News Updates
Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds
The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for...
Can Passport Officer Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Jammu & Kashmir High Court To Examine
The Jammu & Kashmir & Ladakh High Court has recently issued notice to the Union of India through Regional passport office on a plea raising question as to whether the Regional Passport Officer can insist on mentioning father's name on the passport of a minor, particularly when the mother of the minor applicant is legally divorced and enjoys exclusive custody of the applicant...
'Cochin City Highly Polluted' : Kerala High Court Seeks Details Of Payments To Brahmapuram Waste Plant Contractor
The Kerala High Court on Monday directed the Secretary of the Cochin Municipal Corporation to place before the Court the details regarding the passing over of the management of the Brahmapuram solid waste management plant facility to a third party. The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji issued the said direction on being informed by the Secretary of...
Important To Debate Questions On Basic Structure Doctrine : Justice Jayasankaran Nambiar
Kerala High Court judge Justice A. K. Jayasankaran Nambiar while delivering the presidential address for the lecture organised by the Ernakulam Govt Law College Old Students and Teachers Association at Kochi on Saturday on the 'Basic Structure Of the Indian Constitution & its Present Day Challenges' spoke on the dynamic nature of the Indian Constitution and how in a vibrant democracy...
Increase In Delhi’s Dense Forest Areas A Welcome Sign, Conservation Of Trees Outside Forests Equally Important: Centre Tells High Court
The Union of India has informed Delhi High Court that the increase in denser forest areas in the national capital from the year 2001 to 2021 is a welcome sign and that conversation and protection of trees outside forests is equally important. The submission has been made by the Central Government in an affidavit filed on March 07 in a suo motu public interest litigation initiated by the court...
Delhi Police Had No Authority Of Law To Enter Jamia Campus, Use Of Force Wholly Disproportionate: Sr Adv Indira Jaising To High Court
Senior Advocate Indira Jaising argued before the Delhi High Court on Monday that the Delhi Police had no authority to enter the Jamia Millia Islamia in 2019 and that the use of force on students protesting against Citizenship Amendment Act (CAA) was wholly disproportionate to any public good.The submission was made before a division bench of Justice Siddharth Mridul and Justice Talwant...
Contradiction In Civil Court Orders Does Not Empower Writ Court To Virtually Decide Sub Judice Matter: Calcutta High Court
The Calcutta High Court at Jalpaiguri held that contradiction in the orders of the civil court cannot empower the writ court to enter into the specific domain of the civil court and pass the order by which the suits are virtually decided, when the matter is sub judice before the civil court.The division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay observed:“It is...
Arbitration Cases Weekly Round-Up: March 5 To March 11, 2023
Bombay High Court: Arbitration Clause Can Be Invoked By Assignee Of Rights Under Contract: Bombay High Court Case Title: M/s. Siemens Factoring Pvt Ltd vs. Future Enterprises Pvt Ltd The Bombay High Court has ruled that an arbitration agreement is assignable, just as any other contract, and where the obligations and rights under an Agreement, containing an arbitration clause,...
Karnataka High Court Refuses To Repatriate Minor To Germany, Says No Habeas Corpus Jurisdiction In Face Of Interim Order Giving Custody To Mother
The Karnataka High Court has dismissed a habeas corpus petition filed by a man seeking direction to his wife to produce their minor son before the court and then direct his repatriation to Germany. A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil dismissed the petition filed by the father, it said, “The interim custody of the son has been granted to the wife by an...
Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case
The Allahabad High Court recently denied bail to former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him. The bench of Justice Krishna Pahal did not find reasonable grounds for believing that Pathak is not guilty of such offence mentioned in the Gang Chart and that he is not likely to commit any offence while on bail The Court...
[Udumalai Sankar Honour Killing] Madras High Court Permits Wife To Conduct Honorary Meeting To Raise Awareness About Inter-Caste Marriages
The Madras High Court has permitted Kowsalya, wife of Sankar who was hacked to death for marrying from a different caste, to conduct a meeting in memory of Sankar. Kowsalya had approached the court after State denied permission for the meeting citing law and order problems. Justice G Chandrasekharan noted that the offense of Honour killing was increasing every day and that...
Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court
The Kerala High Court recently held that the Commercial Court shall not allow a written statement filed in a suit to be take on record if 120 days has passed since the date of service of summons. A single bench of Justice C S Dias observed that under Section 16 of Commercial Courts Act, 2015, the Code of Civil Procedure,1908 will stand amended while being applied to commercial disputes as...