Over Speed & High Speed Are Relative Terms, Driving At High Speed By Itself Doesn't Mean Accused Was Rash Or Negligent: Kerala High Court

The Kerala High Court upheld the conviction imposed upon an accused under Section 304 Part II of the IPC for causing the death of a motor bike rider by driving his car on the wrong side of the road after consuming alcohol beyond the permissible limit.Section 304 defines culpable homicide not amounting to murder. A person is convicted under Section 304 Part II of the IPC when he does an act...

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife.A single judge bench of Justice Ashok S Kinagi held thus while dismissing a petition filed by one B...

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad

The Kerala High Court has directed the District Legal Services Authority (DLSA), Wayanad to chalk out a long-term plan to increase awareness about negative aspects of child marriage and dissuading people from it. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu passed this order in a Suo Motu proceedings initiated by the Court in 2016 on a report by the DLSA Chairman...

1984 Anti-Sikh Riots: Congress Leader Jagdish Tytler Moves Delhi High Court To Stay Trial In Murder Case

Congress leader Jagdish Tytler on Monday (November 11) approached the Delhi High Court seeking stay on the trial court proceedings against him in a case relation to the killing of three individuals during the 1984 anti-Sikh riots.Tytler has sought stay on trial court proceedings till the pendency of his petition before High Court challenging the framing of murder charges against him. A...

GST | Assessee Entitled To Fresh Notice If Initial Notice U/S 73 Was Missed Due To Being Uploaded Under 'Additional Notices' Tab: Allahabad HC

The Allahabad High Court has held that an assessee is entitled to fresh notices demanding unpaid tax or short tax under Section 73 of the Goods and Service Tax Act, 2017, if the initial notices were not duly communicated to the assessee. A division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar relied on Ola Fleet Technologies Pvt. Ltd. v. State of UP (2024)...

ANI Defamation Suit: Delhi HC Closes Wikipedia's Appeal Following Consent Order, Allows It To Serve Summons To Users Who 'Edited' ANI Page

The Delhi High Court on Monday (November 11) closed an appeal filed by Wikimedia Foundation, which hosts Wikipedia platform, against a single judge bench's order directing it to disclose subscriber details of three individuals who edited Asian News International (ANI) Wikipedia page.This was after both the parties entered into a consent order and resolved the matter.A division bench...

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court

The Madras High Court recently held that the High Court was not empowered to condone the delay in filing an appeal under the National Investigating Agency Act 2008 beyond the permissible limit. As per Section 21 of the Act, an appeal has to be made within 30 days of the date of the order or judgment. The Section allows the High Courts to entertain an appeal even after expiry of 30 days...

DUSU Elections: Delhi High Court Allows Counting Of Votes On Or Before Nov 26 Provided All Defacement Is Cleaned Up By Candidates

The Delhi High Court on Monday directed the Delhi University to undertake the process of counting of votes for Delhi University Students' Union (DUSU) elections on or before November 26, provided all the sites which were defaced by the contesting candidates are cleaned up and repainted within a week.A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela said that...

Karnataka High Court Weekly Round-Up: November 4 To November 10, 2024

Citations: 2024 LiveLaw (Kar) 455 To 2024 LiveLaw (Kar) 463Nominal Index:Siji Malayil & ANR And Union of India & ANR. 2024 LiveLaw (Kar) 455B. SATHYANARAYANACHAR AND State of Karnataka & Others. 2024 LiveLaw (Kar) 456Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others. 2024 LiveLaw (Kar) 457XXX AND STATE BY WOMEN POLICE STATION & ANR. 2024 LiveLaw...

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal

The Indore bench of the Madhya Pradesh High Court denied adding certain persons as a necessary parties to a suit pertaining to a property dispute, observing that despite having full knowledge of the execution of the sale deed during the trial before the lower court the petitioners-original plaintiffs, did not file the application for adding proposed transferees at that juncture.In doing so...

Karnataka HC Orders Formation Of Three-Member Committee To Inspect Allama Prabhu Swamy Temple In Plea To Declare It As Ancient Monument

The Karnataka High Court on Monday directed the State Chief Secretary to constitute a three member committee to inspect the site of Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district and submit a report in respect of the temple and its structures be treated as Ancient monument to ensure its preservation.A division bench of Chief Justice N V Anjaria and Justice K...

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court

The Sikkim High Court recently set aside the judgment of a Trial Court by which it acquitted a person charged with Sections 9(m) and 9(n) of POCSO Act and Section 354 of IPC on the ground that Trial Court was in error in acquitting the accused despite the unwavering evidence of the child victim on record and her evidence being wholly trustworthy.The single judge bench of Justice Meenakshi...