Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC

The Telangana High Court has underscored that courts must proceed with utmost caution in matters involving persons of unsound mind so that their rights are protected, adding that if a party to a suit alleges that the opposing party is of unsound mind held that the court must conduct a judicial inquiry to determine whether the allegation is true. Justice K. Sujana while referring to Andhra...

Amendment To Affidavit For Incorporating Statement Of Truth Impermissible: Jharkhand High Court

The Jharkhand High Court has reiterated that an amendment to the affidavit in a commercial suit pleading, seeking to incorporate a statement of truth, is impermissible under the provisions of the Commercial Courts Act, 2015.The Court emphasised that the statement of truth must be filed in the prescribed format under Rule 15A of the Act, and cannot be amended by altering the affidavit annexed...

Allahabad HC Appoints Rtd. CJ Govind Mathur To Lead Commission To Probe PCS-J Exam 2022 'Irregularities'

While hearing several pleas concerning the allegations of serious irregularities in the UP-PCSJ (Mains) 2022 examination, the Allahabad High Court has appointed former Chief Justice Govind Mathur to lead an independent commission to probe into the matter. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh has urged the commission to file a report by May 31st, 2025,...

S.12(5) Of A&C Act Provides For Agreement In Writing, Novation Can't Be Allowed Only Because Of Appointment Of Arbitrator At First Instance: Patna HC

The Patna High Court Bench of Chief Justice K. Vinod Chandran has held that the proviso to Section 12(5) specifically provided for a waiver by an express agreement in writing. When the statute provides for an express agreement in writing there can be no novation of the agreement found, by reason only of the appointment of an Arbitrator at the first...

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court

The Karnataka High Court recently upheld an order of the single judge which dismissed a petition filed by the original grantee of a land who had sought restoration of land to themselves, 12 years after it was first transferred to private persons. A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed an appeal filed by M Manjula and others who are heirs of one...

Jharkhand High Court Rejects Intervenor's Plea To Join Property Dispute, Reiterates Agreement To Sell Confers Only Preferential Right, Not Ownership Title

In a recent ruling, the Jharkhand High Court has reiterated that an agreement to sell does not confer any titles or ownership rights in a property, rather, it only confers preferential rights to the person in the favor of whom the agreement is executed.Justice Subhash Chand, presiding over the case, emphasized, “it is the settled law that agreement to sell does not confer any title, it...

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.The allegation against the two judicial officers (petitioners) was that, during their time in the Judicial Academy, they had gotten into a tussle with...

Remedy Under A&C Act Is In Addition To Remedies Under Special Statutes, But Once Elected Other Remedies Are Barred For Same Dispute: Calcutta HC

The Calcutta High Court bench comprising Justice Krishna Rao has observed that the remedy available under the Arbitration and Conciliation Act, 1996 is in addition to the remedies available under other special statutes and the availability of alternative remedies is not a bar to the entertaining of a petition under the Arbitration and Conciliation Act, 1996. But once elected, then...

[Custodial Death] Madhya Pradesh HC Directs Shifting Of Eye-Witness To Gwalior Central Jail After Allegations Of Harassment By Police

While hearing a case claiming police brutality inside jail premises, the Gwalior bench of the Madhya Pradesh High Court directed the shifting of a man to another jail, who is stated to be the "eye witness" to the alleged custodial death of another person, during the pendency of his case.A single-judge bench of Justice Milind Ramesh Phadke in his order observed, “Looking to the...

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable.Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight in the argument advanced...

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court

The Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty.A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held:"The term “quarrel”, by its very definition, involves two parties....

Telangana High Court Grants Anticipatory Bail To Six Persons Accused Of Attacking District Collector

The Telangana High Court granted anticipatory bail to six persons–including a woman, accused of carrying out an attack on a District Collector in Lagcherla Village last month allegedly during a public hearing regarding the setting up of the proposed Pharma company in the village.It was alleged that when the District Collector and other officers reached the village, various persons including...