High Courts
Mere Allegation Of Being Involved In “Day-To-Day Activities” Of Company Insufficient To Attract Liability U/S 138 NI Act: Delhi High Court
The Delhi High Court has held that a mere allegation that a person was involved in the “day-to-day business activities” of a company is not sufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act (NI Act) in cheque dishonour cases.Justice Dr. Swarana Kanta Sharma made the observation while quashing criminal proceedings initiated against a man who had...
Mutation Attested In Violation Of Agrarian Reforms Act Procedure Can Be Examined In Revision: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that where mutation proceedings under the Agrarian Reforms Act are conducted in violation of the statutory procedure governing their attestation, the revisional authority is competent to exercise jurisdiction and examine the legality of such mutations. The Court added that attestation of mutations contrary to the prescribed...
Senior Advocate Kirti Uppal Raises Concerns Over Arvind Kejriwal's Letter Seeking Transfer Of Excise Policy Case From Sitting Judge
Senior Advocate Kirti Uppal has written to the Chief Justice of the Delhi High Court raising serious concern over a recent letter written by AAP chief Arvind Kejriwal seeking transfer of CBI's excise policy case from Justice Swarana Kanta Sharma to another bench.Uppal has termed the move as an attempt to undermine the independence of the judiciary by publicly imputing bias to a sitting judge...
Patna High Court Seeks State's Response On Permitting Settlement Of Traffic Challans In Lok Adalats
The Patna High Court has asked the State of Bihar to respond on whether traffic challan matters can be taken up for settlement in Lok Adalats.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Alok Kumar Sinha was hearing a writ petition seeking directions to the authorities to issue clear instructions regarding the hearing and settlement of compounding cases relating...
'Mere Delay In Trial Cannot Be Used As Grounds For Bail': Jharkhand High Court Refuses Bail To UAPA Accused
The Jharkhand High Court recently refused to grant bail to an accused booked under the Unlawful Activities (Prevention) Act, 1967, observing that mere delay in trial or prolonged custody cannot by itself be a ground for granting bail.A Division Bench of Justice Sujit Narayan Prasad and Justice Gautam Kumar Choudhary was hearing an appeal filed under Section 21(1) of the National...
'Can ED Add Predicate Offences From Different FIRs Through Addendums In ECIR?' Karnataka HC Asks In Money Laundering Case
The Karnataka High Court heard detailed submissions challenging the Enforcement Directorate's (ED) action of adding predicate offences through addendums to an Enforcement Case Information Report (ECIR). The said ECIR is a part of the money laundering investigation against 'Puppys Tours & Travels” and other connected parties.The single judge bench of Justice M. Nagaprasanna was hearing...
Failure To Examine Forensic Experts Whose Reports Are Relied Upon Vitiates Trial: Bombay High Court
The Bombay High Court has held that failure to summon and examine forensic experts whose reports are relied upon by the trial court vitiates the trial and constitutes a failure of justice. The Court observed that the whole purpose of the trial is to ascertain the truth of the matter and all steps in the direction of unearthing the truth ought to be taken by the Court, even if the prosecution...
'Will Blanket Ban On Meetings Not Infringe Article 19?': Delhi High Court Issues Notice To DU, Delhi Police On Campus Protest Prohibition
The Delhi High Court on Thursday (March 12) issued notice on a petition challenging orders imposing ban on public meetings inside Delhi University.For context, on February 17, the proctor of the University had issued orders prohibiting for one month, public meetings, processions, demonstrations and protests of any kind on the University campus. During the hearing today a division bench of...
Application For Compassionate Appointment & Acquisition Of Eligibility Must Be Within One Year Of Employee's Death Under J&K Rules: High Court
The High Court of Jammu & Kashmir and Ladakh has reiterated that claims for compassionate appointment are governed strictly by the time limits prescribed under the Jammu and Kashmir (Compassionate Appointment) Rules, 1994, and cannot be entertained when the statutory period has long expired.The Court observed that under Rule 3 of the Jammu and Kashmir (Compassionate Appointment) Rules,...
Municipal Authority Cannot Ignore Subsisting Civil Court Decree Merely Because Appeal Is Pending: Bombay High Court
The Bombay High Court has held that a municipal authority cannot refuse to grant a No Objection Certificate (NOC) by disregarding a subsisting civil court decree merely on the ground that an appeal against the decree is pending. The Court observed that under Order XLI Rule 5 of the Code of Civil Procedure, filing of an appeal does not automatically operate as a stay of the decree, and unless...
After Advocates' Association Request, Kerala High Court Drops Proposal To Reopen 'Media Room' In Its Premises
The Kerala High Court has decided to drop the proposal to reopen the Media Room inside the Court for media briefings after the Kerala High Court Advocates' Association (KHCAA) unanimously decided in its General Body meeting to request not to proceed with the same.The decision to close down the Media Room was taken following several incidents of physical altercations between lawyers and...
Can't Presume Husband & Wife Are Always Together, Last Seen Theory Must Be Proved: Madras HC Acquits Wife Convicted Of Husband's Murder
The Madras High Court recently acquitted a woman convicted of the murder of her husband. The bench of Justice Anand Venkatesh and Justice P Dhanabal noted that the woman was convicted purely on circumstantial evidence. The court noted that while convicting the wife, the trial court had noted that she had not discharged the burden to prove that she was not inside the house when the...