High Courts
Right To Seek Contract Rescission Accrues Upon Expiry Of Time In Decree, Not Upon Receiving Notice Of Subsequent Proceedings: Kerala High Court
The Kerala High Court has held that that right to seek rescission of a contract accrues upon the expiry of the time stipulated in the decree for deposit of balance consideration and not upon the receipt of notice of the subsequent proceedings.Justice P. Krishna Kumar, delivered the judgment in an original petition in a suit for specific performance of an agreement for sale of an...
Kerala High Court Accepts Apology By Editor Of Deepika Daily Over Misreported Order On Digital Survey, Directs Publication Of Correction
The Kerala High Court on Thursday (26 March) has accepted an apology from the Editor of Deepika Daily over the publication of an inaccurate news report that misrepresented a prior court order.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. were hearing a public interest litigation filed by lawyer and Congress politician Shaji J. Kodankandath.The Court has...
Punjab & Haryana High Court Denies Bail To Persons Accused Of Human Trafficking Via 'Dunki Route'
The Punjab and Haryana High Court has held that persons accused of operating an organised human trafficking racket facilitating illegal migration through the “Dunki Route” are not entitled to the benefit of regular bail, considering the gravity and international ramifications of the offence. The Court observed that such offences involve systematic exploitation, cross-border illegality,...
Delhi High Court Disposes PIL Against Judge-Led Mediation In Family Courts, Directs Petitioner To Approach Judges' Committee
The Delhi High Court has disposed of a public interest litigation (PIL) raising concerns over the practice of judges in Family Courts conducting in-chamber mediation and thereafter adjudicating the same disputes.A Division Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia directed the Petitioner to approach the appropriate Committee of Judges dealing with Family Court...
Habeas Plea In Child Custody Case Not Maintainable When Child Is With Natural Guardian, No Imminent Threat Is Shown: P&H High Court
The Punjab and Haryana High Court has held that a habeas corpus petition in a child custody dispute is not maintainable when the minor is in the custody of a natural guardian, and no imminent threat to the child is demonstrated. The Court observed that custody with a natural guardian cannot ordinarily be termed illegal to invoke writ jurisdiction, in the absence of exceptional...
CMO Bulk Messaging Issue: Kerala High Court To Hear Next Week Appeal Alleging Privacy Violation Of Govt Officials, Judges
The Kerala High Court on Thursday (March 26) said that it will hear next week an appeal challenging single judge's order dismissing a plea alleging privacy violation of government employees and judges by the Chief Minister's Office by sending bulk messages to their phone numbers. It was alleged by the appellants that these numbers were illegally accessed from SPARK [Service Pay...
Graphologist's Report Cannot Be Admitted As Evidence To Determine Testator's State Of Mind Without Stating It's Relevance: Bombay High Court
The Bombay High Court has held that a graphologist's report cannot be admitted as expert evidence to determine the testator's state of mind unless its relevance and scientific basis are demonstrated in terms of the Evidence Act. The Court observed that in the absence of showing that graphology is a recognised science capable of assisting the Court, such opinion cannot be treated as...
Authorised ₹36.50 Crores To Clear Victim Compensation Arrears, ₹12.26 Crores Towards Arrears In Mediator Fees: State Tells Kerala High Court
The Additional Chief Secretary of Kerala's Finance Department has filed an affidavit before the High Court stating that the department has authorised an amount of ₹36.50 Crores for clearing the arrears of victim compensation and ₹12.26 Crores towards settlement of arrears of mediator fees.Last week, the Court had remarked that it would pass orders to attach the Treasury accounts of the...
Injury Sustained While De-Boarding At Station Where Train Does Not Halt Is Not 'Self-Inflicted Injury': Bombay High Court Orders Compensation
A passenger trying to de-board a train at a station where the train does not halt and sustains an injury, the said injury cannot be termed as a 'self-inflicted injury' but would constitute an 'untoward incident' qualifying such a passenger to seek compensation under section 124A of the Railways Act, held the Bombay High Court on March 24.Single-judge Justice Jitendra Jain was hearing a plea...
Delhi High Court Quashes Proclamation Order, LOC Against Australian Citizen, Says No Effort Made To Serve Accused Abroad
The Delhi High Court has quashed a proclamation order declaring an Australian citizen as a “proclaimed person” along with the Look-Out Circular (LOC) issued against him, holding that no proper effort was made to serve him while he was residing abroad.Justice Swarana Kanta Sharma observed, “despite having knowledge of the petitioner‟s residence abroad, no effort was made by...
Illegal Termination Doesn't Automatically Warrant Reinstatement Or Back Wages: Delhi High Court
The Delhi High Court has made it clear that a finding of illegal termination does not automatically entitle a workman to reinstatement or back wages.Justice Shail Jain thus refused to grant reinstatement and back wages to workmen illegally terminated by a proprietorship firm, citing lapse of time particularly when several workmen had already reached the age of superannuation and had...
Kerala High Court Directs State To Operationalise Five New NDPS Courts Within 3 Months, Request Centre For Financial Assistance In A Week
The Kerala High Court recently directed the State government to operationalise five new NDPS Special Courts in the State within 3 months and to appoint permanent staff in these courts to ensure long-term accountability and institutional loyalty.The Division Bench of Chief Justice Soumen Sen and Justice C. Jayachandran, while considering a suo motu petition initiated to curb drug menace in...