News Updates
NCDRC Absolves Hospital and Doctor From Medical Negligence In A Case Of Hysterectomy Leading To Vesicovaginal Fistula
The National Consumer Dispute Redressal Commission, comprising the bench of Dr. S.S. Kantikar (Presiding Member), dismissed the allegations of medical negligence against Kalyani-based SNR Carnival Hospital and it's doctor. It was observed that the complainant was unable to submit any clear evidence. The commission also referred to the opinion of the expert committee set up by...
Is Sanction Needed To Prosecute Govt Servant Named In Chargesheet If CBI Probed Case Upon Order Of SC/HC?: Allahabad HC To Examine
The Allahabad High Court is set to examine the question that if the CBI has probed a matter upon a direction of the High Court or Supreme Court, and has filed a charge sheet against the government/public servant, whether there is any requirement to obtain sanction from the competent authority for prosecuting such a government/public servant (serving or retired).The bench of Justice Dinesh...
Delhi Riots | 'If This Was An Ordinary Case Without UAPA, Most Courts Would've Thrown Out Evidence': Sr. Adv Rebecca John Argues For Khalid Saifi's Bail
Seeking bail in the case alleging larger conspiracy behind the 2020 Northeast Delhi riots, United Against Hate member Khalid Saifi on Monday argued before the Delhi High Court that if it were an ordinary case, most courts would have thrown out the evidence. The submission was made by Senior Advocate Rebecca M. John on behalf of Saifi before the special bench of Justice Siddharth Mridul...
Maha Govt Too Lazy To Fulfil Duties, 40% Vacancy at MACT Mumbai, No Registrar Since 2019 – Bar Association Moves Bombay HC
Bar Association of MACT Mumbai has approached the Bombay High Court to fill up 40% staff and adjudicating officer vacancy at the Motor Accident Claims Tribunal (MACT), Mumbai. "Here it is not the Litigants of any external cause of hindrance in deciding the claims. It is the respondents who have been too lazy to fulfil their duties. The respondents have deliberately and intentionally...
Cash Transaction Exceeding Rs. 20K Does Not Nullify The Transaction In S.138 NI Act Case: Karnataka High Court
The Karnataka High Court has held that contravention of Section 269SS of the Income Tax Act, which prescribes if the transaction amount is more than Rs.20,000, such transaction shall be made through cheque or demand draft, does not make the transaction void and it can be called a legally recoverable debt. Accused Gajanan had approached the court seeking to set aside the judgment of...
Immature Act Of Uncontrolled Emotions: Rajasthan HC Quashes POCSO Case Against Minor's Lover
The Rajasthan High Court has quashed the FIR registered against a 22-year old man under Section 376 of the IPC and Sections 3 and 4 of the POCSO Act for impregnating a 16-year old girl, leading to delivery of a child.A single bench of Justice Dinesh Mehta noted that the minor and the accused were lovers and the sexual acts were consensual in nature. It observed,"This Court cannot and does...
Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
The Allahabad High Court has observed that an absconder/proclaimed offender in terms of Section 82 of the Code of Criminal Procedure 1973 is not entitled to the relief of anticipatory bail.The bench of Justice Suresh Kumar Gupta observed thus as it rejected the anticipatory bail plea of one Archana Gupta, who has been accused of grabbing a piece of land property of the first informant on...
BREAKING: Delhi High Court Directs Delhi Police To Handover Keys Of Markaz Nizamuddin To Maulana Saad
Rejecting Delhi Police's stand regarding the continuing restrictions at Tablighi Jamaat headquarter in Nizamuddin since March 2020, the Delhi High Court on Monday asked the police to handover the keys of Markaz Nizamuddin to Maulana Saad. In March this year, the court had permitted holding of prayers on five floors of the mosque during the month of Ramzan. In May, the high court permitted...
NCLAT Chennai Condones Delay Of 147 Days In Filing Appeal,The Time Spent On Bonafide Litigation
The National Company Law Appellate Tribunal ("NCLAT"), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in M.K. Resely & Ors. v Union Bank of India, has condoned a delay of 147 days in filing of appeal before NCLAT upon equity. The delay had occurred as the Appellant had challenged...
Dispute Arising Out Of Erstwhile Central Excise Act Has To Be Dealt With Under Its Provisions And Not Under GST: Jharkhand High Court
The Jharkhand High Court has held that the initiation of proceedings by the department under section 73 (1) of the CGST Act, 2017 for alleged contravention of the Central Excise Act (C.E.A.) and Finance Act against the petitioner in terms of Section 140 of the CGST Act for the transition of CENVAT Credit as being inadmissible under GST was beyond his jurisdiction.The division bench of...
"Bike Vloggers" Use Modified Bikes Without RTO Permit, Indulge In Rash Driving: Plea In Madras High Court, Notice Issued
The Madras High Court on Monday sought the State's response on a lawyer's plea seeking to frame rules and regulations against bike riders who drive their bikes in a rash and dangerous manner in public places and to prevent usage of modified/altered bikes without proper permission from the Regional Transport Officer (RTO) in the state of Tamil Nadu.The bench of Acting Chief Justice T Raja...
Not Practical To Appoint Transgenders, Need To Frame Policy First: State Moves Bombay HC Against MAT Order On Constable Recruitment In Police Dept
The Maharashtra Government has approached the Bombay High Court against directions to the state to create the third option of 'other gender,' after male and female in application forms of all recruitments of the Home Department. The state has called it an "overreach of jurisdiction" and an "interference in the domain of policy making." The petition pertains to recruitment of...