News Updates
Transplantation Of Human Organs & Tissues Act No Bar To Enquiry For Professional Misconduct Under IMC Ethics Regulations 2002
The Kerala High Court recently considered the question of whether an authority under the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 is empowered to issue notice and conduct enquiry on a complaint regarding alleged misconduct in transplantation of human organs, since the latter is governed by the Transplantation of Human Organs and Tissues Act, 1994,...
Orissa High Court Upholds Conviction Of Accused Basing Upon Testimony Of 'Injured Witness' In 22 Yrs Old Murder Case
The Orissa High Court has upheld the conviction of three persons charged with murder and the ensuing life sentence awarded to them in a '22-year-old' case. While affirming the said conviction, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash considerably relied on the testimony of an 'injured witness' and held, "Having carefully examined the evidence...
S.37 Odisha Prevention Of Land Fragmentation Act | Tahasildar Can't Modify Record Of Rights Against Direction Of Revisional Authority: High Court
The Orissa High Court has recently held that a Tahasildar cannot modify or improve upon the Records of Rights ('ROR') going against the directions of the revisional authority under Section 37 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 ('O.C.H. & P.F.L. Act'). While setting aside such a deviation, a Single Judge Bench of Justice...
Mutation Entry In Revenue Records Neither Creates Nor Extinguishes Title To Property: Uttarakhand High Court
The Uttarakhand High Court has reiterated that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title.The observation came from Justice Manoj Kumar Tiwari:"Thus, mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title. It only enables the...
Morals & Ethics Can't Form Basis For Conviction Under Prevention Of Corruption Act, Proof Of Demand & Acceptance Of Bribe Mandatory: Bombay HC
The Bombay High Court has held that a person cannot be convicted under the Prevention of Corruption Act, 1988 (POCA) on the basis of morals and ethics. The basic requirement of demand and acceptance of bribe must be proven by the prosecution beyond reasonable doubt.Justice S. D. Kulkarni overturned the conviction in a criminal appeal observing – The corruption is spreading like cancer in...
Killing Someone On Sudden Quarrel & Under Involuntary Intoxication Amounts To Culpable Homicide Not Amounting To Murder: Telangana High Court
In a recent case, the Telangana High Court altered the conviction of an accused from punishment of Murder under Section 302 IPC to Culpable Homicide not amounting to murder under Section 304 Part II of IPC as from the record of prosecution, the offence was committed in a heat of sudden passion in highly inebriated (involuntary) stage.A bench of Justice A. Venkateshwara Reddy and Justice...
Orissa High Court Upholds Conviction Of Dara Singh & Other Accused In 1999 Father Arul Doss Murder Case
The Orissa High Court has upheld the conviction of Dara Singh alias Rabindra Kumar Pal and his co-accused for the murder of Father Arul Doss in Mayurbhanj district of Odisha in the year 1999. While affirming the conviction and sentence pronounced by the Trial Court in September 2007, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash held,"The charge as...
Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court
The Delhi High Court has reiterated that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of the Constitution of India. The Single Bench of Justice C. Hari Shankar held that there is no statutory or other legal bar under the Arbitration and Conciliation Act, 1996 (A&C Act), including under the proviso to Section 34...
J&K&L High Court Weekly Round Up: September 5 To September 11, 2022
Nominal Index [Citations 137 - 148]:Mohammad Ali Bhat Vs Shafeeqa Bano & Ors 2022 LiveLaw (JKL) 137Manzoor Ahmad Lone Vs UT of J&K & Ors 2022 LiveLaw (JKL) 138Showkat Aziz Zargar Vs Nabeel Showkat & Another 2022 LiveLaw (JKL) 139Vijay Gupta & Ors Vs Deeksha Sharma & Ors 2022 LiveLaw (JKL) 140Abdul Bari Naik v. State of J&K and others 2022 LiveLaw (JKL)...
Madras High Court Weekly Round-Up: September 5 To September 11, 2022
A weekly round-up of important cases from Madras High Court. Citations: 2022 LiveLaw (Mad) 384 To 2022 LiveLaw (Mad) 397 NOMINAL INDEX India Yamaha Motor Private Limited Versus The Assistant Commissioner, 2022 LiveLaw (Mad) 384 M/s.EIH Associated Hotels Ltd. Versus The Assistant Commissioner of Income Tax, 2022 LiveLaw (Mad) 385 B Shanmugam and others v. Karthik...
Writ Maintainable Against An Award Passed By Statutory Arbitrator Violating The Principles Of Natural Justice: Calcutta High Court
The Calcutta High Court has held that an award passed by the statutory arbitrator under the National Highways Act, 1956 where neither the notice of arbitration was served nor the copy of the award was given to the appellants is violative of principles of natural justice. The Bench of Justices Arijit Banerjee and Kausik Chanda held the availability of an alternative efficacious...