So Far 26 FIRs Registered Based On Justice Hema Committee Report: State Tells Kerala High Court

The Kerala government today informed the High Court that 26 FIRs have been registered based on the Justice Hema Committee Report, pursuant to Court's direction to the Special Investigating Team (SIT) to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The State Government submitted the SIT's Action Taken Report to the Special Bench, Justice A....

Negligent Litigant Who Didn't Enquire About Status Of Case Not Entitled To Condonation Of Delay: Allahabad High Court

The Allahabad High Court dismissed a First Appeal From Order (FAFO) under Section 173 of the Motor Vehicles Act, 1988 filed with a delay of 3107 days as the appellant, sole proprietor of the transport company, failed to inquire about the status of the case.Justice Rajnish Kumar held that “A litigant, who is such negligent that he/she would not inquire for the status of case for such a...

Rajasthan HC Seeks Identity Of 'Intruder' Who Caused Chaos In Online Proceedings, Directs Admin To Modify VC System To Filter Participants

After an unwelcomed intruder interrupted the online open court proceedings by passing scathe and scurrilous comments, the Rajasthan High Court, asked the Registrar General and Registrar-cum-CPC to ascertain his identity and to explore possibilities of modifying the Webex Meeting System so that a person could not enter the online Court proceedings without the permission of the...

Right To Live With Dignity Includes Being Able To Fulfil Marital Vows Towards Spouse Taken During Saptapadi Ceremony: Rajasthan High Court

Rajasthan High Court has ruled that Article 21 includes the right to live with dignity as a human being which necessarily also entailed to act as a good husband in terms of marital vows taken during the saptapadi ceremony as per Hindu rituals.The bench of Justice Arun Monga was hearing a petition by the accused who was in judicial custody for last 2 years in relation to multiple FIRs for...

Impermissible To Use Section 45 Of PMLA As Tool For Incarceration When Delay In Trial Not Attributable To Accused: Delhi High Court

The Delhi High Court has held that keeping an accused in custody by using Section 45 of PMLA as a tool for incarceration is not permissible where the delay in trial is not attributable to the accused.“Flow of liberty cannot be dammed by Section 45 without taking all other germane considerations into account. It is the duty of Constitutional Courts to champion the constitutional cause of...

While Filing Application U/S 8 Of Arbitration Act, Applicant Is Not Required To Dispute Contents Of Plaint: Allahabad High Court

The Allahabad High Court Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar has held that there is no requirement for the applicant to dispute the contents of the plaint, while filling in an application under Section 8. The very fact that an application has been filed necessarily means that the applicant wants to refer the dispute to arbitration.Additionally, the court held that...

Compassionate Appointment On Father's Death In Motor Accident Doesn't Affect Right To Compensation Under MV Act: Jharkhand High Court

The Jharkhand High Court, in a recent appeal filed by the New India Assurance Company, upheld the entitlement of the deceased's legal heirs to compensation under the Motor Vehicles Act, notwithstanding the compassionate appointment of the deceased's son following his death in a motor accident.A single bench of Justice Subhash Chand observed, “The provision of the compassionate appointment...

Kerala High Court Calls For Protection Of Nurses From Malicious Medical Negligence Cases, Says They Deserve Moral Support

“They should be given moral support by the society and government. They should be allowed to work without fear of any prosecution and let them known as Indian nursing Nightingales.”

Scope of Judicial Review In Technical Matters Related To Infrastructure Projects, Land Acquisition Is Limited: Kerala HC Reiterates

Dismissing an appeal against an order rejecting the challenge to a land acquisition for construction of a Railway Over Bridge (ROB) at Edava in Thiruvananthapuram District, the Kerala High Court reiterated that the scope of judicial review in such technical matters like infrastructure projects and land acquisition is limited.In doing so the court underscored that a balance has to be...

Ad Hoc Service Counts For Seniority When Properly Regularized; Gauhati HC

Gauhati High Court: A Division Bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita dismissed a writ appeal challenging the seniority claim of a school principal appointed initially on an ad hoc basis. The Court ruled that when ad hoc appointments are regularized following due selection processes, seniority must be counted from the initial appointment date. The Court...

Failure To Consider Counsel's Medical Condition And Passing Ex-Parte Order Violates Natural Justice Warrants Setting Aside Appellate Authority's Order: Kerala HC

Kerala High Court: A Single Judge Bench of Justice N. Nagaresh set aside the Appellate Authority's ex-parte order in a gratuity dispute between HDFC Bank and its former Vice President. The court found that the Authority's failure to grant reasonable adjournments despite valid medical certificates violated principles of natural justice. The case concerned whether “personal pay”...

Dual Prosecution Under IPC And EPF Act For PF Defaults Valid; Serves Distinct Objectives: Kerala HC

Kerala High Court: A Single Judge Bench of Justice K. Babu upheld the trial court's refusal to discharge S. Mohammed Nowfal, proprietor of Tasty Nuts Factory. The Court held that prosecution under Section 406 IPC for criminal breach of trust involving PF defaults does not require prior sanction under Section 14-AC of the EPF Act. The Court emphasized that the 1973 addition of Explanation...