Civil Law
Telangana High Court Refuses To Shift 12-Year-Old Mobile Tower, Directs Technology Upgrade To Reduce Radiation Levels
The Telangana High Court has declined to direct shifting of a telecommunication rooftop tower which had already been erected and functioning since 2014, but directed the Greater Hyderabad Municipal Corporation to take steps for technological upgradation so as to reduce radiation levels and ensure that there are no health hazards to local residents.A Single Judge Bench of Justice...
Limitation Act | Suit For Compensation By Dependent Of Deceased Not Barred Under Article 82: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that a suit filed by a dependent seeking compensation for the death of a family member is not barred by limitation under Article 82 of the Limitation Act, 1963, if the claim is based on an independent civil right and not under the Fatal Accidents Act.Justice Nidhi Gupta said, "suit of the plaintiff is not governed by Article 82 of the Limitation Act;...
SC/ST Act | Cognizance, Charge-Framing Orders Are Appealable U/S 14A, Can't Be Challenged Directly U/S 482 CrPC: Rajasthan HC
The Rajasthan High Court dismissed a petition challenging order of cognizance and framing charges under the SC/ST Act, 1989 (“the Act”) opining that these orders were appealable under Section 14A of the Act. The bench of Justice Anoop Kumar Dhand held that the order of taking cognizance and order of framing charges were not interlocutory in nature, and as per Section 14A of the Act, an...
Video Conferencing Rules Must Be Meaningfully Applied: P&H High Court Allows Examination Of Witness On VC
The Punjab and Haryana High Court set aside a trial court order refusing to permit the examination of a material witness through video conferencing, emphasizing that procedural rules must be applied in a manner that advances access to justice rather than defeats it.Justice Virinder Aggarwal said, "It is pertinent to note that the requisite technological infrastructure for conducting...
Housewife's Contribution Is Invaluable: Calcutta High Court Enhances Compensation Over Death Of Woman In Road Accident
The Calcutta High Court has enhanced compensation awarded for the death of a homemaker in a motor accident case, underscoring that the contribution of a wife and mother to her family is “invaluable” and cannot be measured merely in monetary terms.Justice Biswaroop Chowdhury increased the compensation payable to the deceased homemaker's minor daughter from ₹9.17 lakh to ₹11 lakh, while affirming the finding that the accident was caused by the negligent parking of a mini-truck in the middle of a...
Revocation Of Probate Governed By Article 137 Of Limitation Act As Succession Act Prescribes None: Supreme Court
The Supreme Court has held that since the Indian Succession Act, 1925 does not prescribe any limitation period either for seeking probate of a Will or for filing an application to revoke a probate already granted, such proceedings would be governed by Article 137 of the Limitation Act, 1963, which provides a three-year limitation period for applications where no specific period is prescribed.A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi made the observation while allowing an...
Injury Due To Tree Fall On Stationary Vehicle Not 'Motor Accident'; Can't Lodge MACT Claim : Supreme Court
The Supreme Court ruled that injuries caused by the fall of a roadside tree branch on a stationary autorickshaw during heavy rain do not constitute an accident arising out of the "use of a motor vehicle" for the purposes of a claim under Section 166 of the Motor Vehicles Act, 1988. Nevertheless, considering the grave injuries suffered by the victim, the Court enhanced the compensation awarded to him from ₹17.10 lakh to ₹25 lakh by exercising its extraordinary powers under Article 142 of the...
Supreme Court Lays Down Principles For Psychological Evaluation Of Children In Custody Disputes
The Supreme Court today laid down a set of broad principles for courts dealing with requests for psychological or psychiatric evaluation of children in custody, visitation and parental access disputes, holding that “minimum intrusion” into a child's life should be the norm and courts must remain sensitive to the risk of re-traumatisation.A bench of Justice Sanjay Karol and Justice N Kotiswar Singh made the observations in a case involving a custody dispute where the child is also an alleged...
Public Servant's Financial Affairs Exempted From Disclosure Under RTI, Unless Justified By Overriding Public Interest: Karnataka High Court
The Karnataka High Court dismissed an RTI applicant's plea seeking disclosure of assets and liability statement of a public servant, former Deputy Controller of State Road Transport Corporation (KSRTC), observing that the information sought was personal unconnected to any public interest hence protected under Section 8(1) (j) RTI Act. It observed that official acts, decisions, utilization...
Mere Pendency Of Criminal Case No Bar For Renewal Of Passport: AP High Court
Directing the directed passport authorities to consider a teenager's passport application–booked in a criminal case where cognizance had not been taken, the Andhra Pradesh High Court said that mere pendency of a criminal case is not a bar for renewing the passport. The petitioner-16-year-old boy, made an application before regional passport officer for the issuance of a passport. A...
