Previous Statement Of Deceased Admissible U/S 32 (1) Evidence Act If It Relates To Cause Of Death; Expectation Of Death Not Necessary: Allahabad HC

The Allahabad High Court has observed that in the event of the death of the victim, the statement made by her/his to any living person becomes relevant and admissible in evidence under Section 32 (1) of the Indian Evidence Act if the same relates to cause of her/his death. The bench of Justice Siddhartha Varma and Justice Umesh Chandra Sharma further clarified that under Indian Law, it...

S.12 DV Act | Magistrate Can Revoke Summons Based On Response Filed By Husband/ Relatives: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that a Magistrate would be well within its jurisdiction to cancel the interim order passed by it under Section 12 of the Domestic Violence Act, if upon going through the response of the husband and his relatives, it finds that they have been unnecessarily roped in or no case for grant of interim order is made...

Delhi High Court Sets Aside Ban On Manufacture And Sale Of Chewing Tobacco Products In National Capital

The Delhi High Court has quashed various notifications prohibiting the manufacture, storage, distribution or sale of Gutka, Pan Masala, flavoured tobacco and similar products in the national capital. Since 2015, seven notifications were issued by the Commissioner of Food Safety.Justice Gaurang Kanth observed that the notifications were issued year after year "in a mechanical manner"...

Termination of Service Has No Nexus With Discharge of Public Duty: MP High Court Dismisses Writ Against Private Educational Institution

The Madhya Pradesh High Court recently dismissed a writ petition on the ground that the Petitioner was assailing her termination, which was issued by a private unaided minority institution, pursuant to its own bylaws. The Court held the petition to be not maintainable as the bylaws had no statutory force, corollary to which the issuance of order of termination could not be brought within...

Unnecessarily Procrastinating Trial: Bombay HC Dismisses Plea By Jiah Khan's Mother Seeking Fresh Investigation Into Actress' Death

The Bombay High Court recently dismissed Rabia Khan's petition seeking fresh investigation into her daughter and Bollywood actress Jiah Khan's suicide by the stating that CBI has carried out a 'fair, impartial, and transparent' probe into the case in a 'thorough' manner. The court further said that Rabia Khan is trying to delay the trial by repeatedly filing petitions having...

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court

The Allahabad High Court on Tuesday observed that a victim has no right in law to drop the case of a non-compoundable offence of serious and heinous nature which badly affects society. The bench Justice Sameer Jain that such cases become a matter between the State and the accused and it is the duty of the State to ensure the law and order and to prosecute the offender in such...

[WhatsApp Privacy Policy] There Has To Be Some End To 'Luxury To Litigate': Delhi High Court To Facebook's Indian Subsidiary

The Delhi High Court on Wednesday dismissed Facebook India Online Services Private Limited's petition challenging the probe initiated by Competition Commission of India (CCI) against it in connection with the national regulator's investigation into WhatsApp's privacy policy of 2021. The Facebook India Online Services Private Limited is the subsidiary of Facebook Inc or Meta, the...

Madras HC Sets Aside Order Requiring Wife To 'Serve Snacks' To Estranged Husband During Visitation

Such stipulations are not relevant for deciding rights of parties, it held.

Prosecution Must Establish Facts Indicating 'Special Knowledge' To Shift Burden of Proof On Accused U/S 106 Evidence Act: Karnataka HC

The Karnataka High Court has said that Section 106 of the Indian Evidence Act will apply to those cases where the prosecution has succeeded in establishing the facts from which a reasonable inference can be drawn regarding the existence of certain other facts, which are within the special knowledge of the accused.A division bench of Justices Dr. HB Prabhakara Sastry and Anil B. Katti, sitting...

Liquor License Can't Be Suspended Citing Family Dispute Between Legal Heirs After Death Of License Holder In Partnership: Bombay HC

A dispute between legal heirs cannot be a ground to suspend the liquor license held in the name of a deceased partner of a firm under the Maharashtra Prohibition Act 1949 and rules thereunder, the Bombay High Court's Nagpur bench has held while quashing the order passed by Collector of State Excise. Justice Manish Pitale relied on two circulars which stated that licenses should...

[JJ Act] No Fundamental or Statutory Right To Pursue Higher Education Outside India, Juvenile's Right To Travel Abroad Can Be Curtailed: Punjab And Haryana High Court

The Punjab and Haryana High Court has held that an undertrial or a juvenile who is in conflict with law does not have any fundamental or statutory right to pursue higher education abroad.Justice Jasgurpreet Singh Puri in the ruling also said that though the right to travel abroad is a "valuable and basic right" apart from being an integral part of right to personal liberty, it can be curtailed...

Delhi International Arbitration Centre To Organise 'Delhi Arbitration Weekend' in 2023

The Delhi International Arbitration Centre (DIAC) will hold the first edition of Delhi Arbitration Weekend next year from February 16 to February 19 at the Delhi High Court. The Registration Form will be available soon on the official website of DIAC.The Delhi Arbitration Weekend will include various panel discussions on wide ranging topics in the field of arbitration and provide opportunities...