

The Delhi High Court has held that initiation of prosecution under Section 51 of the Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act, 2015 is not dependent on completion of assessment proceedings initiated against an accused under Section 10 to determine tax evasion. The Black Money Act, 2015 is designed to address "undisclosed assets located outside...

Bombay HC Restrains Sports Authority Of India From Using Unlicensed Songs Of Phonograhic Performance Ltd At 'Horn Okay Please' Food Festival

In what could spell trouble for Delhi's popular food festival - 'Horn Ok Please', the Bombay High Court in an interim order on Tuesday (November 12) restrained the Sports Authority of India (SAI) from playing songs or music owned by the Phonograhic Performance Limited (PPL) without obtaining prior licence. Notably, the Horn Ok Please festival will be held in SAI's Jawaharlal Nehru Sports...

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident.The appellant had approached the High Court challenging the award of rupees 75,000 by the Motor Accident Claims Tribunal. Justice Johnson...

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. Facts The respondent issued a work order in favour of the petitioner for the design,...

Advocates Should Try To Resolve Matrimonial Disputes 'Without Adding Fuel To Fire': Madras High Court Suggests BCI To Form Guidelines

The Madras High Court recently suggested the Bar Council of India to formulate guidelines ensuring that Advocates resolve matrimonial disputes amicably without adding fuel to the fire. The bench of Justice Bhavani Subbaroyan and Justice KK Ramakrishnan remarked that lawyers had an enormous social responsibility to ensure that the social fiber of family life is not ruined or...

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them.The court passed the order in two appeals filed by...

Govt To Consider Verifying Criminal Antecedents Of School Teachers Before Appointment: State Tells Madras High Court

The Tamil Nadu government on Wednesday (November 13) informed the Madras High Court that it was considering bringing in a proposal whereby appointments to the Secondary Grade Teachers, PG Assistants, or any other posts in the Government schools and government Aided Institutions shall be made only after verifying the antecedents of the candidates. The submission was made before a bench...

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11(6) of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about the fact that as a constitutional court and court...

2022 Arson Case | Allahabad High Court Grants Bail To Disqualified SP MLA Irfan Solanki, Refuses To Stay Conviction

The Allahabad High Court on Thursday granted bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case in which he was sentenced by a Special Court in Kanpur to seven years' rigorous imprisonment in June this year. However, a bench of Justice Rajiv Gupta and Justice Surendra Singh refused to stay his conviction, clearing the way for the...

Priority In Admission To Kendriya Vidyalaya Not A Vested Right: Karnataka HC Declines Plea By Students Seeking 'Grandparents Sponsoring Quota'

The Karnataka High Court has said that priority in admission to school cannot be construed to be a vested right and priority provided in the previous academic year cannot be enforced as a legal right for continuation of such quota.A Division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while dismissing an appeal filed by grandchildren of serving/retired employees of...

Court's Declaration Of Civil Death U/S 108 Evidence Act Wouldn't Lead To A Presumption About Date & Time Of Death: Allahabad HC

The Allahabad High Court has observed that a civil court's declaration of civil death of a person under Section 108 of the Indian Evidence Act, 1872, would not lead to a presumption about the date and time of his death. A bench of Justice Rajan Roy and Justice Om Prakash Shukla further observed that the presumption of Section 108 is not the only mechanism for declaring death and that...