News Updates
Order 6 Rule 4 CPC Cannot Be Invoked To Effect An Amendment In Written Statement: J&K&L High Court
The Jammu & Kashmir & Ladakh High Court recently ruled that an application filed under the provisions of Order VI Rule 4 of Civil Procedure Code has to be specific in exemplifying the details about allegations of misrepresentation, fraud or wilful default and this provision cannot be enlarged to effect an amendment to the written statement. A bench comprising Justice...
'Unnecessary Harassment': Rajasthan High Court On Trial Court's Failure To Decide Withdrawal Application Of Bailable Offence
The Rajasthan High Court expressed its displeasure over the trial court's explanation for not allowing the prayer of the petitioner-wife to withdraw the complaint against her husband Rajendra Sharma for the offence punishable under Section 494 IPC.The court ordered that a copy of explanation of the trial court, which was contrary to the situation borne out from the material on record, be...
Consent Obtained For Sex In Second Marriage Without Disclosing First Marriage Prima Facie Constitutes Rape: Bombay High Court
Consent obtained for sex in a second marriage without disclosing first marriage would prime facie constitute rape, the Bombay High Court held refusing to discharge the 'husband' in a rape case filed by a Marathi actress. Justice N.J. Jamadar held that prima facie, clause four of section 375 of the Penal Code under which the offence of rape is defined seems to be attracted in the...
Writ Of Mandamus Not A Remedy Against Private Wrongs, Court Cannot Interfere With Private Body's Internal Management: Delhi HC
Observing that the writ of mandamus is not a remedy against private wrongs, the Delhi High Court has observed that such a writ's scope is against the private authority which might be performing a public duty limited to the enforcement of such public duty. Further adding that the Court cannot interfere with the internal management of a private body in a writ of mandamus, a division...
Failure To Disclose Impotency Before Marriage: Madras High Court Directs Police To Register Offences For Cheating
Allowing an application for alteration of FIR filed by an estranged wife, the Madras High Court recently directed the respondent police to register offences under Section 417 and 420 of IPC for cheating against the husband who deceived the wife by non-disclosing his impotency. Justice V Sivagnanam of the Madurai Bench directed the respondent police to add the offences along with...
PIL In Bombay High Court Challenges Maharashtra Govt Decision To Change Name Of "Aurangabad" As "Chhatrapati Sambhajinagar"
Three Aurangabad residents have filed a PIL in the Bombay High Court against the Maharashtra Government's decision to change their city's name from Aurangabad to Chhatrapati Sambhajinagar, after the son of Maratha warrior Shivaji Maharaj."It is a painful fact of history that Chhatrapati Sambhaji Maharaj was killed under the command of Aurangzeb as per political ethos and expediency of...
Article 21| 'Right To Life Extends To Foreign Nationals': Gujarat HC Permits Canadian Woman To Undergo Kidney Transplant Without Domicile Certificate
Relying on the Apex Court's judgment in Chairman Railway Board and Ors. vs. Chandrima Das and Ors., (2000) 2 SCC 465, Justice AS Supehia of the Gujarat High Court has reiterated that the right to live includes the right to live with human dignity, and the term 'person' used in Art 21 extends to citizens and foreign nationals, alike. The High Court made these remarks in the background of...
The Arbitrator Cannot Alter The Express Terms Of The Agreement Between The Parties By Applying The Business Efficacy Test: Delhi High Court
The High Court of Delhi has held that the arbitrator cannot alter the express terms of the agreement by applying the business efficacy test when there is no ambiguity as to the intention of the parties. The Bench of Justice Vibhu Bakhru held that Penta Test as propounded by the Supreme Court in Nabha Power Ltd v. Punjab State Power Corp. Ltd. is only for the purpose of determining...
"Can't Detain Minor In Protection Homes Against Her Wishes": Allahabad High Court Grants Minor Victim's Custody To Mother
The Allahabad High Court has observed that even a minor has a right to keep her person and even the parents cannot compel the detention of a minor against her will unless there is some other reason for it.The bench of Justice Sanjay Kumar Singh observed thus while granting the custody of minor victim (in connection with a case under Sections 363 and 366 IPC) to her mother after ascertaining...
Section 29A Of The A&C Act Applies Prospectively Does Not Apply To Arbitration That Commenced Before The 2015 Amendment: Bombay High Court
The High Court of Bombay has held that Section 29A of the A&C Act that provides a timeline of 12 months for passing an arbitral award would not apply to arbitration that commenced before the 2015 Amendment to the Act. The Bench of Justice G.S. Kulkarni held that provisions of Section 29A of the A&C Act, which was incorporated into the principal act via the 2015 Amendment...
Right To Protest Can't Be Asserted And Practised In Vacuum; Social Cause Needed, Not Personal Agenda: Calcutta High Court
"Such right (Right to Protest) can neither be asserted nor practiced in the vacuum. There has to be a social cause and not a personal agenda," the Calcutta High Court observed recently.The bench of Justice Shampa Sarkar was hearing the plea of one Vineet Ruia, who is the president of an organization known as Bharat Bachao Sangathan who wished to hold protests against the private unaided...