News Updates
Court Can Compel Lawyer To Conclude Cross Examination On Same Day Only In Rarest Circumstances: Delhi High Court
The Delhi High Court has said that a court cannot compel a lawyer to conclude cross examination on the very day it starts, except in rarest of circumstances. "While it is open to a Court to jettison irrelevant and immaterial questions, if asked by Counsel, nonetheless, save and except in the rarest of circumstances, the Court cannot compel a Counsel to conclude cross-examination on the very...
Provision Of Appeal Under Contempt of Courts Act Is Extremely Limited And Regulated: Delhi High Court
Observing that the provision of appeal under the Contempt of Courts Act, 1971 is extremely limited and regulated, the Delhi High Court last week said the maintainability of an appeal under Section 19 is dependent upon a contemnor being guilty or punished under the law and in no other case.A division bench of Justice Suresh Kumar Kait and Justice Saurabh Banerjee said an order rejecting a...
Uttarakhand High Court Drops POCSO Trial, Notes Victim Has Moved On & Doesn't Intend To Pursue Prosecution
The Uttarakhand High Court recently dropped a criminal trial under the Protection of Children from Sexual Offences Act, 2012 after noting that the victim had moved on in life and did not intend to prosecute the accused.The single bench of Justice Sharad Kumar Sharma noted that although offences under the POCSO Act and other IPC offences complained of in the criminal matter are...
Biker Not Liable For Contributory Negligence If Parking Lights Of Stationary Vehicle Against Which He Dashed At Night Were Off: Bombay HC
A motorcycle rider cannot be held even partially responsible for ramming into a stationary tempo under the Motor Vehicle's Act if the offending vehicle's parking lights were off, the Bombay High Court Aurangabad bench held. The court enhanced the 13 lakh compensation awarded by the Tribunal and held that the biker's kin are entitled to Rs. 39,51,256 compensation along-with 6% interest...
Telangana High Court Lifts Ban On Playing Of Music In Pubs After 10 PM, Restricts Single Judge's Order To Pubs Of Jubilee Hills
Hearing an appeal challenging a single bench's decision banning the playing of music in all pubs after 10 PM, the Telangana High Court has said the interim directions passed by the single judge in September will apply only to 10 pubs in the greater Jubilee Hills area against which complaints were made by residents.The single bench on September 12 had issued a slew of general directions to...
Karnataka High Court Monthly Digest: October 2022 [Citations 386 - 435]
Nominal Index: V. SRINIVAS v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 386 ASSOCIATE LUMBERS PRIVATE LIMITED v. STATE BY CENTRAL BUREAU OF INVESTIGATION. 2022 LiveLaw (Kar) 387 GHODAWAT PACKERS LLP v. UNION OF INDIA. 2022 LiveLaw (Kar) 388 K S MAHADEVAN v. CYPRIAN MENEZES. 2022 LiveLaw (Kar) 389 THE KARNATAKA STATE ROAD TRANSPORT CORPORATION v. GANGANNA. 2022 LiveLaw...
UR Category Candidates Can Be Excluded From Selection Process If Statute Disentitles Their Consideration Even In Absence Of Reserved Category Candidate: Kerala HC
The Kerala High Court on Thursday observed that Unreserved Category Candidates can be excluded from the selection process itself, if the statute disentitle their consideration for vacancies earmarked for a particular reserved category, even in the absence of suitable candidates. Division bench consisting of Justice P.B. Suresh Kumar and Justice C.S Sudha said that permitting open...
[Custody Battle] Children Have Right To Company Of Both Parents, Severing Contact With One Parent Snaps Emotional & Psychological Bond: Kerala HC
The Kerala High Court recently reiterated the settled position that while considering custody matters, Court must pass orders ensuring that the child is not totally deprived of the love, affection and company of one of the parents.The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed that if the child is denied the opportunity to interact with one of...
Irked By Recurring Instances Of Improper Police Investigations, Karnataka HC Asks DGP To Formulate SOP; Initiate Disciplinary Action For Violation
Irked by the recurring number of cases where the Police investigation is not up to the mark, the Karnataka High Court has asked the Director General of Police to have a standard operating procedure (SOP) for investigating different crimes and to hold disciplinary proceedings against the investigating officers if the SOP established is not adhered to. A division bench of Justice...
Ensure Necessary Training Of Officers On Handling Of Electronic Evidence: Karnataka HC To State DGP, Director Prosecution & Registrar General
The Karnataka High Court has directed the Director General of the Police, the Director of Public Prosecution and HC Registrar (General) to make arrangements for necessary training of their officers in respect of receiving, handling, storage and use of electronic evidence.A division bench of Justice Suraj Govindaraj and Justice G Basavaraja sitting at Dharwad, issued the directions for...
CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court
The Kerala High Court recently observed that the Central Bureau of Investigation (CBI) is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply to the intelligence and security...
'Time Is Not Far When Handwritten Docs Will Not Be Accepted By Courts': Karnataka HC Asks DGP To Constitute Task Force For Digitization Of Records
The Karnataka High Court has directed the Director General of Police (DGP) to establish a Task Force to work out a methodology of sharing the existing digital records with courts and to consider digitization of all processes.While dealing with a criminal appeal where it was put to "great difficulty" in going through the documents submitted by the investigation officer, a division bench...