Karnataka High Court Issues Directions On Using Technology To Resolve Title Disputes, Protect Forests; Forms Panel To Oversee Implementation

The Karnataka High Court passed a slew of directions to incorporate use of modern technology to resolve complex title disputes and protect forest areas from illegal conversion, including formation of a high level committee of various State departments' officials to oversee the implementation of its directions. Justice Suraj Govindaraj passed the order while considering a land dispute case...

Bombay High Court Judges To Watch Film 'Ajey' Before Deciding Maker's Plea Against Rejection Of Certification

Observing that the Central Board of Film Certification (CBFC) failed to follow the principles of natural justice, the Bombay High Court on Thursday said it will watch the film titled "Ajey: The Untold Story of a Yogi" and then decide the plea filed by the film's makers to certify the film for public exhibition. The film is inspired from the book 'The Monk Who Became Chief Minister' which...

J&K&L High Court Issues Notice On PIL Alleging Sale Of Rotten, Unhygienic Meat In Kashmir; Negligence Of Civic Authorities

The High Court of Jammu & Kashmir and Ladakh on Tuesday issued notice on a public interest litigation (PIL) filed by Advocate Mir Umar, highlighting the unchecked sale of rotten, unhygienic and unsafe meat and poultry products in the Union Territory and alleging gross negligence of authorities in enforcing food safety and municipal laws.The PIL, titled against various departments,...

Witness Can't Be Recalled In POCSO Cases Without Cogent Or Justifiable Reason: Delhi High Court

The Delhi High Court has observed that a witness in a POCSO case cannot be recalled if the application does not disclose any cogent or justifiable reason. “Recalling a witness, especially in cases under the POCSO Act which are required to be tried expeditiously, cannot be permitted to be delayed by filing applications which disclose no cogent or justifiable reason for recalling...

Dept Proceedings Against Retired Govt Employee Permissible To Determine Loss To Exchequer, Not To Impose Penalty: J&K&L High Court

The Jammu & Kashmir High Court clarified that the Government can continue departmental proceedings against a retired employee, but only for the limited purpose of assessing losses caused to the State exchequer due to negligence or fraudulent acts, and not for imposing penalties under service rules.A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem set aside the order of...

S.12(1)(b) HMA | Mental Illness Of Spouse To Be Proved By Doctor, Mere Prescriptions Insufficient To Seek Annulment: Chhattisgarh High Court

The Chhattisgarh High Court has held that for seeking annulment of marriage under Section 12(1)(b) Hindu Marriage Act on the ground of mental illness/disorder of spouse, sufficient evidence has to be led in the form of medical experts' testimony and reports of clinical diagnosis if any.It thus said that mere filing of medical prescriptions is insufficient for proving mental illness of...

Order 41 Rule 27 CPC | Additional Evidence Plea Filed During Pendency Of Appeal To Be Heard During Final Hearing: Rajasthan High Court

In the background of conflicting orders of Supreme Court, Rajasthan High Court held that an application under Order 41 Rule 27 CPC for taking additional evidence on record at an appellate stage, even if filed during the pendency of appeal had to be heard at the time of final hearing of appeal.Justice Anoop Kumar Dhand was hearing a petition filed against an order of Appellate Rent Tribunal ...

Advocates Bound By Client's Instructions, But Have No Duty To Verify Truthfulness Of Claims: Delhi High Court

The Delhi High Court has observed that while the advocates are bound by the instructions of their clients, they do not have the duty to verify the truthfulness of the same as it has to be decided by the concerned Courts.“We may also record that an Advocate is bound by the instructions given to him by his client and it does not form part of his duty to verify the truthfulness or veracity of...

Govt Cannot Indefinitely Postpone Panchayat Elections, Contrary To Article 243-E Of Constitution: Rajasthan High Court

The Rajasthan High Court held that removing formal Sarpanch(s) who were allowed to hold the post of Administrators till next elections even after expiry of more than 6 months of dissolution of their respective panchayats, without following the procedure established by law for holding fresh Panchayat elections, was a glaring example of violation of a constitutional mandate.The bench of...

Kerala High Court Allows Owners Of MSC Elsa 3 Ship To Make Newspaper Publication To Limit Liability Of Maritime Claims In Admiralty Suit

The Kerala High Court on Thursday (August 21) allowed the owners of capsized MSC Elsa 3 ship to take out paper publication in the admiralty suit filed by them for limiting the liability for maritime claims arising from the losses caused due to the sinkage of the ship. The suit was filed by the plaintiffs before the High Court under Part XA of the Merchant Shipping Act, 1958 which provides...

Respondent Being An MLA Does Not Mean That Trial Will Be Unfair: Madras High Court Refuses To Transfer S.138 NI Act Trial

The Madras High Court recently refused to transfer a trial in connection with a case under Section 138 of the Negotiable Instruments Act. The court said that merely because the respondent was an MLA, it could not be said that the trial would be unjust and that by itself would not be a reason to transfer the trial. “In the present case, there is no order passed by the learned...

Calcutta HC Orders Exhumation & Second Post-Mortem Of Woman's Body Who Died In Matrimonial Home Over Allegations Of Foul Play, Irregular Probe

The Calcutta High Court has ordered a second post-mortem after exhumation of the body of a young woman who died in her matrimonial home, after allegations of foul play and irregularities in the police investigation and inquest had been raised by her family.Justice Tirthankar Ghosh allowed the prayers of the petitioners and directed that the body be exhumed and a second post-mortem be conducted...