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Can't Assume Graduate Wife Intentionally Not Working To Claim Maintenance From Husband When She Was Never Employed: Delhi High Court
The Delhi High Court has said that merely because the wife is holding a graduation degree, it cannot be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband, particularly when she was never employed in the past.While refusing to reduce interim maintenance granted to a wife, a division bench of Justice Suresh Kumar Kait and...
Can Close Relatives Of State's Executive Head Be Awarded Govt Contracts? Supreme Court Seeks CAG's Response
The Supreme Court while resuming its hearing in a SLP raising allegations regarding awarding of government tenders by the state government of Arunachal Pradesh, a decade ago, directed the Comptroller and Auditor General of India (CAG) to inform the Bench on the following points:“Whether very close relative(s) to the Executive Head of the State can be awarded Government contracts; In the...
Mere Likelihood Of Absconding While On Parole Not Sufficient Ground To Decline Temporary Release: Punjab & Haryana High Court
The Punjab & Haryana High Court recently granted parole to a man convicted for murder and sentenced to life imprisonment observing that likelihood of absconding of the prisoner is not a sufficient ground to reject temporary release. A division bench of Justice Lisa Gill and Justice Ritu Tagore emphasized that the mere likelihood of absconding while on parole was not a sufficient ground...
'Wrong Done' U/S 19 CPC Includes Both Act & Its Effects: Kerala HC Says Local Court Authorised To Grant Relief To Mother Of Maid Who Died In Delhi
The Kerala High Court recently held that a Sub Court in Kerala has the territorial jurisdiction to try a suit for compensating for a wrong committed in Delhi, since as per the broader interpretation of "wrong done" under Section 19 of CPC, the effects of the wrong justified establishing jurisdiction in Kerala, where the plaintiff resided. Justice Basant Balaji observed that though the death...
Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court
Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. The present decision emphasised the importance of substantial evidence in awarding claims for loss of...
No Case Of Medical Negligence If Complications Suffered By Patient Totally Unrelated To Medical Procedure Undergone: Supreme Court
The Supreme Court while deciding a case of medical negligence held that principles of Res Ipsa Locutor get attracted where circumstances strongly suggest partaking in negligent behaviour by the person against whom an accusation of negligence is made. Res ipsa loquitur means “the thing speaks for itself”.In the context of a legal claim based on negligence, res ipsa loquitur essentially...
Bengaluru District Commission Holds IndusInd Bank Liable For Refusal To Refund Invested Amount Of Rs. 16.16 Lakhs
The Bengaluru-IV Additional District Consumer Disputes Redressal Commission bench comprising of Ramachandra, M.S. (President), Nandini H Kumbhari (Member) and Shrinidhi (Member) held IndusInd Bank liable for unfair trade practices, negligence, and a breach of their duties as prudent bankers for not refunding investments made by the complainant amounting to Rs 16.16 Lacs...
Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief needs to be granted or not. A bench of Justice B...
Court's Duty To Ensure Witnesses Are Not Under Threat: Supreme Court Cancels Accused's Bail After Witnesses Turn Hostile, Orders Fresh Examination
The Supreme Court has cancelled the bail granted to a man accused of conspiring to murder his wife after she refused consent for mutual divorce, upon noticing the "sudden somersault" taken by vital witnesses like the deceased's family members and the accused's history of using influence of police and goons.The Supreme Court invoked its powers under Article 142 of the Constitution and Section...
Supreme Court Sounds Note Of Caution After High Court Judge Entertains Civil Writ Petition For Clubbing FIRs, Imposes 50K Cost On Litigant
The Supreme Court recently exposed a shocking case of abuse of legal procedures before the Rajasthan High Court where after denial of interim relief under Section 482 CrPC for quashing FIR, the accused (respondents herein) filed a civil writ petition for consolidation of all FIRs and also managed to get protection from any coercive action. This move was allegedly aimed at circumventing the...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 11 – 17, 2023]
Citations: 2023 LiveLaw (SC) 763 To 2023 LiveLaw (SC) 799SUBJECT WISE INDEXAdvocateIt is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees - Ensure that an Advocate who appears for the State is paid his fees within a reasonable time. State of Uttar Pradesh v. Bina Pandey, 2023 LiveLaw (SC) 769Disciplinary...
Tamil Nadu’s Ban On Reinforced Paper Cups Reasonable,In Public Interest To Control Pollution: Supreme Court
The Supreme Court on Friday (20.10.2023) refused to interfere with the order of the Madras High Court that had upheld the ban on reinforced paper cups introduced in the state of Tamil Nadu in 2019. However the Apex Court directed the Tamil Nadu Pollution Control Board (TNPCB) to re-consider the ban on non-woven bags afresh in the light of the amended Plastic Waste Management Rules, 2016...