News Updates
Visually Impaired Persons Have A Right To Access Online Banking Facilities: Delhi HC To Hear The Plea
A PIL has been filed in the Delhi High Court seeking directions to ensure accessibility of online and technology based banking services to visually impaired persons. The Petition states that it is the responsibility of the state, under the Rights of Persons with Disabilities Act, to ensure that persons with disabilities have control over their financial affairs. It states: 'As per...
High Courts Weekly Round-Up
Allahabad High Court ● Right Of An Indigent Accused To Free Legal Services Will Be "Illusory" Unless The Court Informs Him Of Such Right. [Shadaan Ansari v. State of UP & 2 Ors.] The Allahabad High Court has reiterated that while prosecuting an indigent person who cannot afford to engage of lawyer, the court must provide him with "real and meaningful" free legal aid....
Civil Judgments Of UAE Courts Enforceable In India As Centre Declares UAE To Be Reciprocating Territory U/S 44A Of CPC [Read Notification]
Now Civil Judgemnts of UAE Court are enforceable in India as the Central Government on Friday declared United Arab Emirates to be a reciprocating territory under Section 44A of CPC. This means that the Decrees passed by the superior Courts of UAE can now be enforced in India as if they had been passed by the local courts in India. The govt. has declared the following courts in UAE...
Advocates Can Be Appointed As Receivers U/S 14(1A) Of SARFAESI Act: Delhi HC [Read Judgment]
The Delhi High Court on Friday held that there is no bar on appointment of an Advocate as a 'Receiver' under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act). Justice Rajiv Shakdher said that the District Magistrates and the CMMs were overburdened and thus, so long the discretion in...
In Absence Of Karta, Any Member Of The Family May Be Permitted To Prosecute The Suit: Bombay HC [Read Judgment]
In a significant ruling, the Bombay High Court has held that where a Karta has not been appointed, any member of the HUF may represent the family in the capacity of a co-owner, in a suit for eviction of tenants from the demised premises. Justice NJ Jamadar clarified that for a member of HUF to institute and maintain a suit on behalf of the family, two conditions must be...
MP HC Issues Notice On Plea Against Witch Hunting [Read Order]
The Madhya Pradesh High Court on Thursday issued notice on a plea filed against the infamous practice of witch hunting, prevalent in the state. The bench of Justice SC Sharma and Justice Shailendra Shukla has listed the matter for hearing next month. Witch hunting, which is prevalent in several states leads to dispossession, torture and murder, on an allegation that a person is...
State Of Affairs In UP Shows Complete Collapse Of Rule Of Law: People's Tribunal [Read Jury Statement]
An event called the People's Tribunal on State Action in UP was conducted in Delhi on Thursday to bring to light the manner in which the Uttar Pradesh police and State administration had encroached upon human rights of people, primarily over the last month, who were participating in peaceful protests against the CAA, NRC and NPR. This tribunal, it was informed, was "a very important...
'Rape And Murder' Tops The List Of Cases Where Death Penalty Was Awarded In India : Project39 (NLU-D) Report
"Murder involving sexual offences comprised the majority of death sentences imposed by sessions court, and confirmations of death sentences by the High Court and Supreme Court. The proportion of death sentences for sexual offences by sessions courts has been steadily increasing since 2016"
MTNL No Longer Exempted From The Provident Fund Act: Delhi HC [Read Judgment]
Delhi High Court has denied MTNL's plea challenging an order issued against it, wherein the relaxation granted to it under the Provident Fund Act, was withdrawn. The Division Bench of Justice GS Sistani and Justice Jyoti Singh held that the authorities were right in withdrawing the relaxation granted to MTNL, which had exempted the company from making contributions to the...
Cross- Examination Need Not Be Restricted To What The Witness Has Stated In His Examination-In-Chief : Bombay HC [Read Judgment]
The Single Bench of the Bombay High Court, Justice Vibha Kankanwadi said that in certain cases the cross examination cannot be limited to the contents of the examination-in-chief. The court said it may go beyond examination-in-chief as the purpose of the cross-examination is to test the veracity or impeach the credit of the witnesses. In the instant case, the petition...
Failure To Appear For Nirbhaya Convict: Delhi Bar Council Issues Notice To Lawyer
On 17th January, the Bar Council of Delhi held a meeting, presided over by Chairman Mr. K.C. Mittal, and issued notice to Advocate A.P. Singh, counsel for Pawan Kumar Gupta who is one of the accused in the 2012 Nirbhaya case. Convict Pawan Kumar Gupta had moved a plea in the Delhi High Court, claiming to be a juvenile during the commission of the heinous rape case that shook the...
Limited Scope Of Interference With An International Commercial Arbitration: Delhi HC [Read Judgment]
In a significant ruling while discussing the scope of judicial interference with awards of an international commercial arbitration, the Delhi High Court on Tuesday dismissed a German manufacturer's claim for damages against BHEL, India. "the scope of interference for International Commercial Arbitration, in India, subsequent to the amendment of Section 34 of the Act, has...