Co-Opted Members Of Bar Council Cannot Be Considered As A Separate Class From Elected Members: Kerala HC

The Kerala High Court recently held that co-opted members of the Bar Council cannot be considered as a separate class from elected members.Justice C. S. Dias made this observation in a petition filed by 2 co-opted members of the Bar Council of Kerala (BCK) who challenged the decision of the Council to keep them away from its meeting after the Bar Council of India (BCI) extended the term of...

Witness Does Not Agree To Terms & Conditions Of A Document, Person Executing It Does: Allahabad High Court

While drawing a distinction between a witness to a document and a person who executes such document, the Allahabad High Court held that a witness does not agree to the terms and conditions of the document, whereas a person executing the same does.Respondent no.3 was allotted the property in question in an auction for retail outlet dealership. Petitioner filed a complaint against the...

Naxal Attacks Are Distinct From Ordinary Crimes, They Aim To Overthrow Democracy With Violent Means & Destabilise State: Chhattisgarh HC

In a significant ruling, the Chhattisgarh High Court has held that naxal attacks are politically and ideologically driven acts of insurgency that aim to destabilise the State and are different from ordinary crimes.Explaining the difference between naxal attacks and ordinary crimes, a Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, stated,"The attacks...

DNA Report Merely Proves Paternity, Can't Establish Absence Of Consent In Rape Case: Delhi High Court

The Delhi High Court has observed that a DNA report merely proves paternity and cannot establish absence of consent of a woman in a rape case. Discharging a man in a rape case, Justice Amit Mahajan said:“….the DNA report merely proves paternity—it does not and cannot, by itself, establish the absence of consent. It is trite law that the offence under Section 376 of the IPC hinges on...

Kerala High Court Stays Criminal Proceedings Against Divya Pharmacy, Baba Ramdev & Acharya Balkrishna Over Medical Ads

The Kerala High Court on Thursday stayed the proceedings against Divya Pharmacy, Baba Ramdev and Acharya Balkrishna in a criminal complaint filed under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 over the alleged publication of misleading medical advertisements.Justice VG Arun passed the interim order while issuing notice on a petition filed by them to quash a...

Driving In High Speed Insufficient To Conclude Driver Acted In Rash And Negligent Manner: Delhi High Court

The Delhi High Court has recently observed that driving in “high speed” does not automatically leads to a conclusion that the driver acted in “rash and negligent” manner. Justice Saurabh Banerjee discharged a man accused of driving his car in high speed and hitting two pedestrians who later died in the accident.The Court said that merely because the man was driving at a “high...

Gujarat HC Grants Bail To Man Accused Of Chopping Son's Body, Says Act Appears To Be Done Out Of 'Sheer Frustration Not Criminal Mindset'

The Gujarat High Court granted regular bail to the 64-year-old father accused of murdering his son, chopping his body parts and packing it in polythene bags noting that the father has been in custody since July 2022 and the alleged act prima facie appears to be out of “sheer frustration” rather than a criminal mindset. The Court observed the record indicated that the father “must have...

Delhi High Court Upholds Charges Against Club Owners Accused Of Serving Hookah, Liquor To Minors

The Delhi High Court has upheld framing of charges against two men, an owner and partner of two clubs, accused of serving hookah and liquor to minor children to boost their earnings.Justice Swarana Kanta Sharma observed that prima facie, in an attempt to conceal their illegal activities, the two men deliberately deleted the CCTV recordings to prevent the Delhi Police from uncovering their...

Delhi High Court Denies Bail To Man Accused Of Looting Weapon From State Armoury In Relation To Manipur Conflict

The Delhi High Court has denied bail to an accused under the UAPA in connection with the Manipur conflict between the Meitei and Kuki communities, for allegedly looting weapons from the State armoury.The accused/appellant, Moirangthem Anand Singh, is alleged to be an active member of People Liberation Army (PLA), a declared terrorist organisation under the UAPA. As per the prosecution's case,...

Courts Have Bounden Duty To Stand By Minor Victims Of Sexual Assault When Their Parents Don't: Delhi High Court

The Delhi High Court has recently observed that Courts have bounden duty to stand by minor victims of sexual assault and uphold their voice when their own parents fail to do so.“The legal system recognizes the rights of every child, and even in situations where their own parents fail to stand by them or support them, the Court has a bounden duty to uphold their voice, protect their rights,...

Directions For Refund Of Consideration With Interest Must Be Considered Based On Conduct Of Parties During Arbitral Proceedings: Calcutta HC

The Calcutta High Court has held that in arbitral proceedings, the direction for refund of the deposited consideration amount with interest has to be considered in the background of the conduct of the parties and their admissions during the proceedings.A division bench of Justices Soumen Sen and Biswaroop Chowdury held:The learned arbitrator rejected the claim for specific performance of...

Allahabad High Court Imposes ₹15 Lakh Cost On 'Unscrupulous' Tenant For Withholding Property For 45-Yrs Without Paying Rent

Last week, the Allahabad High Court imposed a cost of Rs. 15 lakhs on a tenant for withholding property and not paying rent for more that 45 years to the landlady who wanted the property back to start a factory for her newly graduated son.While dismissing the tenant's petition against appellate authority order directing release of property, Justice Pankaj Bhatia held,“In the present...