News Updates
'No Investigating Officer Can Flout Procedural Requirements, Proclaim To Be Law Unto Himself': Bombay High Court Slams Cop For House Seizure
Emphasizing on the importance of following all procedural requirements in an investigation, the Bombay High Court severely reprimanded a police officer for seizing a man's house under section 102 of the Cr.P.C. despite seizure of immovable property not being allowed under the said provision.The division bench of Justice Sunil B. Shukre and Justice M. W. Chandwani of Nagpur said, "In the name...
Sri Krishna Janmabhoomi Dispute: Mathura Court Orders Court Amin To Survey Disputed Site, Submit Report By January 20
In a significant order passed recently pertaining to the Sri Krishna Janmasthan-Shahi Idgah dispute case, a Court in Uttar Pradesh's Mathura district has directed the Civil Court Amin (also known as court officers) to visit and survey the disputed site and submit a report (with maps) before the Court by January 20.Civil Judge III Sonika Verma passed this order while adjudicating upon a plea...
Advertiser Must Have Freedom To Make Ads With Generic Comparison, Can't Be Objected To Unless Representation Is Absolutely Misleading: Delhi HC
The Delhi High Court has ruled that an advertiser ought to have the freedom to make advertisements with generic comparison highlighting features of its own product and that an objection to it cannot be raised unless representation being made is absolutely false or misleading.Justice Prathiba M Singh said that mere allusions, in the absence of a decipherable comparison, would not be sufficient...
Failure To Furnish Certified Octroi Exemption Form; Importer Not Ineligible For Refund Of Octroi Under Section 194(2) Of MMC Act: Bombay High Court
The Bombay High Court has ruled that failure to furnish a declaration duly certified by the Octroi Inspector, would not render the importer ineligible for refund of Octroi Duty under Section 194(2) of the Mumbai Municipal Corporation Act, 1888 (MMC Act). The Bench of Acting Chief Justice S. V. Gangapurwala and Justice Arif S. Doctor held that production of a duly certified...
'Arrest Memo Has No Particulars Of Offence': Bombay High Court Grants Bail To Man Accused Of Smuggling iPhones Worth 500 Crore
The Bombay High Court on Friday granted bail to a man arrested by Directorate of Revenue Intelligence (DRI) for allegedly smuggling iPhone consignments worth Rs. 500 Crores into India as the arrest memo did not contain any particulars of the case.Alleged prior transgressions of the accused cannot justify DRI's non-compliance with the constitutional and statutory obligations, Justice R. N....
Joinder Of Parties Not Allowed In Suit For Specific Performance Involving Separate Agreements Of Sale With Multiple Defendants: MP High Court
The Madhya Pradesh High Court, Indore Bench recently held that a Plaintiff cannot institute only a single suit arraying parties with whom it has entered into separate agreements of sale as each of its non-performance would constitute a separate cause of action.The bench comprising Justice Vivek Rusia observed that in cases of specific performance, there cannot be an omnibus allegation...
MP Accommodation Control Act | Exemption From Statute U/S 3(1)(b) Is With Respect To Specified Premises, Not Landlord-Tenant Relationship: High Court
The Madhya Pradesh High Court, Indore Bench recently held that the exemption provided under Section 3(1)(b) of the Madhya Pradesh Accommodation Control, 1961 is with respect to the property concerned and is not subject to the relationship between the landlord and the tenant. Section 3(1)(b) of the Act exempts the application of the statute with regard to property of a...
Order Rejecting Application For Impleading Third Party Is Not An Interim Arbitration Award: Delhi High Court
The High Court of Delhi has held that an order of the tribunal rejecting the application for impleading a party to arbitration is not an interim award but merely a procedural order, therefore, the same cannot be challenged under Section 34 of the Act. The bench of Justice Yashwant Varma held that an arbitral tribunal, during the continuance of arbitral proceedings, passes many orders...
No Provision In CPC Permits A Party To Lead Evidence In Rebuttal On An Issue, The Onus Of Proof Of Which Lies On It: JKL High Court
The Jammu and Kashmir and Ladakh High Court on Friday ruled that there is no provision in the Code of Civil Procedure which permits a party beginning to lead evidence in rebuttal on an issue, the onus of proof of which lies on it.A bench comprising Justice Sanjay Dhar observed,"If out of several issues, burden to prove some of the issues lies on the other party, then the party can begin, at...
JKL High Court Refuses Security To A Man Apprehending Harm Over Rumours Of Being 'BJP Agent'
The Jammu and Kashmir and Ladakh High Court recently declined intervention in a plea seeking a direction upon the government to provide security cover to the Petitioner as there are rumors in his locality that he is a 'BJP agent'.A bench of Justice Vinod Chatterji Koul observed that the authorities had already made a threat assessment and did not find it necessary to provide him...
Section 294 IPC | Doctor's Consultation Room Not A 'Public Place': Kerala High Court Quashes Case Against Paediatrician
The Kerala High Court on Tuesday held that the consultation room of a doctor in a hospital is not a 'public place' in terms of Section 294(b) of IPC, while quashing a case of harassment against a doctorThe police had booked the doctor under Section 294(b) and Section 354A of the IPC.Justice Kauser Edappagath observed that Section 294(b) of IPC is attracted when the offender sings, recites...
Kerala High Court Says Chief Judicial Magistrate May Have Forged Evidence In Trial, Orders Lakshadweep Administrator To Suspend Him Pending Enquiry
The Kerala High Court on Friday said that former Chief Judicial Magistrate at Amini island in Lakshadweep seems to have forged evidence in a criminal trial and is liable to be proceeded against under law.Justice P.V. Kunhikrishnan directed Lakshadweep Administrator to place K. Cheriyakoya, who is currently working as Secretary of the District Legal Services Authority, under suspension...