News Updates
Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident
The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. Thus, the minor claimant has become functionally 100% disabled even when the...
Start-Ups Can't Seek Relaxation Of Tender Conditions As A Matter Of Right, Especially In Field Of Healthcare: Delhi High Court
The Delhi High Court has held that a Start-up company cannot claim relaxation in tender processes as a matter of right, especially in certain fields like health care that require past experience and other qualifications. While dismissing a writ petition filed by a start-up supplier against Delhi govt's Rajiv Gandhi Super Speciality Hospital, a division bench of Chief Justice SC Sharma...
[Order XVIII Rule 17 CPC] Recall Applications Can't Be Allowed Merely For Filling Lacuna In Cross-Examination: Delhi High Court
The Delhi High Court has held that recall applications under Order XVIII Rule 17 of CPC cannot be allowed merely for filling lacuna in cross-examination by engaging a new counsel. A single judge bench comprising of Justice C. Hari Shankar further held that the High Court's jurisdiction under Article 227 of the Indian Constitution was intended to be used sparingly for keeping subordinate...
Malegaon Blast Case : 218 Witnesses Yet To Be Examined, Says NIA; Bombay High Court Seeks Fortnightly Report On Progress Of Trial
The Bombay High Court on Wednesday asked the Special NIA Court to submit a fortnightly report on the progress of the trial in the Malegaon 2008 blast involving BJP MP Pragya Singh Thakur and Lt. Col. Prasad Purohit. A division bench of Justices Revati Mohite Dere and V G Bisht further asked the NIA to keep at least two witnesses present for examination each hearing and suggested bailable...
Madhya Pradesh High Court Monthly Digest: June 2022
NOMINAL INDEX Pramod Kumar Sethi S And Ors V Bank Of Baroda And Ors 2022 LiveLaw (MP) 154 Indore Wakf Mazaar Hazrat Nahar Shah Wali Sahab Wake Mauja Khajrana, District Indore v. The State Of Madhya Pradesh And Ors. 2022 LiveLaw (MP) 155 Seema Jatav v The State of Madhya Pradesh and Ors 2022 LiveLaw (MP) 156 Shobit Tripathi v. The State Of Madhya Pradesh 2022 LiveLaw...
State Not Obliged To Pay Salary To Teachers Whose Appointments Are Void Ab Initio: Kerala High Court
The Kerala High Court on Tuesday ruled that the State government is not obliged to pay salary to teachers who were appointed in violation of the Kerala Education Rules and the Kerala Education Act.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha held that if the appointment defies the law, it is the Manager who is responsible and the Government has no obligation to pay...
False Promise Of Marriage Must Have Direct Nexus To Woman's Decision To Engage In Sexual Act To Attract Offence Of Rape: Karnataka High Court
The Karnataka High Court has observed that false promise of marriage must be of immediate relevance or bear a direct nexus to the woman's decision to engage in the sexual act, to attract an offence of rape. A single judge bench of Justice Hemant Chandangoudar made the observation while allowing a petition filed by on Shivu @ Shiv Kumar and quashing the case pending under...
"Husband-Wife Expected To Live Together With Sense Of Adjustment": MP High Court Upholds RCR Decree As Wife Reconciles With Husband
"It needs no mention that institution of marriage is a pious institution with solemnity attached to it. Husband and wife both are expected to live together with sense of adjustment and co-existence. By virtue of marriage, two individuals after marriage acquire a recognized status. It is the duty of the couple to maintain that status with utmost sense of mutual trust and faith," observed...
Decision Of Adjudicating Authority Can't Be Doubted Merely Because It Is Govt Limb, Reliable Evidence Indicating Bias Is Must: Karnataka High Court
The Karnataka High Court has held that there has to be reliable evidence to indicate that the authority adjudicating objections is biased and the decision cannot be questioned merely because the officer is a limb of the Government. A division bench of Acting Chief Justice Alok Aradhe and Justice J M Khazi made the observation while dismissing an intra-court appeal filed by Philips...
Supreme Court Asks BJP MLA Jaykumar Gore To Surrender & Apply For Bail Before Trial Court In Forgery Case
The Supreme Court on Wednesday directed Maharashtra BJP MLA Jaykumar Gore who has been accused of allegedly forging documents in the name of a deceased person to surrender before the Trial Court and apply for regular bail. The direction was issued by the bench of CJI NV Ramana, Justices Krishna Murari and Hima Kohli after being informed by the State's counsel that chargesheet has...
Courts Can't Expand Scope Of Qualification Prescribed By Employer By Reading Into It A Higher Qualification: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that a person, to be eligible for a post, must possess the qualification prescribed for the post and it is not within the province of the Courts of law to read the higher qualification into the qualification prescribed in the rules or the advertisement as essential qualification. A division bench comprising Justices...
Bollywood Drug Probe: NCB Submits Draft Charge, Says Accused Aided Abetted Sushant Singh Rajput Into "Extreme Drug Addiction"
The Narcotics Control Bureau has claimed that actor Rhea Chakraborty, her brother Showik and others aided and abetted late Sushant Singh Rajput into extreme drug addiction. In the draft charges filed before the Special NDPS court, the NCB accused Chakraborty and 34 others of engaging in criminal conspiracy to procure, purchase, sale, transport, and distribute various drugs in...