Interim Relief Under Section 9 Of A&C Act- Incidental To Recovery Of Possession Of Property; Small Causes Court Alone Would Have Jurisdiction: Bombay High Court

The Bombay High Court has ruled that reliefs which are incidental to the possession of the licensed premises cannot be sought in an application for interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), in view of the exclusive jurisdiction conferred on the Court of Small Causes under Section 41 of the Presidency Small Cause Courts Act,...

Mob Violence | Bail Can Be Granted Without Costs In Absence Of Material To Show Accused Person Damaged Property: Andhra Pradesh High Court

In a recent case, the Andhra Pradesh High Court granted bail to the petitioners who were accused in mob violence without imposition of costs as there was no material to show that the petitioners had damaged the property. Facts of the case The facts of the case was that huge number of people gathered for submitting objections pursuant to issuance of Gazette notification with regard...

Vizhinjam Protests: Adani Ports Move Kerala High Court Seeking Police Protection

Adani Ports, which is constructing the Vizhinjam International Seaport, and its contracting company Howe Engineering Projects, have approached the Kerala High Court seeking protection for their employees from those protesting against the project.The plea also seeks facilitation of barrier free ingress and egress to the port site, so as to complete the construction work which is being opposed...

Appoint Lady Counsels To Represent Sexual Violence Victims, Especially Minor Girls: Allahabad High Court To HC Legal Services Committee

The Allahabad High Court has requested the High Court Legal Services Committee Allahabad to appoint lady counsels to represent the victims especially when the victims are minor girls.The bench of Justice Ajay Bhanot was essentially dealing with the bail plea of a POCSO Accused when it noted that very few lady counsels appear to represent the victims from the side of the High Court Legal...

Custodial Violence A Concern For Civilized Society: Allahabad High Court Denies Bail To Cop Accused Of Killing 24 Yr Old Man

"Custodial violence, custodial torture and custodial deaths have always been a concern for civilized society. Times and again the judicial verdicts of the Apex Court and other Courts have shown their concern and anguish in such matters," observed Allahabad High Court as it denied bail to a cop in connection with the custodial death of a 24-year-old man.The bench of Justice Samit...

DNA Test | Proof Of Paternity Not Sufficient To Prove Marriage/ Domestic Relationship Between Parties Under DV Act: Kerala High Court

The Kerala High Court recently held that conducting DNA test and proving child's paternity would not be enough to prove the existence of a marriage or domestic relationship in a proceeding under Domestic Violence Act, 2005, when paternity or legitimacy in itself was not a fact in issue.Justice Kauser Edappagath while holding so, observed that under the DV Act, what is required to be proved...

Preventive Detention | Only Those Acts Which 'Gravely Prejudice' Public Order Qualify As Acts Prejudicial To Security Of State: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that every act which is prejudicial to the security of the state would qualify to be an act prejudicial to the public order but the reverse is not true. It is only the acts prejudicial to the public order which are of 'grave nature' that would qualify to be termed as acts prejudicial to the security of the...

Able-Bodied Husband Can't Argue That He Isn't In Position To Maintain His Wife: Allahabad High Court

The Allahabad High Court recently observed that an able-bodied husband cannot argue that he is not in a position to maintain his wife.The observation was made while dismissing an appeal filed by the Husband against the order passed by the family court under Section 24 of the Hindu Marriage Act [Maintenance pendente lite and expenses of proceedings] in a proceeding for divorce instituted by...

Plea In Kerala High Court Seeks CBI Probe In Road Rage Case Against Collector Sriram Venkitaraman IAS

The brother of journalist K M Basheer, who died in a road rage involving IAS Officer Sreeram Venkitaraman, has moved the Kerala High Court seeking a CBI probe into the incident which took place in August 2019.In the petition moved through Advocate P.T. Sheejish, the Petitioner, who is the brother of the deceased Journalist, alleges that the accused, who is a very influential IAS Officer,...

"Matter Of Serious Concern": Bombay HC Seeks Details On Building Permits Granted In Excess Of Height Limit Near Upcoming Navi Mumbai Airport

The Bombay High Court on Thursday sought details on permissions granted for high-rises allegedly in excess of height limit near upcoming Navi Mumbai airportThe Court directed City and Industrial Development Corporation of Maharashtra to be added as a respondent to a PIL on obstructions around the airports, following submissions that the planning authority had invited bids way beyond...

"Abortive Attempt To Scuttle Innocuous Statutory Proceedings": Karnataka HC Rejects Intel's Plea Against CCI Probe With ₹10 Lakh Cost

The Karnataka High Court has dismissed a petition filed by Intel Technology assailing a 2019 CCI order directing a probe into its warranty policy with Rs. 10 lakh cost.The agenda of CCI's probe is to see whether Intel's policy has resulted in denial of market access to parallel importers & re-sellers of Boxed Micro-processors for Desktop and Laptop PCs. It will also assess the risk...

Statement Recorded U/S 161 CrPC Only For Confrontation In Cross Examination, Cannot Replace Evidence: Gujarat HC Upholds Murder Acquittal

The Gujarat High Court, while reiterating that the statement of a witness recorded by the investigating officer under Section 161 of CrPC does not fall within the ambit of evidence, has upheld the acquittal of a Murder accused. The Bench comprising Justices SH Vora and Rajendra Sareen explained in the context of the statement recorded by the investigating officer: "Such evidence is...