News Updates
Delhi HC Directs Engineer Supervising Construction Work To Contribute Educational Expenses Of Child Injured In On-Site Accident, Allows Compromise
The Delhi High Court recently directed a site engineer, supervising an ongoing construction work, to contribute towards educational expenses of a child who was injured after a board present at the site fell on him.The direction will remain in effect till the child clears 10th standard. The minor child is presently in 3rd standard. The FIR was registered under sec. 283 and 338 of the Indian...
Rajasthan High Court Dismisses Plea Against Discrimination Based On Covid-19 Vaccination Status
The Rajasthan High Court has recently dismissed a public interest litigation challenging the state government's order restricting access to indoor sports, gyms, restaurants and other public places to people who have received at least one vaccination dose against Covid-19. A division bench of Justice Manindra Mohan Shrivastava and Justice Shubha Mehta dismissed the petition after...
S.18 Arms Act | No Appeal Lies Against Issuance Of Arms Licence: Rajasthan High Court
The Rajasthan High Court has held that there is no provision where appeal can be entertained under Section 18 of the Arms Act against anorder of issuance of arms licnece.Notably, section 18 of the Arms Act states that any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or...
BREAKING | Kerala High Court Dismisses Saritha Nair's Plea Seeking Copies Of Swapna Suresh's 164 Statement
The Kerala High Court on Thursday dismissed the plea moved by Saritha S. Nair, the prime accused in the infamous solar panel scam seeking a direction to provide her with copies of the Section 164 statement given by Swapna Suresh, an accused in the diplomatic gold smuggling case.Justice Kauser Edappagath dismissed the petition finding that the apprehensions projected by Nair were not...
Treatment Of Rare Diseases | Can Financial Aid Cover Expenses For Clinical Trial Of Experimental DMD Drug? Delhi High Court Seeks Centre's Stand
The Delhi High Court has sought the stand of Central Government on the aspect if financial aid for treatment of children with rare diseases can cover expenses that will be incurred in the second and third phase of clinical trials of the experimental drug Duchenne Muscular Dystrophy (DMD) and treatment of children enrolled in the said trials.Justice Yashwant Varma was hearing a clutch of...
Mumbai Court Declares Australia Based Couple As Legal Parents Of Surrogate Child
The City Civil Court in Mumbai recently declared an Indian couple based in Australia as the genetic and biological parents of their son born out of surrogacy, enabling them to travel to Australia along with the child. The couple claimed that the surrogate mother was not cooperating with them despite the existence of an agreement and there were several other impediments and requirements...
CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that merely because a settlement has taken place between warring spouses during the pendency of execution proceedings, the order of maintenance passed by a Magistrate under Section 488 of J&K CrPC does not get wiped out if the settlement does not work. A bench comprising Justice Sanjay Dhar was hearing a plea in terms of...
"Prima Facie Curtailment Of Right Under Art 19": Calcutta HC Stays Probe Over FB Post Containing Lord Krishna's 'Intimate' Portrait With Radha
An artist has moved the Calcutta High Court against the registration of an FIR under Section 295A of the IPC over a Facebook post made by him containing a portrait depicting an intimate scene between Lord Krishna and Radha, influenced by Geet Govinda (an epic love poem of Jaya Deva.)Taking into account the facts of the case, the Court prima facie noted that the criminal complaint in the...
Locus Standi To Be Satisfied To Make A Claim On Doctrine Of Legitimate Expectation: Kerala High Court
The Kerala High Court recently observed that a person who bases his claim on the doctrine of legitimate expectation must first satisfy that there is a foundation for the same and thus has a locus standi to make such a claim.A Division Bench of Justice P. B. Suresh Kumar and Justice C.S. Sudha observed that for a beneficiary to have a legitimate expectation on invoking the privilege granted,...
Detailed Assertion Of Title Or Title And Possession Is Sufficient To Grant Injunction Against Construction On Joint Property: Calcutta HC
In a case for declaration of title and of partition of a property that is claimed to be jointly owned and possessed the Calcutta High Court held that a plaintiff seeking restraint order on defendant from making construction on a property is required to prove prima facie that he has title to it or is entitled to possession thereof or both. In the pleading assertion of title or title...
Chairman Of District Primary School Council Cannot Order Transfer Of Teachers: Calcutta High Court
On Friday, in an intra-court appeal whereas a Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council, the Calcutta High Court noted that the Chairman did not have the authority or jurisdiction to issue the impugned transfer order to the appellant Assistant Teacher of a Primary...
Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court
The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics...