High Courts
Kerala High Court Appoints Amicus Curiae To Formulate Guidelines For Functioning Of Expert Committee Examining Medical Negligence Cases
The Kerala High Court on Tuesday (19th June) appointed an Advocate Akash S. as Amicus curiae to assist the Court to formulate guidelines for the functioning of Expert Committees constituted to consider medical negligence cases.Expert Committees are constituted to give independent medical opinion in cases of medical negligence. The Supreme Court in Jacob Mathew v State of Punjab (2005) had...
MSC Elsa 3 Shipwreck | Kerala High Court Stays State's Negotiation With MSC Company, Cites Transparency Issues
The Kerala High Court on Thursday (19th June) stayed the negotiation process initiated by the State with the MSC Company over the loss caused due to the sinking and consequent cargo loss of MSC Elsa. The State has constituted a committee for negotiation to determine the compensation for damage caused due to collision, restoration of coastal life and marine environment, removal of wreck,...
Secondary Evidence Of Document Can't Be Accepted During Cross-Examination If Suppressed At Earlier Stages: Chhattisgarh High Court
The Chhattisgarh High Court has reiterated that secondary evidence in respect of a document can be accepted only if it is established that the original document is lost or destroyed or is being deliberately withheld by the party against whom such document is sought to be proved. It was also held that a trial Court cannot accept a secondary evidence at the instance of a party during...
Award-Holder Can't Be Denied Withdrawal Of Amount Deposited Pursuant To Stay Merely Because Award Debtor May Succeed In Appeal: Telangana HC
The Telangana High Court bench of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Raohas has held that the award holder can be allowed to withdraw the amount deposited by the award debtor in pursuance of stay on the execution of the award. The award holder cannot be prohibited from withdrawing the amount only on the ground that the award debtor may succeed in the...
When Can An Order Passed U/S 47 CPC Be Treated As A Decree? Rajasthan High Court Explains
The Rajasthan High Court has observed that orders passed by courts under Section 47 of the CPC read with Order XXI Rules 58, 97, and 99 of the CPC, would be treated as decrees and are appealable under Section 96 CPC. Section 47 CPC relates to questions to be determined by the Court executing decree. Order XXI Rule 58 relates to the adjudication of claims or objections tothe attachment...
Karnataka High Court Suggests State To Bring Regulations To Monitor Sewage Treatment Plants, Curb Manual Scavenging
The Karnataka High Court on Thursday orally observed that the State Government should urgently consider bringing in regulations to monitor Sewage Treatment Plants (STP) installed in public and private properties, where most deaths have occurred due to manual scavenging, in the past few years.Acting Chief Justice V M Kameshwar Rao and Justice C M Joshi said, “Is there any statutory...
Rajasthan High Court Rejects Bail Application Of Man Accused Of Creating Dummy Firms To Evade ₹704 Crore In GST Payments
Rajasthan High Court denied bail to Ankit Bansal, accused in a Rs. 704 Crore GST evasion scam, on account of his concealment of past criminal antecedents, attempt to abscond from custody using his influence and power, and the magnitude of the siphoned amount.The bench of Justice Anand Sharma rejected the argument of parity on account of the co-accused Mr. Rajesh Goyal being released on...
Does Payment For Transponder Services Constitute 'Royalty' U/S 9(1)(vi) Of Income Tax Act? Bombay High Court Asks CIT To Decide
The Bombay High Court has asked the Commissioner of Income Tax to decide whether payment for transponder services constitutes 'royalty' under Section 9(1)(Vi) of Income Tax Act. The Division Bench of Justices M.S. Sonak and Jitendra Jain observed that “the authorities have held the payment to constitute 'royalty' under the domestic law as well as under the Treaty, but by holding...
Calcutta High Court Seeks Report On 'Cataract Eye-Surgery' At Govt Hospital Which Led To Alleged Loss Of Vision
The Calcutta High Court has sought a report from the State government on a cataract eye-surgery at the State General Hospital, which allegedly led to the patient complaining of a loss of vision in their eyes.Justice Amrita Sinha directed: "Learned Additional Government Pleader representing the State is directed to obtain necessary instruction and file a report before this court in respect of...
Merely Mentioning Wrong Sub-Section In Chargesheet Doesn't Render Entire Investigation Illegal: Orissa High Court
The Orissa High Court has held that merely mentioning a wrong sub-section in the charge-sheet will not render an entire investigation a nullity/illegal. While deciding the effect of such trivial error on the criminal proceedings, Justice Savitri Ratho held –“In view of Section 193(9) of the BNSS, merely because a wrong sub section has been mentioned in the charge sheet i.e. Subsection...
BJP's Suvendu Adhikari Moves Calcutta High Court Challenging Notification Prohibiting Entry Of Central Security Forces Into WB Assembly
West Bengal Leader of Opposition Suvendu Adhikari and the Chief Whip of the BJP have moved the Calcutta High Court challenging a notification issued by the Speaker of the State Legislative Assembly prohibiting the entry of Central Security Forces into the premises of the Assembly over certain incidents which had occurred on the porch of the assembly.Reportedly, on 6th May, when...
Rajasthan Minor Minerals Rules | Rajasthan High Court Upholds Constitutional Validity Of Penalty Imposed For Extension Of LOI Under Rule 16(2)
Upholding the constitutional validity of the Proviso 3 to Rule 16(2) (“the Provision”) of the Rajasthan Minor Mineral Concession Rules, 2017 (“2017 Rules”) Rajasthan High Court ruled that once the rule was held to be constitutionally and statutorily valid, any action by the State in furtherance thereof could not be faulted merely on grounds of hardship or inconvenience.The...