Cheating Case Cannot Be Filed Against Party Bound By Valid Contract Over Performance-Related Dispute: Karnataka High Court

The Karnataka High Court has reiterated that criminal proceedings for cheating cannot be initiated against parties bound by a valid and subsisting contract.Justice Sachin Shankar Magadum held thus while allowing a petition filed by one Sailen Das, a Director in a private limited company. The court said, “The admitted position remains that the parties are bound by a valid and subsisting...

Delhi High Court Upholds Conviction Of Adoptive Parents For Cruelty, Sexual Assault On Minor; Says Police Failed To Examine Trafficking Angle

The Delhi High Court has upheld the conviction of adoptive parents of a minor girl of about six years over cruelty and sexually assaulting her, while citing the possibility of it being a case of child trafficking.Justice Swarana Kanta Sharma said that the biological parents of the child were not even attempted to be traced by the investigating officer, nor was any inquiry conducted as to how...

Rajasthan High Court Orders SITs To Probe 'Dummy' Schools Manipulating Attendance, Allowing Students To Skip Classes For NEET/JEE Coaching

The Rajasthan High Court came down heavily upon the schools permitting dummy candidates by manipulating attendance registers without actual presence of these students for regular studies in Class IX to XII, so that they can attend coaching centres for NEET and JEE preparations.Observing that menace of dummy schools is a blight on the education system Justice Anoop Kumar Dhand directed the...

AP High Court Rejects Appeals Filed Under Land Grabbing Act After Abolition Of Special Court, Says Govt Has No Power To Vest Jurisdiction In HC

The Andhra Pradesh High Court has dismissed a host of appeals which were either transferred or directly filed before it after abolition of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (1982 Act) by the State vide a Government Order of 2016.Noting that the vested right of appeal perishes when an appellate Court is abolished without constitution of an...

NH-544: Kerala High Court Hints At Resuming Toll Collection At Paliyekkara Toll Plaza

The Kerala High Court on Friday said it will consider allowing toll Collection at Paliyekkara Toll Plaza (Thrissur district) on NH-544 highway, from Monday onwards.The toll collection at the Plaza was suspended by an order dated August 6, following a 12-hour blockade purportedly due to ongoing construction projects sanctioned by the National Highways Authority of India. The decision was...

Information On SEBI's Internal Probe Into Alleged Insider Trading Exempted From Disclosure Under RTI Act: Delhi High Court

The Delhi High Court has held that information pertaining to internal investigation being conducted by the Securities and Exchange Board of India (SEBI) is exempt from disclosure under the Right to Information Act, 2005.A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela thus upheld a single bench order declining to interfere with Chief Public Information Officer's...

Delhi High Court Questions Patanjali's Appeal In Dabur Chyawanprash Ad Case, Warns Of Costs

Patanjali Ayurved has moved the Delhi High Court challenging a single judge order restraining it from running advertisements allegedly disparaging to Dabur's Chyavanprash product.The matter was heard today by a division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla. At the outset, the Court orally told Senior Advocate Jayant Mehta representing Patanjali that there was...

Calling Woman 'R***i' Attacks Her Character By Questioning Sexual Dignity, Amounts To Insulting Modesty: Delhi High Court

The Delhi High Court has ruled that calling a woman “r***i” attacks her character by questioning her sexual dignity and will amount to the offence of outraging her modesty. Justice Swarana Kanta Sharma said that the word in question, when directed towards a woman, is laden with sexual innuendo and directly imputes unchastity to her. The Court said that the word is not a "casual term of...

'Railway Strictly Liable For Death Of Passenger': Orissa High Court Grants ₹9.23 Lakh Compensation For Man's Death Due To Sudden Train Jolt

“Beneficial legislation must be given effect to in a manner that heals, not in a manner that harms,” the Orissa High Court recently remarked while directing the Railway Department to pay compensation to the kin of a deceased person who succumbed to the fatal injuries sustained during a train travel in the year 2006.Dr. Justice Sanjeeb Kumar Panigrahi criticised the railway department for...

'Society Needs To Be Protected': Calcutta High Court Imposes 40 Year Sentence On "Gurudev" Convicted Of Murder, Commutes Death Penalty

The Calcutta High Court has commuted the death sentence imposed on an alleged 'Gurudev' for the murder of two women over alleged monetary disputes, after the appellant-Gurudev and his wife had promised certain cures to the deceased and their family, in exchange for large sums of money.A division bench of Justices Debangu Basak and Md Shabbar Rashidi held:"Therefore, taking into consideration...

Accused Not Stating Self-Incriminatory Facts, Refusing To Confess Is Not Non-Cooperation: Delhi High Court

The Delhi High Court has observed that the act of an accused not responding to the questions asked by the investigating officer on dotted lines or refusing to make any confession cannot be termed as non-cooperation. Justice Arun Monga said that even the refusal by an accused to say anything incriminating against him cannot be called non-cooperation.The Court was dealing with a plea filed by...

"Can't Be Based On Whims": Delhi High Court To Centre Over Delay In Allotment Of Govt Bunglow To Arvind Kejriwal

The Delhi High Court on Thursday remarked that the allotment of residential accommodation cannot be based purely on whims of the authorities, as it heard a plea to allot residential accommodation to Arvind Kejriwal, in his capacity as the National Convenor of the Aam Aadmi Party (AAP).Justice Sachin Datta ordered the Joint Secretary of the Union Ministry of Housing and Urban Affairs as well...