News Updates
'Professional Communications' Between Govt Pleader And State Regarding Judicial Proceedings Can't Be Disclosed Under RTI Act: Gujarat HC
The Gujarat High Court on Monday dismissed a petition filed by a practising advocate seeking details, under the RTI Act, of the correspondences between government advocate and various offices of the State regarding a matter in which he had appeared for the petitioning party. The advocate sought the details purportedly to ascertain the reasons on part of State in preferring an...
LOC Can’t Be Issued In Routine Manner, Mere Suspicion Of Not Returning To India After Travel No Basis To Deny Permission To Travel Abroad: Delhi HC
The Delhi High Court has observed that mere suspicion of an accused not returning to India, when the liberty granted to travel abroad has never been misused on earlier occasions, cannot be a basis to deny permission to travel abroad.Justice Rajnish Bhatnagar said that the issuance of a look out circular (LOC) is a coercive measure “aimed at ensuring that an accused appears before...
'Proceed Of Crime In Crores, Can't Claim Parity With Co-Accused Siddique Kappan': Allahabad HC Denies Bail To PFI Leader In PMLA Case
The Allahabad High Court on Monday, while denying bail to alleged Popular Front of India (PFI) leader Abdul Razaq Peediyakkal in the PMLA Case, observed that he can't claim parity with co-accused Siddique Kappan as Kappan is facing the allegation that Rs.5,000/- were transferred in the Bank account of co-accused Atikur Rahman, whereas in the instant case against Abdul, the proceed of crime is...
Procure Smartphone, Keep GPS On, Don't Delete WhatsApp History: Punjab & Haryana High Court's Bail Conditions For Accused In Bail Orders
While granting bail to an accused, the Punjab and Haryana High Court recently imposed several conditions on the person: procure a smartphone, always keep the GPS turned on and do not format the phone or delete its WhatsApp chats or call logs. Justice Anoop Chitkara has imposed similar conditions in a number of orders passed in last one year. “Within fifteen days of release from...
Notify Criteria For Nomination Of Members From Each State To Council Of Architecture: Karnataka High Court To Centre
The Karnataka High Court has suggested the Union of India to expeditiously take steps to notify certain criteria for nomination of Members from each state to Council of Architecture of India, qua their qualification and experience. A single judge bench of Justice M Nagaprasanna said till the compliance is made by “The State Government shall notify the criteria for...
Girls Treated As Commodity Even In 21st Century, Mother 'Selling' Her 1-Yr-Old Highly Objectionable To Morality And Human Rights: Bombay HC
Objectionable to morality and human rights that a one-year-old girl has been sold by her mother, the Bombay High Court observed while granting bail to a woman accused of buying another woman’s daughter.Justice S. M. Modak observed – “We are in the 21st Century, still there are incidents wherein the girls are treated as commodity and they have been used as a medium for financial benefits....
Delhi High Court Declares Hermes International’s ‘H’ Mark As Well-Known Trademark
The Delhi High Court has declared the stylized mark - “H” - of Hermes International, a french luxury brand, as a well-known trademark within the meaning of section 2(1)(zg) of the Trade Marks Act, 1999.Justice C Hari Shankar observed that the criteria mentioned under section 11 (6) and (7) of the Act was satisfied in the matter to justify declaration of the mark as a well-known trade...
Civil Court In Maharashtra Refuses To Restrain YRF From Publishing Pathaan’s Teaser, Trailer & Besharam Rang Song On YouTube
A civil court in Maharashtra refused to restrain Yash Raj Films from publishing film Pathaan’s teaser, trailer and Besharam Rang song on Youtube without showing U/A censor certificate.The Shrirampur Court observed that “no injury is caused to the plaintiff,” and his claim “lacked foundation.” Joint Civil Judge PA Patel refused injunction in a suit filed by a “social worker,”...
Admitting Jurisdiction In The Pleading Enough For ‘ Express Agreement’ Under Section 12(5) Of The A&C Act: Calcutta High Court
The High Court of Calcutta has held filing of pleadings before the arbitral tribunal and agreeing to the jurisdiction of the tribunal therein satisfies the requirement of ‘express agreement’ given under proviso to Section 12(5) of the Act. Section 12(5) of the Arbitration and Conciliation Act, 1996 provides that notwithstanding any prior agreement to the contrary, any...
S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156(3) CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust that task to the Police."If it is alleged...
All Unilateral Appointments Are Not Invalid Unless The Appointed Arbitrator Falls Within 7th Schedule: Calcutta High Court
The High Court of Calcutta has held that all unilateral appointment of arbitrator are not invalid per se unless the arbitrator’s relationship falls within the Seventh Schedule to the A&C Act. The bench of Justice Moushumi Bhattacharya distinguished between an arbitration clause that permits unilateral appointment of arbitrator and a clause that provides for arbitration before...
Validly Signed Blank Cheque Towards Some Dues Would Attract Presumption In Favour Of Payee U/S 139 NI Act: Karnataka High Court
The Karnataka High Court has said that even if a blank cheque leaf, validly signed, is handed over by accused, which is towards some payment, it would attract presumption under Section 139 of the Negotiable Instruments Act, in absence of any cogent evidence to show that the cheque was not issued in discharge of a debt.A single judge bench of Justice Ramachandra D Huddar observed this...