High Courts
Banks Can't Be Summoned As Accused For Defamation, Declaring Company 'Fraud' Not Defamatory: Delhi High Court
The Delhi High Court has held that banks cannot be summoned as an accused for defamation as they lack the state of mind or mens rea necessary to constitute the offence. Justice Neena Bansal Krishna said that the act of the banks in declaring a Company as fraud, in discharge of their banking activities and in good faith, does not constitute defamation. The Court was dealing with a batch of...
'Judge Expressing Strong Opinion In Hearing Doesn't Mean Prejudice': Madras High Court Judge Refuses To Recuse From Madras Race Club Case
Justice SM Subramaniam of the Madras High Court recently refused to recuse from a case initiated by the State of Tamil Nadu against the Madras Race Club. The Club had sought Justice Subramaniam's recusal citing his "adverse findings" in another case involving the Club.The judge said that if such requests were allowed, it would pave the way for forum shopping or bench hunting and would...
Constitutional Remedy Cannot Be Invoked By Litigant To Avoid Approaching Tribunal Under SARFAESI Act: Kerala High Court
The Kerala High Court has observed that a litigant cannot use the constitutional remedy of writ petitions as an alternative to avoid approaching the Tribunal under the SARFAESI Act, which would require the payment of fees.A Division Bench of the Kerala High Court comprising Justice Anil K. Narendran and Justice Muralee Krishna S was considering a writ petition challenging proceedings initiated...
Dismissal Of SLP Does Not Attract Doctrine Of Merger, Only Law Declared By SC Is Binding Under Article 141: J&K&L High Court
Clarifying the limits of the doctrine of merger, the Jammu and Kashmir and Ladakh High Court has held that even if an order dismissing a Special Leave Petition (SLP) is supported by reasons, the doctrine of merger would not be attracted. However, a bench of Justice Sanjeev Kumar also made it clear that the reasons stated by the Supreme Court while dismissing an SLP may attract Article 141 of...
Right Of Accused To Lead Defence Cannot Be Snatched Away Even If He Failed To Do So When Examined U/S 313 CrPC: HP High Court
The Himachal Pradesh High Court has held that an accused cannot be deprived of the right to lead defence evidence merely because he had earlier declined to do so when examined under Section 313 of the Code of Criminal Procedure.The Court remarked that the trial court cannot discuss the merits of a probable defence while deciding an application under Section 311 CrPC.Justice Virender...
PIL Filed In Delhi High Court Against CBFC Certification To 'The Taj Story'; Alleges Distortion Of Historical Facts, Communal Propaganda
A public interest litigation has been filed before the Delhi High Court against the certification given to “The Taj Story” film, slated to be released on October 31, citing fabrication of facts and propagation of a "communal propaganda.”The plea has been filed today by lawyer Shakeel Abbas. He has alleged that the movie's potential is to create a communal disturbance amongst...
Seizure Of ₹2 Crore, Gold Bar From Govt Officer's Home Can't Relate To Official Act; Sanction For Prosecution Not Needed: Rajasthan High Court
The Rajasthan High Court dismissed a public servant's plea booked in a corruption case who had challenged an order taking cognizance of offences under PMLA on the ground that no prior sanction was taken as per Section 218 BNSS.In doing so the court observed that there were over Rs 2 crore cash and a gold bar worth over Rs 60 Lakh seized from the petitioner's residence and the same cannot...
Kerala High Court Explains Concept Of 'Contradictions' Under Indian Evidence Act & Pre-Trap Verification In Corruption Cases
The Kerala High Court has recently clarified what constitutes a contradiction in law and under what circumstances an omission can be treated as a contradiction under the Evidence Act.Justice A Badharudeen was delivering a judgment in the corruption case of a former village office under the Prevention of Corruption Act, 1988.The case arose, when the appellant, a former Village Officer...
S.263 Income Tax Act Can Be Invoked When AO Fails To Address Core Issue In Assessment Order: Kerala High Court
The Kerala High Court held that Section 263 of the Income Tax Act, 1961, can be invoked where the Assessing Officer (AO) fails to address a core issue in the assessment order. The bench opined that the main issue does not appear to have been addressed by the assessing authority while issuing an order under Section 143(3) of the Act. Since the assessment order does not appear to...
Citing SC Observation, Kerala High Court Refrains From Hearing Anticipatory Bail Plea Filed Directly Without Approaching Sessions Court
The Kerala High Court has refused to entertain an anticipatory bail plea filed directly before it, without approaching the Sessions Court first.In doing so, Justice K Babu cited Supreme Court's observation in Mohammed Rasal C v. State of Kerala (2025), issuing notice to the Kerala High Court for "bypassing" the Sessions Court.The Top Court had held that though concurrent jurisdiction is...
Once Defendant Demonstrates Triable Issue, No Overly Burdensome Deposit Can Be Imposed For Granting Leave To Defend: Bombay High Court
The Bombay High Court has held that once a defendant establishes a triable issue in a summary suit, he is entitled to unconditional leave to defend, and the Court cannot impose an onerous or excessive condition such as directing the deposit of a substantial part of the claim amount.Justice Prafulla S. Khubalkar was hearing a petition filed challenging the order of the Civil Judge, which...
No Trees Are Being Cut Inside Bengaluru's Lalbagh For Construction Of Twin Tunnel Road: Karnataka Govt Tells High Court
The Karnataka Government informed the High Court on Tuesday (October 28) that no trees are being cut inside Bengaluru's Lalbagh Botanical Garden for construction of the proposed Twin Tunnel Road.On October 25 a division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha while hearing two public interest litigations filed by Dr Adikesavalu Ravindra and Prakash Belawadi had asked...