News Updates
Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court
The Karnataka High Court recently refused bail to a man involved in a murder investigation, seeking release to attend his pregnant wife whose delivery date is soon due.A single judge bench of Justice Shivashankar Amarannavar sitting at Dharwad remarked,"Merely because the wife of appellant/accused No.29 is pregnant and her due date of delivery is 06.11.2022 as per medical records, is not...
Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. A division bench of Justices Nitin Jamdar and Sharmila Deshmukh rejected the wife's claim that she was illiterate and a victim of wrong legal...
'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case
The Delhi High Court has granted bail to an accused in an NDPS case, observing that 'Khad' cannot be solely interpreted to mean drugs or contraband."The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. I have reasonable ground to believe that he is not guilty of the offence," said Justice Jasmeet Singh in the order dated October...
Karnataka High Court Suggests Manufacturers Should Fix GPS System In All Ambulances
The Karnataka High Court on Tuesday suggested the State government to issue directions to ambulance manufacturers operating in Karnataka, asking them to fix GPS systems in ambulances as a prerequisite. A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi said, "We would also like to suggest to the state government to give directions to manufacturers...
Kerala University First Statutes Imposing Upper Age Limit For Professors Contrary To UGC Regulations, Can't Operate: High Court
The Kerala High Court recently held that when the UGC Regulations on Minimum Qualifications for appointment of Teachers in Universities and Colleges (UGC Regulations 2018) does not impose any upper age limit for the position of Professor, any stipulation in the Kerala University First Statutes 1977 cannot hold to the contrary. Justice Devan Ramachandran observed, "...when the "UGC...
Varanasi Court Defers Judgment On Maintainability Of Suit To Entrust Gyanvapi Premises' Possession To Lord Vishweshwara
A Varanasi Court today deferred Judgment on the maintainability of a title suit praying to hand over the possession of the Gyanvapi Mosque premises to Lord Vishweshwar Virajman (Swayambhu). The Fast Track Court of Civil judge (senior division) had reserved the judgment in the matter on October 27.Earlier, it was said that the Judgment would be pronounced today, i.e., on November 8, however,...
Economic Backwardness Or Social Stigma No Reason To Transgress Statutory Prohibition & Grant Permission For Termination Of Pregnancy: Kerala HC
The Kerala High Court on Monday observed that economic backwardness or the possibility of social stigma cannot be a ground for transgressing the statutory prohibition prescribed by the Medical Termination of Pregnancy Act and granting permission for medical termination of pregnancy. Justice V G Arun observed,In the absence of any medical reasons referable to the petitioner or the foetus,...
Kerala High Court Refuses To Stay Governor's Order Appointing Ciza Thomas As KTU's VC-in-charge
The Kerala High Court on Tuesday refused to stay Governor Arif Mohammed Khan's order appointing Ciza Thomas, the senior joint director of the directorate of technical education, as Vice Chancellor in-charge of the APJ Abdul Kalam Technological University (KTU).Justice Devan Ramachandran issued notice to Khan, who is chancellor of the university, and Thomas on the petition moved by the...
ITAT Restricts Addition To Estimated Profit Of 30% Of Cash Deposits Made During Demonetisation Period
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has directed the AO to estimate a 30% net profit on total cash deposits made during the demonetization period and deleted the balance additions made under Section 69A of the Income Tax Act.The two-member bench of V. Durga Rao (Judicial Member) and G. Manjunatha (Accountant Member) observed that neither the assessee proved its...
OVI R17 CPC | P&H High Court Sets Aside Trial Court Order Allowing Amendment To Pleadings After Dismissal Of Suit
Punjab and Haryana High Court recently allowed a revision petition and set aside the order of the lower appellate Court vide which it allowed respondent/plaintiff's application under Order VI Rule 17 CPC for amendment of the plaint, after dismissal of suit.It held that Order VI Rule 17 of CPC specifically provides that amendment to pleadings cannot be allowed after the commencement of...
14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC
The Madras High Court recently set aside a preventive detention order after observing that there was an inordinate and unexplained delay of 14 days in considering the representation made on behalf of the detenu.In the subject case, admittedly, there is an inordinate and unexplained delay of 14 days in considering the representation by the Hon'ble Minister for Home, Prohibition and...
42nd Constitutional Amendment Poisonous, State Better Equipped To Deal With Matters Of Education: Argument In Madras HC To Move Edu To State List
Education should essentially be a State subject as State is better equipped than Centre to determine the needs of the people, Senior Advocate NR Elango argued before the Madras High Court on Monday in favour of a petition challenging Section 57 of the 42nd Constitutional Amendment.The provision transferred the subject of 'Education' from Entry 11 of List II (State List) to Entry 25 of List...