High Courts
Plea Of 'No Fault' Or 'Negligence Of Victim' Not Available To Railway Administration: Punjab & Haryana High Court
The Punjab & Haryana High Court awarded a compensation of Rs.4 lakh along with interest @ 9% per annum to a passenger who received injuries due to sudden jolt of a train in 2013, observing that the liability of the "Railway Administration is based on the 'principle of strict liability'."Justice Pankaj Jain said, "Plea of 'no fault of railways' or 'negligence of the victim' is not available...
Ensure Jan Aushadhi Kendras Are Opened Inside Each Hospital Within Four Weeks: High Court To Delhi Govt
The Delhi High Court has recently directed the Delhi Government to ensure that Jan Aushadhi Kendras are opened inside each hospital in the national capital within four weeks.A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora observed that the convenience of having a Jan Aushadhi Kendra in each hospital for the patients and their caregivers requires no...
'Adequate Steps Taken For The Present': High Court Closes PIL To Probe Student Suicides At NLU Delhi
The Delhi High Court has recently closed a public interest litigation petition seeking constitution of an independent inquiry committee comprising of experts to investigate the causes behind student suicides at National Law University (NLU) Delhi.While disposing of the PIL, a division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur said that "adequate steps" have been taken...
Sewage Treatment Plants Not Functioning Well, Releasing Raw Sewage In Yamuna: Delhi High Court
The Delhi High Court has recently observed its prima facie view that the Sewage Treatment Plants (STPs) in the national capital are not functioning as per required norms and are releasing raw sewage in Yamuna river. A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora suggested that tamper proof meters must be installed to record operational timings of STPs as...
Asset Deposited By Corporate Debtor As Security Before CIRP Commencement Continues To Be Asset Of Corporate Debtor: Bombay High Court
The Bombay High Court bench of Justices B.P. Colabawalla and Somasekhar Sundaresan has held that monies or any other asset deposited by a corporate debtor in court prior to commencement of CIRP by way of security would continue to be the asset of the corporate debtor.Brief Facts:The Appellant (Corporate Debtor) was directed to pay Rs. 12 lakh as damages along with interest at the rate of 24%...
Religious/Customary Marriage Has 'Colour Of Legal Marriage', Woman Can Seek Protection Against Cruelty U/S 498A IPC: Kerala High Court
The Kerala High Court has held that a woman can seek protection against matrimonial cruelty under Section 498A of the Indian Penal Code when there is either "religious or customary" marriage between the parties which has the "colour of legal marriage", even if such marriage was later found to be invalid under law.In the facts of the case, the husband and in-laws, accused of committing...
Taxpayers Can't Seek Writ Remedy By Bypassing Statutory Requirements Of Pre-Deposit: Bombay High Court
The Bombay High Court held that circumstances in which the appeals require some percentage of the demanded tax to be pre-deposited, do not render the appellate remedies any less efficacious.The High Court held so while considering an issue as to whether the demands are covered under the exemption notification or the notification providing for nil rate of taxes. The Division Bench of Justice M...
Delhi High Court Closes PIL To Adopt Integrated Treatment System Under Allopathy, Ayurveda, Homeopathy, Etc
The Delhi High Court on Tuesday disposed of a public interest litigation filed by Advocate Ashwini Upadhyay, seeking adoption of “Indian holistic integrated medicinal system" in India.It was Upadhyay's case that rather than segregated way of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy in order to secure medical treatment, medical education and consequently...
Lawrence Bishnoi Interview Row | 'Lower Rank Officers Shouldn't Be Scapegoated': Punjab & Haryana HC Seeks Action Against Delinquent Officials
The Punjab & Haryana High Court today asked the Punjab Government to take strict action against the delinquent officer of Punjab Police who helped the jailed gangster Lawrence Bishnoi in giving the TV interview from police custody in Kharar's Crime Intelligence Agency (CIA), which tends to glorify crime.The bench of Justice Anupinder Singh Grewal and Justice Lapita Banerji orally asked...
Parties In Appeal Not Entitled To Produce Additional Evidence As A Matter Of Right, Only Permitted In Exceptional Circumstances: Gujarat HC
The Gujarat High Court recently observed that in appeal, additional evidence cannot be produced as a matter of right but only in exceptional circumstances, such as when evidence was wrongly excluded by the civil court or was genuinely unavailable to be produced despite due diligence. In doing so, the court emphasized that inadvertence of the party or his inability to understand the legal...
Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC
The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan affirmed that when the arbitration clause is found to be foul with the amended section 12(5) of the Arbitration Act, the appointment of the arbitrator would be beyond the pale of the arbitration agreement. In such eventuality, the court can be approached under section 14 of the Arbitration Act for...
Sabarimala Darshan: Kerala High Court Reinforces Ban On Modifications And Distraction On Vehicles Carrying Pilgrims
Following accidents of two vehicles carrying pilgrims on the Sabarimala route, the Kerala High Court has directed the Police and Motor Vehicle Department to ensure that the vehicles carrying Sabarimala pilgrimage strictly comply with its direction prohibiting modifications and unauthorized fittings in vehicles.On November 17, a KSRTC bus deployed in the Nilakkal Pampa chain service caught...