News Updates
Penal Provisions U/S 138 NI Act Attack Person Who Issued Cheque, Shifting Of Liability No Ground To Quash Complaint: Kerala High Court
The Kerala High Court has held that mere shifting of liability after a cheque has been issued would have no significance since penal provisions under the Negotiable Instruments Act would attack the person who issued the cheque, particularly when a prima facie case has already been made out.In this case, the drawer of the cheque sought to quash the criminal case against him which was...
"Offence Against Great Nation" : Bengaluru Court Awards 5-Yr Jail Term To Student Who 'Celebrated' Pulwama Attack
The Bengaluru Court on Monday sentenced a 21-year-old engineering student to 5-Year imprisonment for 'Celebrating' the Pulwama Attack by posting derogatory comments on FB supporting the acts of terrorists with the intention to disrupt the sovereignty and integrity of India.The Special NIA Court presided over by Additional City Civil & Sessions Judge Gangadhara C. M. found that the...
S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court
The Calcutta High Court has made it clear that Section 41D of CrPC, which entitles an accused to meet an Advocate of his choice during interrogation by the investigating agency, does not extend to presence of Advocate throughout the investigation.While admitting a criminal revision application preferred by the Enforcement Directorate (ED) against the Magistrate's order permitting the Advocate...
Court Shall Not Surrender To Opinions Of Islamic Clergy Who Have No Legal Training: Kerala High Court
The Kerala High Court has said that Islamic clergy, who have no legal training or knowledge in legal sciences, cannot be relied upon by the court to decide on a point of law relating to the personal law applicable to the Muslim community. "Ordinary scholars and the Islamic clergy, who have no formal legal training find it difficult to deduce Islamic law from its sources," said the division...
Misled By Claimant's Counsel, Bombay High Court Apologises To MACT Assistant Registrar For Making Strong Remarks
Realising that it was misled by a claimant's advocate, the Bombay High Court recently apologised for its strong remarks against the Motor Accident Claims Tribunal (MACT), Pune and said that the remarks will be expunged from the record. "We express our regret and convey our apologies to the Assistant Registrar, MACT Pune. We were misled as to the actual circumstances," the court said in...
Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court
Punjab and Haryana High Court, while dealing with a writ petition against denial of compassionate appointment over 19 years delay, observed that compassionate appointment should not be treated as a "reservation" of any kind. The bench comprising Justice Arun Monga observed,Trite it is to say that compassionate appointment is not to be treated as a reservation of any kind. It is...
Education Not Commercial Activity, Collection Of Capitation Fee For Admission Illegal, No Tax Exemption: Madras High Court
The Madras High Court on Monday deprecated the practice of receiving capitation fee in exchange of admissions. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq held that such practice of receiving capitation fee is against the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992. It is therefore beyond the pale of any doubt that education...
Delhi High Court Issues Summons In Abhijit Iyer Mitra's Suit Seeking Restoration Of 'Suspended' Twitter Account
The Delhi High Court on Tuesday issued summons in the suit filed by Abhijit Iyer Mitra, who is a research fellow at the Institute of Peace and Conflict Studies, seeking restoration of his Twitter account and action against the micro-blogging site for "suspending" his account "without following the procedure prescribed by law".Justice Mini Pushkarna has now listed the matter before joint...
Centre Notifies Appointment Of 10 Additional Judges To Punjab And Haryana High Court
The Central Government today notified the appointment of 10 Additional Judges to the Punjab and Haryana High Court.1. Kuldeep Tiwari, Advocate2. Gurbir Singh. Judicial Officer 3. Deepak Gupta, Judicial Officer 4. Smt. Amarjot Bhatti, Judicial Officer 5. Smt. Ritu Tagore, Judicial Officer 6. Smt. Manisha Batra, Judicial Officer 7. Ms. Harpreet Kaur Jeewan, Judicial Officer8. Smt. Sukhvinder...
Islamic Law Recognizes Muslim Woman's Right To Demand Divorce, Husband's Consent Not Essential: Kerala High Court
Observing that Islamic law recognises a Muslim woman's right to demand termination of marriage, the Kerala High Court has ruled that the will of the wife cannot be "related to the will of the husband" who may not be agreeing to the divorce.Dismissing a review petition against a judgment wherein the court had recognized a Muslim woman's right to resort to Khula, the division bench of Justice...
Requirement To Intimate Transfer Of Vehicle To Insurance Company U/S 157(2) MV Act Only Directory: Kerala High Court
The Kerala High Court on Thursday held that the stipulation under Section 157(2) of the Motor Vehicles Act, 1988 to intimate about the transfer of a vehicle to the Insurance Company within a period of 14 days of such transfer is only directory in nature, and not mandatory.Justice Ziyad Rahman A. A. arrived at this finding on the reasoning that no consequences for non-compliance of the...
Taking Cue From Party's Assertion In Canadian Court That Indian Courts Are "Very Slow", MP High Court Orders Quick Disposal Of Anti-Suit Injunctions
The Madhya Pradesh High Court, Indore Bench recently directed all the courts in the State to endeavor to expeditiously decide applications for anti-suit injunction at least by passing interim orders, preferably within three days' time. Justice Subodh Abhyankar passed the said direction in response to the assertion made by the Respondent/Father before a Canadian Court that the courts...