All High Courts
Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court
The Orissa High Court has held that application for inter-district transfer of motor accident claims cases from one tribunal to another can be done under Article 227 of the Constitution and not under the provisions of the Code of Civil Procedure.Examining the relevant statutory provisions so also the precedents, the Single Bench of Justice Sanjay Kumar Mishra held –“The party aggrieved,...
Rajasthan HC Requests Counsel To Bear Delivery Expenses Of Pregnant Minor Rape Victim Upon State Govt's Denial To Provide Funds
In a case involving a minor victim of rape, a bench of Justice Dinesh Mehta at the Rajasthan High Court requested the advocate appearing for the pregnant minor to bear all expenses relating to her delivery while hearing a petition filed by the minor's father seeking a direction to the State to bear expenses upon their denial to do so.The Court in turn requested Adv. Shreyansh Mardia to bear...
Aggrieved Person Can Challenge Sessions Court Order U/S 29 DV Act By Filing Revision Petition: Kerala High Court
The Kerala High Court has held that an aggrieved person can challenge the decision of a Sessions Court issued under Section 29 of the Protection of Women From Domestic Violence Act (DV Act) by way of a Criminal Revision Petition.The judgment was delivered by Justice Bechu Kurian Thomas in a petition filed under Article 227 of the Constitution challenging the order of the Sessions Court which...
[Mount's 6000 v. Vasco 60000] MP High Court Allows Brewery's Plea Challenging Registration Of "Similar" Label, Says It May Confuse Public
The Madhya Pradesh High Court, at its Indore bench, recently allowed a plea moved by a brewery–Mount Everest Breweries Limited, which had challenged the registration of a similar beer label–“VASCO 60000 EXTRA STRONG BEER” by a competing brewery alleging that it would lead to a potential trademark infringement.The high court however held that the there was similarity and resemblance...
Multiple Pleas In Telangana High Court Challenge Demolition Action Involving HYDRAA- Agency Tasked With Protecting Land, Lakes
Over the past two weeks, the Telangana High Court has been hearing matters challenging demolition orders, issued by the state authorities on the ground that the constructions in question were "unauthorised" or were made by encroaching the "Full Tank Level" or "buffer zone" of the water bodies around it. Apart from challenging the demolition notice issued by the concerned state...
Allahabad HC Issues Contempt Notice To Judicial Magistrate, IO Over 'Violation' Of 'Arnesh Kumar' Guidelines On Arrest & Remand
The Allahabad High Court recently issued a contempt notice to a state Judicial Officer and a Police officer for allegedly violating the Supreme Court's guidelines issued in the 2014 Arnesh Kumar Judgment on arrests and remand. A Bench of Justice Rajeev Singh issued a contempt notice (to the Judicial officer and the IO) on the ground that the Police Officer concerned took two persons...
Wife Having Extramarital Affair May Not Be Guilty Of Abetting Husband's Suicide: Gujarat High Court Quashes FIR Against Woman, Partner
The Gujarat High Court has quashed the FIR lodged by a woman's mother-in-law, accusing her and her partner of abetting the suicide of her husband. The Court observed that even if the contents of the FIR were accepted as true, it could not be established that there was any intention on the part of the accused to abet the commission of suicide by the deceased, who was the husband of the...
Allegations Of Fraudulent Signatures On Arbitration Agreements Must Be Decided By Arbitrator, Not Court Under Section 11: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that allegations of a party's signature on an arbitration agreement being obtained through fraud or misrepresentation are matters that can be decided by the arbitrator and can't be resolved by the court under Section 11 of the Arbitration and Conciliation Act, 1996. The bench further observed that the...
Proviso To Order 6 Rule 17 Of CPC Will Not Apply To Suits Instituted Prior To Amendment In 2002: Allahabad High Court
The Allahabad High Court has ruled that proviso to Order 6 Rule 17 of CPC which was inserted vide 2002 amendment will not apply to suits instituted prior to 2002.Order 6 Rule 17 of CPC empowers the Court to allow parties to alter or amend their pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining...
Criminal Justice System Extends Beyond Punishment, Focused On Reformation: Rajasthan HC Orders Release Of Poor Convicts On Probation Without Deposit
Rajasthan High Court has highlighted the importance of reformative justice and observed that apart from punishing and deterring against crime, principles and objectives of criminal law are also focused on reformation of offenders, rooted in the concept of probation.“Modern criminal Justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive...
Uddhav Thackeray Did Not Hurt Religious Sentiments, Plea Filed For Publicity: Bombay High Court Orders Man To Pay Rs 2 Lakhs To Former CM
The Aurangabad Bench of the Bombay High Court, recently held that Maharashtra's former Chief Minister and the President of the divided Shiv Sena - Uddhav Thackeray did not hurt religious sentiments by not applying the sacred ash on his forehead, presented to him by a Mahant (Priest) during a public event in Nanded.Single-judge Justice Sanjay Mehare also imposed a cost of Rs 2 lakhs on...
Kerala High Court Weekly Round-Up: August 26 – September 1, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 548 – 553]Benzy Martin v State of Kerala, 2024 Live Law (Ker) 548Muhammed Ramees v State of Kerala, 2024 Live Law (Ker) 549Ibrahim v Administrator, 2024 LiveLaw (Ker) 550Fact United Employees Liberation V The Fertilisers And Chemicals Travancore Limited, 2024 Live Law (Ker) 551Chirakkal Sankaran Nair v Ponguzhi Parambath Sreedharan Nair, 2024...