High Courts
'Posses Smart Phone, Share Location With Police': Punjab & Haryana High Court While Granting Bail To Man Convicted For Dacoity With Murder
The Punjab and Haryana High Court while granting bail to a dacoity with murder convict has directed him to possess a smart mobile phone and share his location with the local police.A division bench of Justice Deepak Sibal and Justice Deepak Manchanda said, "it is directed that while on bail the applicant-appellant shall own and possess a smart mobile phone which shall be kept on at all times;...
Delhi High Court Issues Directions For Sale Of Used And Refurbished Hard Disk Drives
The Delhi High Court has recently issued a set of directions for the sale of used and refurbished hard disk drives (HDDs). As per the Court's ruling, the defendants will be permitted to sell the refurbished HDDs, provided they comply with the following:“(i) Packaging to identify the source of the product: Packaging in which the refurbished product is sold, will clearly indicate that the HDD...
Allahabad High Court Directs Haryana SHO To Make All-Out Efforts To Trace Missing 13-Year-Old Boy
The Allahabad High Court on Tuesday directed the Station House Officer, Chandni Bagh, Panipat, Haryana, to make all-out efforts to trace a missing 13-year-old boy who hails originally from UP's Bahraich district of the State. A bench of Justice Mohd. Faiz Alam Khan also sought a detailed report of all actions to find the missing child, including documentary evidence. A copy of the...
[Article 311] Holding Enquiry Before Dismissal Of Police Officer Can Be Dispensed When 'Not Reasonably Practicable': P&H HC Flags Violation Of Mandatory Provision
The Punjab & Haryana High Court has made it clear that it is mandatory for holding inquiry before dismissing a police officer in accordance with Article 311 of the constitution.As per Article 311, no person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under it, shall be dismissed or removed or reduced in rank...
Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court
The Jharkhand High Court has observed that, in a specific performance suit, the Courts cannot grant relief of refund of earnest money if it is not specifically prayed for. “Since the plaintiffs in the plaint in itself has not sought the alternate relief for refund of the earnest money or the further amount so paid, the Court cannot give direction for refund of the said amount to...
Can't Say Death Was Due To Negligent Trespass: Madras HC Orders Compensation For Family Of Man Who Was Hit By Train While Sitting On Railway Platform
The Madras High Court recently directed the railways to compensate the family of a man who was hit by a train while sitting on the railway platform and succumbed to injuries. Justice K Rajasekar observed that since the accident had taken place while the man was sitting on the railway platform, the burden was on the Railways to prove that the incident was not one within the definition...
Relief To Flat-Owners: Jharkhand High Court Rejects Appeal By Builder, Landowners Attempting To "Grab" Area Earmarked For Common Facilities
Holding that flat-owners are "entitled" to enjoy common facilities, the Jharkhand High Court has dismissed an appeal preferred by builder VKS Realty against quashing of new building plan which permitted construction over 46 kathas common area of Ratan Heights, a residential complex in Morabadi.The division bench of Acting Chief Justice S Chandrashekhar and Justice Arun Kumar Rai said the...
Does Demand Notice Sent Via 'Courier' Constitute A Valid Service In Cheque Dishonor Cases? Allahabad HC Answers
The Allahabad High Court has unequivocally ruled that a demand notice sent to the cheque drawer via courier service is valid in cheque bounce cases under the Negotiable Instruments (NI) Act. The court, however, made it clear that in cases of notice sent through courier, the presumption of service under Section 27 of the General Clauses Act cannot be invoked until an amendment is...
When Punishment For Offense Is Upto 3 Yrs, Cognizance Of Complaint Must Be Taken Within 3 Yrs Of Filing To Not Be Bad In Law: Karnataka High Court
The Karnataka High Court has acquitted an Editor/Publisher of a local magazine who was convicted on charges of defamation holding that cognizance of the offence was taken after 8 years of filing the complaint by the trial court.A single-judge bench of Justice S Rachaiah acquitted Ando Paul, who was convicted of offences under Sections 500, 501 and 502 of the Indian Penal Code. The bench relied...
[Hindu Marriage Act] Withdrawal Of Divorce Petition By Wife Does Not Abate Counterclaim Filed By Husband: Allahabad High Court
The Allahabad High Court has held that withdrawal of divorce petition filed by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 does not automatically abate the counterclaim filed by the husband as dismissal or discontinuance of a suit under Order VIII Rule 6D CPC includes withdrawal of suit as a suit is “dismissed as withdrawn”.The bench comprising of Justice Vivek...
Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property
The Allahabad High Court has imposed a cost of Rs. 50,000 on a party for trying to grab the land of a widow by filing false affidavit before various quasi-judicial authorities. The Court held that the petitioners had misused the process of law by intentionally defrauding the authorities.The Court relied on Kishore Samrite v. State of U.P. and others, where the Supreme Court held that...
Discharging Lawyer In Contempt Case, Delhi High Court Asks BCD To Assess If He Is Fit To Continue In Legal Profession
While discharging a lawyer who was suffering from “acute behavioural issues” in a suo moto criminal contempt case, the Delhi High Court has asked the Bar Council of Delhi to assess whether he is fit to continue in the legal profession.A division bench headed by Justice Suresh Kumar Kait noted the lawyer was getting frustrated for the reasons best known to him, had very poor vision and...