Delay In FIR Not Fatal In Motor Accident Claims As Families First Rush Victims To Hospital: Calcutta High Court

The Calcutta High Court has observed that delay in lodging an FIR in motor accident cases cannot be treated as fatal, noting that in Indian society the immediate priority of family members is to rush the injured to hospital rather than approach the police.Justice Biswaroop Chowdhury made the observation while partly allowing an appeal filed by National Insurance Company Limited against...

Child Witness Who Saw Father Kill Mother Through Window Reliable: Calcutta High Court Upholds Life Sentence

The Calcutta High Court has upheld the life imprisonment of a man convicted for murdering his pregnant wife, holding that the testimony of their minor son, who witnessed the crime, was trustworthy and remained unimpeached in cross-examination.A division bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay dismissed the appeal filed by the accused and affirmed his conviction...

'Medical Service Is Essential': Kerala High Court Directs State To Provide Uninterrupted Medical Services Amid Doctors' Strike

The Kerala High Court recently closed the public interest litigation seeking a direction to the State to ensure uninterrupted functioning of Out-Patient Departments (OPD) and all essential medical services in Government Medical Colleges in view of the indefinite boycott by the Kerala Government Medical College Teachers' Association (KGMCTA), initiated on February 16.The Division Bench of...

[Maharashtra Ownership Flats Act] Pendency Of Civil Suit On Construction Irregularities Not A Bar To Deemed Conveyance: Bombay High Court

The Bombay High Court has held that pendency of a civil suit concerning alleged construction irregularities or inter se disputes between promoters does not bar the grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963. The Court observed that an order of deemed conveyance does not finally adjudicate title and that civil disputes regarding FSI utilisation...

Unreasoned Medical Board Opinion Can't Be Basis To Deny Disability Pension To Persons In Military Service: Kerala High Court

The Kerala High Court has reaffirmed that a reasoned opinion by a Medical Board is indispensable in denying disability pension to armed forces personnel.The division bench comprising Justice K Natarajan and Justice Johnson John were delivering the judgment in a writ petition filed by the Union of India challenging an order of the Armed Forces Tribunal. The respondent was enrolled in the...

After NEET-PG Cut-Off Reduction, Telangana HC Allows In-Service Doctors To Exercise Web Options In Mop-Up Counselling For Stray Vacancies

The Telangana High Court has held that in-service doctors who became eligible for admission to Post Graduate Medical Degree Courses after reduction of the NEET-PG percentile should be permitted to exercise web options in the mop-up counselling for stray vacancies, if such counselling is reopened by the University.A Division Bench comprising Chief Justice Apresh Kumar Singh and Justice...

Voluntary Transfer Causes Loss Of Seniority, Not Past Service For Promotion Eligibility: Calcutta High Court

The Calcutta High Court has held that a member of the Railway Protection Force who seeks transfer on request or through mutual exchange loses seniority at the transferred place, but such transfer does not wipe out the employee's past service for determining eligibility for promotion.A Division Bench comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas dismissed an intra-court...

Weak Conspiracy Evidence, Coerced Witness: Why Punjab & Haryana High Court Acquitted Gurmeet Ram Rahim In Journalist Murder Case

The Punjab and Haryana High Court has acquitted Gurmeet Ram Rahim Singh in the murder case of journalist Ram Chander Chhatrapati, holding that the the Central Bureau of Investigation (CBI) coerced a witness into giving a statement implicating Gurmeet Ram Rahim Singh.The Court upheld the conviction and life sentence of the other three accused — Kuldeep, Nirmal, and Krishan Lal. The...

Ombudsman For Local Self Government Institutions Can't Entertain Complaints Against Village Officer: Kerala High Court

The Kerala High Court recently held that a complaint against a Village Officer cannot be entertained before the Ombudsman for Local Self Government Institutions.Justice P.V. Kunhikrishnan was considering a plea preferred by a Village Officer aggrieved by the proceedings pending against him before the Ombudsman that was initiated on the basis of a complaint.The Court referred to the definitions...

[Maharashtra Ownership Flats Act] Private Agreements Cannot Override Statutory Duty To Grant Deemed Conveyance: Bombay High Court

The Bombay High Court has held that internal agreements or contractual clauses between the promoter and flat purchasers cannot override the statutory mandate of granting deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963. The Court observed that once construction is completed in accordance with the sanctioned plan and the society is formed, the promoter's...

Once Prosecution Establishes Facts, Accused Must Explain Circumstances Within His Knowledge Or Face Adverse Inference: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that although the prosecution bears the primary burden of proving guilt, courts are entitled to draw an adverse inference under Section 106 of the Evidence Act where the accused fails to explain facts especially within his knowledge after the prosecution has established foundational circumstances.The Court made this observation...

Maintenance Should Not Be Excessive To Encourage Idleness: Gujarat High Court Reduces Enhanced Amount

The Gujarat High Court recently observed that while maintenance may be enhanced due to inflation and changed circumstances, the amount fixed must not be excessive in a manner that encourages idleness or becomes disproportionate to the husband's income and liabilities.Justice P. M. Raval held that the Family Court had doubled the maintenance amount without providing adequate reasons...