High Courts
Strict Liability On Railways To Compensate Kin Of Deceased Who Fell From Train After Mistakenly Travelling Beyond Destination: Karnataka HC
The Karnataka High Court has upheld an order of the Railway Tribunal granting compensation to the claimants of a deceased passenger who had fallen from the train after mistakenly travelling beyond his destination station.Justice H P Sandesh dismissed an appeal filed by South Western Railways, challenging the order dated December 28, 2010, granting compensation of Rs 4 lakh along with interest...
"No Woman Would Commit Suicide In Nudity, Clear Case Of Homicide": Kerala High Court Upholds Husband's Conviction For Wife's Murder
The Kerala High Court has upheld the life sentence given to the husband under Section 302 of the IPC for the murder of his wife by hanging. The Court upheld the conviction by ruling out the possibility of suicide since the body of the deceased was found hanging in a nude state in a lodge room which was locked from the outside.The Division Bench of Justice P.B. Suresh Kumar and Justice...
Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court
The Patna High Court bench of Chief Justice K Vinod Chandran has held that once the person empowered to nominate an arbitrator under an arbitration clause becomes ineligible to nominate the arbitrator, the matter shall not referred to the Arbitration. Brief Facts An agreement was executed between the petitioner and the respondent in pursuance of a tender floated by the respondent....
Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order
The Bombay High Court on Monday while pulling up the Mumbai Police for not returning the passport of a man, despite a clear order by a Sessions court, said the Police is duty bound to implement an order passed by any court.A division bench of Justices Revati Mohite-Dere and Shivkumar Dige also imposed costs of Rs 25,000 on the State for the failure of the officers at Mumbai's plush Cuffe...
P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts
The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict...Gurdev Singh...
'Sophisticated Form Of Extortion': Bombay High Court Slaps Rs 5 Lakh Costs On 'Unscrupulous' Tenant For Frivolous Petition
The Bombay High Court while slapping a fine of Rs 5 lakh on a tenant for 'obstructing' redevelopment of a nearly 83-year-old building, observed that often such petitions by tenants amount to 'sophisticated form of extortion' and thus such 'obstructionist' behaviour of the tenants must be deterred.A division bench of Justices Ajay Gadkari and Kamal Khata noted that filing petitions in the court...
POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants
In a relief to TV News Anchor and Journalist Chitra Tripathi (working with ABP News), the Punjab and Haryana High Court has set aside two orders of the Gurugram Court, issuing a non-bailable warrant of arrest against her in connection with a POCSO Case. Gurugram Court passed this order last month while cancelling her bail and rejecting her application for exemption from personal...
Accused Has No Indefeasible Right To Be Heard Before Transfer Of Probe To CBI: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that the accused has no indefeasible right to be heard, before the High Court passes an order for transfer of investigation to the CBI.Justice Sumeet Goel said, "there is no right nay indefeasible right vested in the accused/suspect, to be heard, before the High Court passes an order for transfer of investigation of a case/FIR to CBI."In case, a...
Erroneous Methodology Used To Prepare State List: Madhya Pradesh HC Directs Issuance Of Fresh List For NEET-PG 2024 In-Service Candidates
Allowing a plea against the normalisation process used in the NEET-PG 2024 exam for preparing state ranking of in-service candidates, the Jabalpur bench of the Madhya Pradesh High Court on Monday (December 9) quashed the state merit list directing the National Board of Examinations in Medical Sciences (NBEMS) to prepare it afresh by giving incentivised marks to the candidates based on...
Jyoti Shyamdasani Murder Case | Allahabad High Court Upholds Conviction Of 5 Including Husband, Acquits His Alleged Lover
Last month, the Allahabad High Court last month upheld the conviction of 5 accused persons, who were found guilty by trial court and sentenced to Life imprisonment in connection with the 2014 Kanpur's Jyoti Shyamdasani murder case. The persons convicted included the deceased's husband. The Court, however, acquitted the 6th accused, the alleged lover of the deceased's husband, who...
Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order dated August 30, 2024 passed...
Kerala High Court Weekly Round-Up: December 2 - 8, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 766 – 781]C. Alavi v The State of Kerala and Another, 2024 LiveLaw (Ker) 766T. N. Mukundan v State of Kerala and Others, 2024 LiveLaw (Ker) 767Motorsigns India v State of Kerala & Connected Matters, 2024 LiveLaw (Ker) 768Nizar v State of Kerala , 2024 LiveLaw (Ker) 769Aravindakshan P. R. v Assistant Director, ED and Another, 2024 LiveLaw...