High Courts
Unstamped Agreement Cannot Be Basis For Granting Temporary Injunction Even If Its Execution Is Accepted By Defendant: Bombay High Court
The Bombay High Court has held that an agreement which is unstamped and unregistered cannot be relied upon to grant interim injunctions, even if its execution is admitted by the defendant, as such a document is inadmissible in law until duly stamped and impounded under the provisions of the Indian Stamp Act.Justice S.G. Chapalgaonkar was hearing a writ petition challenging the concurrent...
Karnataka High Court Recommends Amendments To Avoid Third Party Insurance Cover For Accidents Due To Drunken Driving
The Karnataka High Court has urged the Central and State governments to consider bringing amendments to the Motor Vehicle Act 1988 so as to absolve the liability of an insurer in drunken driving cases.As per Section 149 MV Act, insurer can avoid liability only in the circumstances specified in sub-section (2). Drunk driving is not a ground to avoid liability thereunder.Stating that...
"Is There Any Rule Against Films On Constitutional Figures?": Bombay High Court Asks CBFC To Watch 'AJEY', Decide On Its Release
The Bombay High Court has directed the Central Board of Film Certification to watch the film 'AJEY' based on a book written on the life of UP Chief Minister Yogi Adityanath and take a reasoned decision on its release.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale were irked to note that despite making a statement on July 17 that it will take a decision as per norms on...
Purpose Of Allowing Furlough Is For Social Integration, Mere Overstay Doesn't Justify Continued Denial Of Leave: Bombay High Court
The Bombay High Court has held that mere past instances of overstay during furlough, particularly if they occurred over a decade ago, cannot by themselves justify the continued denial of furlough leave, especially when the convict has not been released since. It reiterated that such denial defeats the very objective of reformation and social reintegration underlying the concept of...
Centre Withdraws Order For Cuts In Udaipur Files Film After Delhi High Court Queries, Will Decide On Certification Afresh
After the Delhi High Court on Friday (August 1) questioned the Centre's power in exercise of which it ordered six cuts to the film 'Udaipur Files:Kanhaiya Lal Tailor Murder', it acceded to withdraw the cuts and undertook to decide on the film certification by Wednesday, i.e. August 06.The film was set to hit the theaters on 11th June. In view of the row over its certification, the producers...
Writ Petition Is Maintainable Despite Remedy Under IBC, If NCLT Order Is Passed In Violation Of Natural Justice: Kerala High Court
The present writ petition was filed seeking the quashing of an order passed by the NCLT, Kochi Bench. By that impugned order, the adjudicating authority has directed the resolution professional to reject the claim filed by the home buyers, including the petitioner. The corporate debtor, who is the builder and the landowner, entered into an agreement to construct the building named...
Kerala High Court Rejects Son's Plea Against Maintaining 100 Yrs Old Mother, Says Presence Of Other Children Not A Defence
The Kerala High Court recently held that presence of other children is not a valid defence against a mother's plea seeking maintenance from her son.Justice P.V. Kunhikrishnan dismissed a revision petition filed by the son challenging maintenance of Rs. 2000 granted by the Family Court to the 100-year-old mother.It refused to accept the argument of the petitioner that the mother (respondent 1)...
Delhi High Court To Hear UK-Based Arms Consultant Sanjay Bhandari's Plea Against 'Fugitive Economic Offender' Tag On August 08
The Delhi High Court on Friday listed for hearing on August 08 the plea filed by UK-based arms consultant Sanjay Bhandari challenging a trial court order declaring him as a “fugitive economic offender”.Justice Neena Bansal Krishna heard arguments on Bhandari's application seeking stay of the trial court order passed on July 05. As the Court was about to reserve its order on Bhandari's...
Kerala High Court Seeks Environment Ministry's Stand On Feasibility Of Ropeway To Sabarimala Through Periyar Tiger Reserve
The Kerala High Court on Friday (August 1) asked the Ministry of Environment, Forest and Climate Change (MoEFCC) to clarify its stand regarding the proposed ropeway from Hilltop to Sannidhanam (Sabarimala) via Pamba, Neelimala, Charalmedu and Marakoottam.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition regarding the...
Discharge Of Public Servant Accused Of Corruption Due To Invalid Sanction Doesn't Bar Second Trial After Obtaining Sanction: Bombay High Court
The Bombay High Court has held that where prosecution against a public servant for corruption is initiated without valid sanction from the competent authority, the entire trial stands vitiated; however, a fresh trial is not barred if a valid sanction is subsequently obtained. The Court highlighted that discharge in such a manner will send a wrong signal to society.Justice Urmila Joshi Phalke...
Name Or Symbol Of Political Party, Photo Of Former CMs Can't Be Used To Advertise Govt Welfare Schemes: Madras High Court Interim Order
The Madras High Court has made it clear that while launching and operating a government welfare scheme, the advertisements should not contain the name of any living personality, photograph of any former Chief Minister/ideological leader or party insignia, emblem, or flag of the party. “Therefore, we are inclined to pass an interim order to the effect that while launching...