News Updates
15 Days After Minor Car Accident, Delhi HC Quashes FIR; Tells Accused To 'Serve Well Cooked Food In Orphanage'
Quashing an FIR against a car driver who had hit a bike in Hari Nagar area on September 13, the Delhi High Court has directed the accused to do some social service by serving hygienic and well cooked food in an orphanage, which has at least a 100 children, on October 5 and October 24.Justice Jasmeet Singh also directed the accused, who was in custody, to be released forthwith and sought...
No Bar On Initiating Simultaneous Proceedings For Maintenance Under Different Statutes: Madras High Court Reiterates
The Madras High Court recently reiterated that as per the settled legal position, there is no bar or prohibition on initiating simultaneous proceedings for claiming maintenance under different statutes. The parties however should disclose about previous maintenance petition before the subsequent court. Justice Murali Shankar of Madurai Bench was deciding upon the plea of a husband, who...
[Motor Accident Death] 'Parental Consortium' Available To All Children Irrespective Of Whether They Were Dependent On Deceased Or Not: Delhi High Court
The Delhi High Court in a recent judgement observed that in cases of motor accident deaths, parental consortium is available to all the children irrespective of the fact that whether they were dependent on the deceased or not.Parental consortium is granted to the child on the premature death of a parent for loss of parental aid, protection, affection, society, discipline, guidance and...
S.34 Arbitration Act Application Can't Be Rejected By Merely Citing Insufficient Grounds, Court Must Assign Reasons: MP High Court
The Madhya Pradesh High Court recently reprimanded a Commercial court for rejecting a petition filed under section 34 of Arbitration and conciliation Act without assigning proper reasons for such dismissal. The matter was being heard by Justice Sujoy Paul & Justice Prakash Chandra Gupta: "Whether grounds so taken in the application filed under Section 34 do fulfill those...
Karnataka High Court Discharges Accused Who 'Assaulted' Police Officer During Drunk Driving Check
The Karnataka High Court recently discharged two men in a case accusing them of assaulting a traffic policeman in 2017 when they were being booked for alleged drunken driving.The police had registered a case under Section 353 IPC against the accused for preventing the cop from discharging his duty. Justice Mohammed Nawaz allowed the petition filed by Priyamshu Kumar and his friend Alok Kumar...
Right To Be Forgotten Can't Be Used As Tool To 'Erase History': Google Tells Kerala High Court
The Kerala High Court this week continued hearing a batch of petitions seeking enforcement of 'Right to be Forgotten' and consequent removal of identifiable information from judgments or orders published in various online portals and the High Court Website.A Division Bench consisting of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen heard the case of a dentist who is aggrieved by...
LoA Not Issued, But Bid Documents Establish Contractual Relationship - Arbitration Clause Can Be Invoked : Orissa High Court
The Orissa High Court has ruled that where a tenderer/bidder is declared as a 'Preferred Bidder', the arbitration clause incorporated in the tender document can be invoked by the bidder, even if no tender is awarded to it and no formal contract is concluded between the parties. The Court held that the arbitration clause contained in the tender document, which provided for referring...
Prompt Listing, Live Streaming: CJI UU Lalit Completes One Month Tenure, CJAR Lauds Efforts
The NGO Campaign for Judicial Accountability and Reforms (CJAR) has issued a statement lauding the "positive and constructive steps" taken by Chief Justice of India UU Lalit to enable a more efficient and transparent functioning of the Supreme Court. On the occasion of his completing one month tenure as the 49th CJI, the organization congratulated Justice Lalit for onsetting...
Reliance On Evidence Filed After Conclusion Of Hearing; Award Is Patently Illegal: Bombay High Court
The Bombay High Court has ruled that where the only documentary material relied upon by the claimant in the arbitral proceedings, is introduced on record surreptitiously and after the conclusion of hearing, the arbitral award is vitiated on account of patent illegality. The Single Bench of Justice Rohit B. Deo held that the power of the court under Section 34 (4) of the Arbitration...
Advocates Act Confers No Right To Park Vehicle Inside Court Premises: Karnataka High Court
The Karnataka High Court has held that Section 30 of the Advocates' Act only confers the right on the Advocates to practice and it does not confer any right on any advocate to park his/her vehicle inside Court premises. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty dismissed a public interest litigation filed by advocate N.S.Vijayanth Babu,...
NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court
The Madhya Pradesh High Court recently quashed the order of the lower court whereby charges were framed against the accused under the provisions of the NDPS Act solely based on the testimony of a co-accused recorded under Section 27 Evidence Act. Setting aside the impugned order, Justice Nandita Dubey noted that while framing the charges, the trial court ought to rely on documents that...
Cancellation Of Provisional Admission Of Research Scholars In NIT Jalandhar Due To COVID: HC Seeks Explanation Of Director/Registrar
In a plea challenging the cancelation of the provisional admission granted to some research scholars in the Ph. D. Program at Dr. B. R. Ambedkar National Institute of Technology Jalandhar on account of the third wave of the Covid-19 Pandemic, the Punjab and Haryana High Court has sought the explanation of the Institute's director/registrar.Hearing the matter on September 27, the bench of...