Order 6 Rule 17 CPC | Effect Of An Admission In Pleading Can't Be Diluted By Proposed Amendment At Appellate Stage: Jharkhand High Court

The Jharkhand High Court has held that an amendment to pleadings at the appellate stage cannot be allowed when the party seeking it fails to offer strong reasons for the delay and does not carry out the earlier permitted amendment during trial.Justice Sanjay Kumar Dwivedi, presiding over the case, observed that Order VI Rule 17 of the CPC confers a discretionary jurisdiction on the...

Ideal Hindu Wife Stays Rooted In Dharma Even If Deserted; Keeps Mangalsutra & Sindoor As Marriage Is Indelible Sacrament: MP High Court

MP High Court dismisses husband's divorce plea, praises wife who stayed with in-laws despite desertion while upholding symbols of marriage and treating marriage as a sacred Samskara, not a contract.

Does S. 482 BNSS Override State's Anticipatory Bail Restrictions U/S 438 CrPC? Uttarakhand High Court Refers Issue To Larger Bench

In a significant order, the Uttarakhand High Court recently referred to a larger Bench the question as to whether the provisions of Section 482 BNSS would prevail over the State amendment to Section 438 CrPC, which contains restrictions on grant of relief in serious offences, particularly in light of the more liberal approach adopted in the BNSS with respect to anticipatory bail. A...

Calcutta High Court Directs Redrawing Of WBJEE 2025 Merit List In Compliance With HC Orders On OBC Reservation

The Calcutta High Court has directed the West Bengal Joint Entrance Examinations Board to recast the merit list drawn up for the 2025 Joint Entrance Exams, to bring them in conformity with the pre-2010 percentage of OBC reservations, as had been ordered by the High Court in its May 2024 order. This came after the court observed that the Board had issued the merit list in the present case,...

'Baseless Findings': 13 Sitting Allahabad HC Judges Urge CJ To Convene Full Court Against SC Order Stripping HC Judge Of Criminal Roster

In a strong and unprecedented move, at least 13 judges of the Allahabad High Court have written to the Chief Justice of the HC urging him to convene a Full Court to consider not giving effect to certain directions issued by the Supreme Court in its August 4 order taking away Justice Prashant Kumar's criminal roster until his retirement. The letter seeks consideration of the...

Delhi High Court Refuses To Stay Release Of 'Udaipur Files' Movie, Dismisses Accused's Plea For Interim Relief

The Delhi High Court on Thursday (August 7) refused to stay the release of “Udaipur Files: Kanhaiya Lal Tailor Murder" which is scheduled for release on Friday, i.e., August 8. The court rejected one of the accused in the case Mohammad Javed's plea for interim relief seeking stay on the release of the film. It however issued notice on the main petition against the order passed by the...

Punjab & Haryana High Court Calls For Union's Response On Plea Seeking Uniform Guidelines For Carrying 'Kirpan'

The Punjab and Haryana High Court has sought a response from the Union and State Governments on a Public Interest Litigation (PIL) seeking the formulation of uniform guidelines governing the carrying of the 'Kirpan'—a short sword or knife with a curved blade, worn as one of the five distinguishing signs of the Sikh Khalsa.Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a...

O.XI R.5(4) CPC | Right To Cross Examine Is Indispensable, Adverse Inference For Non-Compliance With Orders Can Only Be Drawn At End Of Trial: Karnataka HC

The Karnataka High Court has said that the right to cross-examination, whether or not encoded in statute, emerges as a sine qua non of adjudication. It is not merely permissible, it is an indispensable right.Justice M Nagaprasanna held thus while upholding an order passed by the Commercial Court dismissing an application filed by the petitioner Sivagami N, seeking the trial court to draw...

Party Delays In Filing Written Statement, But Trial Court Unnecessarily Blamed For Delay In Disposal Of Case: Jharkhand High Court

The Jharkhand High Court has recently dismissed a petition filed under Article 227 of the Constitution, holding that a challenge to earlier orders passed in a civil title suit could not be revived through repeated petitions once those orders had attained finality.The Court said in its Order that the petitioners had themselves invited the situation by failing to appear and file their...

[S.22 BNS] “Erratic Behaviour, Classic Signs Of Psychotic Disorder”: Chattisgarh HC Overturns Murder Conviction Over Accused's Unsound Mind

The Chhattisgarh High Court has used grounds of insanity to overturn a conviction of a 25 year old man (appellant) who murdered his father and grandmother after stating “I am Hanumanji, Bajrang Bali, Durga.”The appellant was convicted under Section 302 (punishment for murder) and Section 323 (punishment for voluntarily causing grievous hurt) of IPC and sentenced to undergo life...

Rejection Of Claims By Writ Court Over Disputed Issues Does Not Bar Reference To Arbitration: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that when the claims of the petitioner are not adjudicated by writ courts and subsequently by the Supreme Court in a Special Leave Petition on the ground that they involve disputed questions of fact and law which are beyond the remit of the court, and the petitioner is directed to invoke the alternative remedy of...

NHAI Can't Force Public To Pay Toll If Highways Are Not Well-Maintained: Kerala High Court

The Kerala High Court recently observed that toll fees cannot be collected from the public when access to highway is hindered due to ill-maintained roads and consequent traffic congestion. It, therefore, suspended the toll collection in Paliyekkara Toll Plaza in Thrissur district for four weeks.The Division Bench of Justices A. Muhammed Mustaque and Harisankar V. Menon observed:"It is to...