[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal (MACT), Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident.The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference being...

Develop Comprehensive Action Plan To Address Bomb Threats: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to develop a “comprehensive action plan” including a detailed Standard Operating Procedure (SOP) for addressing bomb threats and related emergencies in the national capital.Justice Sanjeev Narula directed that the SOP must clearly outline the roles and responsibilities of all stakeholders, including law enforcement agencies,...

Kerala High Court To Consider Validity Of 55-Yrs Upper Age Eligibility Criteria For Mediators

The Kerala High Court is set to consider whether a maximum age limit of 55 years could be stipulated as an essential eligibility condition for submitting applications for applying to the position of Mediators in the Mediation Centres of the Kerala State Mediation and Conciliation Centre.Justice V.G.Arun by relying upon the Apex Court decision in Tej Prakash Pathak and others v. Rajasthan...

Govt Office Is Public Property, Any Political Party Ransacking It Must Be Appropriately Charged: Calcutta High Court

The Calcutta High Court on Monday took strong objection to a plea highlighting the alleged ransacking of a panchayat office by workers of a certain political party.A single bench of Justice Tirthankar Ghosh remarked: "It's a government office. You must include PDPP (Prevention of Damage To Public Properties Act). People cannot just destroy public offices like this. Government office is a...

Delhi High Court Weekly Round-Up: November 11 To November 17, 2024

Citations 2024 LiveLaw (Del) 1219 to 2024 LiveLaw (Del) 1145NOMINAL INDEXPrashant Manchanda v. Union of India & Ors. 2024 LiveLaw (Del) 1219 Wikimedia Foundation v. ANI & Ors. 2024 LiveLaw (Del) 1220 Mankind Pharma Limited vs. Aquakind Land LLP & ors. 2024 LiveLaw (Del) 1221 Bharat Broadband Network Ltd v. Paramount Communications Ltd 2024 LiveLaw (Del) 1222 HR BUILDERS...

Plea In Calcutta High Court Seeks Recusal Of Jugdes From Hearing Contempt Matter Over Allegedly 'Prejudicial Remarks'

A plea has been moved before the Calcutta High Court seeking the recusal of a division bench comprising Justices Debangsu Basak and Shabbar Rashidi from hearing an ongoing contempt matter due to allegedly prejudicial remarks made by the bench in the course of hearings.According to the petitioner, the bench while hearing the matter made some remarks to the petitioner's advocate which 'eroded'...

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences (POCSO) Act, 2012.The court held that the trial court erroneously sentenced the appellant under Section 6 of the Act, which was not applicable to...

Law Is A Noble Profession, Punjab & Haryana High Court Denies Relief To Law Student Caught Cheating In Semester Exam

The Punjab and Haryana High Court refused to quash the order disqualifying a law student from appearing in any University examination for two years, after he was found cheating during an exam.The Panjab University had caught a BA LLB student of first year with objectionable material during the exam and disqualified him from appearing in any University examination for two years.Justice...

High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property

The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons...

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held a position of a...

Transmission Corporation Inherited Andhra Pradesh Electricity Board's Service Regulations, Power To Amend Impliedly Available: Telangana HC

While upholding the validity of an order issued by the Transmission Corporation of Telangana Limited (TRANSCO) deleting beneficial provisions regarding service weightage for promotion to Additional Assistant Engineer posts, the Telangana High Court ruled that the corporation has the power to amend the relevant service regulations. A division bench of Justice Sujoy Paul and Justice...

8 Month "Absolute Lull" When Girl Went Missing, No Signs Of Forcible Detention On Her Body: Telangana HC Nixes Man's Rape Conviction

The Telangana High Court set aside a man's conviction for allegedly raping a girl for eight months after noting that if the girl was– as claimed by her, detained for eight months and her limbs were tied, her body would show signs of forcible detention which was not the case- raising suspicion about this version. In doing so the court further observed that there was an absolute "lull"...