News Updates
Waqf Tribunal Cannot Insist On Deposit Of Cost For Issuing Notice: Gujarat High Court
The Gujarat High Court has held that there is no procedure under Gujarat State Waqf Tribunal (Procedure) Rules, 1998 by which the Gujarat State Waqf Tribunal can insist on deposit of cost for issuing notice on a petition filed before it.It was the petitioner’s case that the petitioner’s forefathers had donated the land to the respondent No.2 for constructing ‘Musafir Khana’ for...
Artist's Freedom Of Speech Cannot Be Disturbed Lightly : Justice Sanjay Kishan Kaul
Speaking at the Hindu Lit for Life Event in Chennai, Supreme Court Judge Justice Sanjay Kishan Kaul said that in our constitutional scheme, the freedom of speech and expression weighs overwhelmingly in favour of the artist and cannot be disturbed lightly."In these uncertain and deeply polarised times there is a pressing need to rediscover and retain our public spaces, to facilitate...
[S.68 Forest Act 1927] When Offence Is Compounded, Seized Property Should Be Returned To Accused On Payment Of Compoundable Amount: Madras High Court
While directing the Forest Range Officer to return a gun to a man accused under the Wildlife Protection Act, Justice V Sivagnanam of the Madras High Court noted that under Section 68 of the Forest Act 1927, when an offence is compounded, the person accused should be discharged and the property seized should be released. Section 68 of the Forest Act empowers a Forest officer to accept...
[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court
The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional (Resident Medical Officer (RMO)) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench...
Attacks On Politicians Who Do Not Subscribe To Separatists Ideology Still Prevalent In Kashmir Valley: High Court
Observing that the incidents of attacks on main-stream politicians and the people who do not subscribe to the separatists ideology are still taking place in Kashmir Valley, the Jammu and Kashmir and Ladakh High Court on Thursday allowed an application filed by former health minister Shabir Ahmed Khan seeking transfer of criminal proceedings against him from a court in Srinagar to a...
Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court
The Tripura High Court has held that a certified copy of a sale deed is secondary evidence under Section 63 of the Evidence Act which acknowledges/recognizes the existence, conditions and contents of a Sale deed, but notits execution. The observations were made by Justice Arindam Lodh while hearing a second appeal whereby the appellants/plaintiffs had challenged an order of the...
[Motor Accident] Managerial Skills Of Deceased To Run Business Can Be Considered While Counting 'Loss Of Dependency': Orissa High Court
The Orissa High Court, while placing reliance upon recent decisions of the Apex Court, has clarified that managerial skills and expertise of a deceased person to run his business is to be taken into account while counting the loss of dependency of his dependants, who continue his business.Reaffirming the position, a Single Judge Bench of Justice Bibhu Prasad Routray observed,“Perusal...
"Is Criminal Contempt a Power Past it's Time? Summary of Panel Discussion
Summary of Panel Discussion on "Is Criminal Contempt a power past it's time? " and release of report titled "The judicial power of Contempt: Upholding authority or restricting speech" by Part III Action Research & Resource Centre.The key speakers for the panel discussion held on February 25th, 2023 were Mr. Prashant Bhushan, public interest lawyer, Supreme Court of India; Mr. Sanjoy...
Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC Even After 'Iddat' Period Until She Remarries: Allahabad HC
The Allahabad High Court has observed that a divorced Muslim woman is entitled to claim maintenance under Section 125 CrPC even for the period after iddat and for her whole life unless she is disqualified for the reasons such as marriage with someone else.While observing thus, the bench of Justice Raj Beer Singh set aside an order of the Family Court whereby the plea filed by one Shakila...
Tax Cases Weekly Round-Up: 19 February To 25 February 2023
Bombay High Court GST Act Can’t Be Interpreted To Deny Right To Carry Trade And Commerce By Citizens: Bombay High Court Case Title: Rohit Enterprises Versus The Commissioner State GST Bhavan Citation: 2023 LiveLaw (Bom) 108 The Aurangabad Bench of the Bombay High Court has held that the provisions of the GST enactment cannot be interpreted so as to deny the right to carry...
Arbitration Cases Weekly Round-Up: February 19 To February 25, 2023
Bombay High Court: Multiple Arbitrations By Arbitrator Involving The Same Co-operative Bank Under S. 84 Of MSCS Act; Not A Disqualification: Bombay High Court Case Title: Kalpesh Shantikumar Mehta & Ors. versus NKGSB Co-op. Bank Ltd & Anr. The Bombay High Court has ruled that reference of more than two arbitrations to the same arbitrator under Section 84 of the...
Jammu & Kashmir & Ladakh High Court Weekly Roundup: February 20 - February 26, 2023
Nominal Index :Tawqeer Ahmad Wani Vs UT of J&K 2023 LiveLaw (JKL) 30M/s Sundaram Surgicals Vs Drug Inspector Doda 2023 LiveLaw (JKL) 31XXX(Minor) Through Her Father Vs UT of J&K 2023 LiveLaw (JKL) 32Dr Jahangir Iqbal Tantray Vs Farmeeda Akhter 2023 LiveLaw (JKL) 33Sunil Kumar Vs Union of India 2023 LiveLaw (JKL) 34Ms Syeda Nazir Vs State of J&K & Ors 2023 LiveLaw (JKL)...