News Updates
Take Initiative To Establish Family Court In Every District In Maharashtra: Bombay High Court To State
The Bombay High Court on Thursday urged the Maharashtra government to take steps to establish a family court in every district of the state. A division bench of Justice Anil K Menon and Justice Makarand S Karnik was hearing a PIL by a businessman Tushar Gupta, who claimed a severe dearth of family courts in the state despite the Family Courts Act stipulating one family court with...
Recording Of Evidence Through VC Not Right Of Any Party, Discretion With Court To Grant Leave: Karnataka High Court
The Karnataka High Court has said that in civil suits, where complex issues are involved, the Court should be cautious in allowing a party to lead evidence through video conferencing mode and that mere delay, expense or inconvenience cannot be a ground to allow a litigant to have an alternate mode of leading ocular evidence. A single judge bench of Justice Sachin Shankar...
NEET-UG 2021 | No Vested Right In Favour Of Candidates Erroneously Declared Successful Due To Technical Glitch: Delhi High Court
While refusing relief to three candidates in connection with NEET-UG examination 2021, the Delhi High Court observed that there is no right which stands vested in their favour as they had been erroneously declared "successful" due to a technological glitch. Justice Sanjeev Narula observed thus:"Therefore, the question that arises for consideration is whether a right stood vested in favour of...
'Not Heinous Offence': Punjab & Haryana High Court Allows Quashing Of FIR U/S 498-A IPC
The Punjab and Haryana High Court recently allowed a petition for quashing of an FIR registered under Section 498-A and Section 406 IPC in a matrimonial dispute, on the ground of a mutually agreed settlement between the parties. The bench comprising Justice Deepak Sibal noted that the agreed amount has been paid in its entirety to the wife and the parties have been granted divorce...
Medical Non-Examination Of Accused Can't Create Doubts On Eye-Witnesses' Account Supported By Medical Evidence: Allahabad HC Upholds Rape Conviction
The Allahabad High Court has observed that mere non-examination of the accused medically after the incident cannot create clouds of doubts on the evidence of eye-witnesses well supported with medical evidence.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav observed thus as it upheld the conviction of the rape accused who was sentenced to life imprisonment by the trial court coupled...
'Chance Fingerprints' Tallying With Theft Accused Not Reliable When Spot & Manner Of Lifting Fingerprint Not Disclosed: Karnataka HC Orders Acquittal
The Karnataka High Court has said in a case of circumstantial evidence, it is not safe to rely upon the mere report of the Fingerprint expert that the 'Chance Fingerprint' given to him for examination was corresponding to the fingerprint of the accused and proceeding to convict the accused, unless the spot and the manner in which such fingerprint was lifted is disclosed in the...
S.60(1)(c) CPC | Decree With Statutory Charge Over Property Akin To A Charge Decree: Kerala High Court
The Kerala High Court recently, while disposing of two petitions, held that the exemption provided under Section 60(1)(c) of the Code of Civil Procedure is not applicable to a charge decree or decree where there is a statutory charge, over the property. Justice A Badharudeen further opined that there is no reason to differentiate between a charge decree and a decree where a statutory charge...
Punjab And Haryana High Court Grants Bail To Former Punjab Health Minister Vijay Singla In Corruption Case
The Punjab and Haryana High Court today granted bail to former state health minister Dr. Vijay Singla in connection with a corruption case. The bench of Justice Lisa Gill granted him bail in the case wherein he has been accused of "one percent commission" in tenders and purchases by his department.Before the High Court, the state government submitted that the investigation in the matter...
Kerala High Court Allows Bail Plea Moved By CGC Accused Of Sexually Assaulting Colleague
The Kerala High Court on Friday allowed the bail application moved by Central Government Counsel Navneeth N Nath in a sexual assault case lodged against him by his colleague. Justice Bechu Kurian Thomas granted bail subject to some conditions observing that although the offences alleged against him are serious, it was improbable that he would flee from justice since he is stated to be a...
High Court Cannot Control Day To Day Affairs Of Trial Court In Exercise Of Its Reversional Power: Delhi High Court
The Delhi High Court has observed that a High Court, in exercise of its revisional power, cannot be seen as controlling the day to day affairs of the Trial Court. The Court was dealing with a plea challenging an order dated 2nd May, 2022 whereby the Trial Court had rejected the request of the petitioner for appointment of Local Commissioner.Justice Dinesh Kumar Sharma was of the view that due...
Section 8 Of A&C Act Can't Be Invoked Based On A Non-Binding Arbitration Agreement: Karnataka High Court
The Karnataka High Court has ruled that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement could not be termed as an arbitration agreement. The Single Bench of Justice Sachin Shankar Magadum held that since under the relevant clause in...