Man Who Allegedly Raped, Impregnated Step-Daughter Acquitted | Meghalaya HC Reproves State For Failure To Challenge Order

The Meghalaya High Court recently reproved the state government for its failure to challenge the order and judgment of the trial court acquitting a man/accused who allegedly raped and impregnated his stepdaughter.The bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh also found fault with the state government's act of not conducting a DNA test to ascertain who may have been the...

Factors Like Nature Of Crime, Methodology Adopted Assume Significance In Denying Bail To A Juvenile: Allahabad High Court

The Allahabad High Court has observed that factors such as the nature of the crime, the methodology adopted, the manner of commission, and the evidence available assume ample significance in deciding to deny bail to a juvenile. The bench of Justice Jyotsna Sharma observed thus as it stressed that bail to a juvenile is not a must in all cases as it can be denied if, in the opinion of the...

Questions Of Faith Have No Bearing On Individual's Freedom To Choose A Life Partner: Delhi High Court

Observing that the freedom of choice in marriage is an intrinsic part of Article 21, the Delhi High Court has said that the questions of faith have no bearing on the freedom to choose a life partner. Justice Anoop Kumar Mendiratta said that in cases where couples are legally married out of their own free will and volition, the police is expected to act expeditiously and with sensitivity...

'Paraplegia Impacts Marital Life, Deprives Children Of Love': Bombay HC Grants Over ₹1 Crore Compensation To Road Accident Victim

Nit-picking and awarding meagre amounts of compensation to accident victims, unmindful of their deep mental and emotional scars, is an affront of the injured victim, the Bombay High Court has reiterated this while awarding compensation of more than Rs 1 crore to a claimant, who sustained multiple injuries in a road accident in 2004.A single judge bench of Justice Anuja Prabhudessai allowed...

Madras High Court Weekly Round-Up: October 17 to October 23, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 434 To 2022 LiveLaw (Mad) 440 NOMINAL INDEX Vikas Rambal and others v. The State, 2022 LiveLaw (Mad) 434 P Rajendran v. The Assistant Director, Directorate of Enforcement, 2022 LiveLaw (Mad) 435 Mrs Karthika v. Superintendent of Police, 2022 LiveLaw...

Casually Written Judgement And Casually Appreciated Evidence Is A Casualty To Justice: Delhi High Court

Observing that appreciation of evidence is crucial to do justice, the Delhi High Court has said that a casually written judgment and casually appreciated evidence is a casualty to justice.Justice Swarana Kanta Sharma said that a judgment is the nectar explaining every aspect of the facts and circumstances in each case and as such, is a reason for reaching to a decision.The court made...

CESTAT Allows Refund Of Unutilised Cenvat credit of Education Cess For Payment Of Output Tax

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the refund of unutilised cenvat credit of education cess and secondary and higher education cess for payment of output tax.The bench of Anil Choudhary (Judicial Member) has relied on the order passed by the Tribunal in the case of Bharat Heavy Electricals Ltd. Vs. Commissioner, CGST and held an...

Arbitration Cases Weekly Round-Up: 16 October To 22 October, 2022

Delhi High Court: Rewriting Commercial Contractual Terms Is Fatal To An Arbitral Award: Delhi High Court Case Title: Calcom Cement India Ltd. versus Binod Kumar Bawri & Ors. The Delhi High Court has ruled that where the parties agree to enter into a mutual consultation in the future, for making amendments to an original agreement, the same would only constitute an "agreement...

Kerala High Court Weekly Round-Up: October 17 To October 23, 2022

Nominal Index [Citation 2022 LiveLaw(Ker) 525-536]Suhasini v. State of Kerala & Ors. 2022 LiveLaw(Ker) 525Chorayil Kunhiraman v. Sharaful Islam Madrassa Committee 2022 LiveLaw (Ker) 526G. Nagendran v. Kerala State Electricity Board & Anr. 2022 LiveLaw (Ker) 527Praveen K.R. & Anr v. State of Kerala & Ors. 2022 LiveLaw (Ker) 528Rinu Sreejaya Aswan @ Rinu S Aswan v. Union of...

Bombay High Court Awards Rs 8 Lakh Compensation To Train Passenger Who Suffered Injuries While Attempting To Catch Phone Snatcher

The Bombay High Court recently held that theft can be considered a 'violent attack' under Section 123(c)(1)(ii) of the Railways Act, even if it's not specifically mentioned under the 'untoward incident' definition, in a situation where the passenger falls down and gets injured while running after a thief in a train."The fact that a thief snatches the mobile of a bona fide passenger and runs...

Kerala PSC Rules| No Extension Of Rank Lists Upto Date That Coincides With Expiry Of 1 Month After Last Batch Of Persons Advised Under Extended Period Commenced Training: High Court

The Kerala High Court on Monday interpreted the 1st proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, and held that the provision does not mean that the validity of rank lists issued by the Kerala Public Service Commission would have to be extended by a further period up to the date that coincides with the expiry of one month after the last batch of persons...

Karnataka High Court Weekly Round-Up: October 17 To October 23, 2022

Nominal Index: KANDULA RAGHAVA RAO & ANR v. STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 410 VALERIAL SEQUERIA & others v. SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY N H 169. 2022 LiveLaw (Kar) 411 BENGALURU URBAN ZILLA AMATEUR KABBADI ASSOCIATION ® v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 412 Gangappa v. Lingareddy. 2022 LiveLaw (Kar)...