High Courts
S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court
The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever.While ingeminating the principles of law governing discharge of accused under Section 239 of the Code of Criminal Procedure...
Kerala High Court Weekly Round-Up: March 10- March 16, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 166-180]Ajeesh @ Ajeeshkumar v State of Kerala, 2025 LiveLaw (Ker) 166Aanjaly Sandeep Shetty v. Additional Commissioner, 2025 LiveLaw (Ker) 167V. Subramanian v Union of India and Others, 2025 LiveLaw (Ker) 168K R Harikrishnan v SI of Police, 2025 LiveLaw (Ker) 169The Principal Commissioner of Income Tax v. Last Hour Ministry, 2025 LiveLaw...
'Avoid Ambiguity, Specify Essential Qualification': Allahabad HC Directs AMU To Ensure Clarity In Future Advertisements For Lecturer Posts
The Allahabad High Court has recently directed the Registrar of the Aligarh Muslim University (AMU) to be cautious and precise in its future advertisements for the posts of Lecturer, ensuring that no ambiguity surrounds the eligibility criteria. “…such ambiguity should be removed i.e. words shall be chosen carefully and instead of ambiguous words...
No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “It is...
Serious Allegations Of Fraud Constituting Criminal Offense Are Non-Arbitrable: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad held that the allegations of fraud which are extremely serious and potentially constitute a criminal offense are non-arbitrable. The court noted that the plea of fraud is of such a nature that it impacts the entire contract, including the arbitration agreement. Consequently, the court held that such a dispute is not arbitrable...
Delhi High Court Weekly Round-Up: March 10 To March 16, 2025
Citations 2025 LiveLaw (Del) 299 to 2025 LiveLaw (Del) 320NOMINAL INDEXRattan India Power Ltd. v. BHEL 2025 LiveLaw (Del) 299 Eureka Forbes Limited vs.Om Sai Enterprises & Ors 2025 LiveLaw (Del) 300 Puma SE vs. Mahesh Kumar 2025 LiveLaw (Del) 301 JSD Traders LLP v. Additional Commissioner, GST 2025 LiveLaw (Del) 302 Ramada International, Inc. vs. Clubramada Hotels And Resorts...
Withdrawal Of MSMED Council Application Does Not Preclude Arbitration U/S 11, Even Without Council's Response: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad held that withdrawal of an application before the MSMED Council does not bar a party from seeking the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, even in the absence of any corresponding response from the MSMED Council. Brief Facts: Respondent No. 2 and 3 approached...
Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice
The Jharkhand High Court directed the state tax authorities to follow due procedure while passing adjudication orders. The Division Bench of Chief Justice Ramachandra Rao and Justice Deepak Roshan stated that “despite directions issued by the Court, it appears that State Tax authorities are continuing to conduct adjudication proceedings in utter disregard to the mandatory provisions...
Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by the...
Look-Out Circular Is A Coercive Measure, Has Adverse Consequences: Andhra Pradesh HC Says Authorities Should Apply Mind Before Issuing LOCs
Justice Subba Reddy Satti of the Andhra Pradesh High Court has held that a Look-Out Circular (LOC) is a coercive measure that certainly has adverse civil consequences inasmuch as it makes “a person surrender and consequentially interferes with his right to personal liberty and free movement.”The Court further held that the issuing authority should apply its mind to the facts of each...
Bombay High Court Dismisses PIL Challenging Imposition Of Double Toll Fees On Non-FASTag Vehicles
The Bombay High Court recently dismissed a Public Interest Litigation (PIL) challenging circulars issued by the National Highways Authority of India, which mandates vehicles without 'FASTag' to pay double the toll fees.Noting that the introduction of FASTag was a policy decision aimed for providing efficient road travel, a division bench of Chief Justice Alok Aradhe and Justice Bharati...