News Updates
DTC Buses Procurement Row: Delhi High Court Asks AAP Minister Kailash Gahlot, BJP MLA To Explore Settlement In Defamation Suit
The Delhi High Court on Wednesday asked Delhi Transport Minister Kailash Gahlot and BJP MLA Vijender Gupta to explore the possibility of arriving at a settlement in a defamation suit filed over alleged defamatory remarks about Gahlot over procurement of 1,000 low-floor DTC buses.A division bench comprising of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju was dealing with an appeal...
JKL High Court Refuses To Quash UAPA Case Against Professor Accused Of Promoting Separatism, Provoking People Against Security Forces
The Jammu and Kashmir and Ladakh High Court recently refused to quash an FIR registered against an Assistant Professor working in a Government college who has been accused of intending to provoke common people to use force or violence against the institutions like the army, the police and the civil administration.The bench of Justice Sanjay Dhar perused the video clips submitted by the...
Bengaluru Rains: Karnataka High Court Directs BBMP To Forthwith Set Up Cell To Address Residents' Grievance
The Karnataka High Court on Wednesday directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to forthwith set up a grievance cell, ward wise, in order to address problems of residents who are facing hardships due to unprecedented rains in the city. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty said, "For such purpose the ward engineer in each ward shall...
S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court
Punjab and Haryana High Court recently held that Section 67 of the NDPS Act, does not expressly oust the clout of Section 27 of the Indian Evidence Act, and, as such saves its operation to offences constituted under the NDPS Act. Moreover, Section 67 of the NDPS Act also when does not through a nonobstante clause, occurring therein expressly oust the workability or the clout of...
Bigamy | Only Court Within Whose Jurisdiction Second Marriage Is Performed Has Power To Try Offence U/S 494 IPC: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that in an offence falling under Section 494 IPC of performing/ contracting second marriage during the subsistence of first valid marriage, it is only the Court within whose jurisdiction the second marriage is performed which has the jurisdiction to try the case in terms of Section 177 of Criminal Procedure Code.The bench of Justice...
Gauhati High Court Expresses Shock Over High-Handedness Of Traffic Police Against Commuter; Orders Training For All Constables
The Gauhati High Court has expressed its serious displeasure over an incident involving alleged misuse of authority and force by traffic personnel against a 'trivially errant' commuter. A Division Bench of Chief Justice R.M. Chhaya and Justice Soumitra Saikia observed, "It is no doubt true that the authorities have initiated Departmental Proceedings against the erring police personnel...
NEET Candidate Alleges Her Answer Sheet Was Swapped, Madras High Court Directs NTA To Produce Her Original OMR
The Madras High Court bench of Justice R Subramanian on Tuesday directed the National Testing Agency to produce the original OMR sheet of a candidate after she approached the court alleging that she was given another candidate's answer sheet after correction. The petitioner, KS Bhavamirthne, who had appeared for the NEET (UG) 2022 Examination conducted by CBSE for admission into...
Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC
The Kerala High Court on Wednesday granted bail to a man accused of smothering and electrocuting his wife to death with an observation that merely because he was earlier released on bail by a court of incompetent jurisdiction would not be a reason keep him in custody, ignoring the basic tenets of criminal jurisprudence that an accused is presumed to be innocent until proven guilty."The...
Handwriting Expert's Opinion About Suicide Note Becomes Doubtful If IO Does Not Depose About Sourcing Admitted Writings Of Deceased: P&H High Court
The Punjab and Haryana High Court has held that the opinion of a Handwriting expert regarding a suicide note having been written by the deceased cannot be a conclusive proof if the person (Police), who sourced and handed over admitting writings of the deceased for examination, fails to disclose such fact in its evidence.In one such case where the ASI failed to make a deposition qua his...
Gujarat Mining Rules | Seized Property Along With Written Complaint Must Be Produced Before Competent Court Within 45 Days: High Court
In a recent order, the Gujarat High Court has clarified in the context of the Gujarat Mining Rules, 2017 that the investigator must approach the Sessions Court with a written complaint and produce the seized properties with the Court on the expiry of the specified time period. Failure to do this exercise, would result in the frustration of seizure and bank guarantee. Consequently, the...
Accepting Terms And Conditions on Website Containing Arbitration Agreement, Valid: Bombay High Court
The Bombay High Court has reiterated that reference of a dispute to arbitration can only be refused in cases of "serious allegations of fraud", which is made out when either of the tests propounded by the Apex Court in Avitel Post Studioz Limited & Ors. versus HSBC PI Holdings (Mauritius) Limited (2020), are satisfied.The Single Bench of Justice G.S. Kulkarni ruled that a...
Writ Courts Can't Adopt 'Come What May Attitude' In Contractual Matters When Actions Of Public Functionaries Are Manifestly Arbitrary: Karnataka HC
The Karnataka High Court has observed that ordinarily, Writ Courts do not grant indulgence in matters involving contract and non-payment of contractors' bills, more particularly when disputed facts are involved. Aggrieved parties can work out their remedies by an ordinary civil suit or by invoking arbitration clause, if there be one.However, it added that Courts should not adopt callousness...