'92 Witnesses Turned Hostile, No Evidence Of Politician-Police Nexus': Bombay High Court While Acquitting 22 Cops In Sohrabuddin Encounter Case

The Bombay High Court while upholding the acquittal of the 22 policemen from Gujarat and Rajasthan in the alleged fake encounter case of Sohrabuddin Sheikh, his wife Kausar Bi and associate Tulasiram Prajapati, held that the prosecution's story of a 'conspiracy' to kill the trio after abducting them was not established and that the case rested solely on 'circumstantial' evidence, which too...

Minority Commission Can't Bypass Civil Court's Jurisdiction To Pass Eviction Orders: Kerala High Court

The Kerala High Court recently held that the State Minority Commission cannot bypass the jurisdiction of a civil court to pass eviction order against a person belonging to a minority community.Justice Easwaran S. remarked:“what is attempted is to bypass the civil remedy by filing an application before the Commission and that the Commissioner has overstepped its jurisdiction and...

Permanent Lok Adalat Can't Adjudicate Disputes Without Mandatory Conciliation Under Legal Services Authorities Act: Kerala High Court

The Kerala High Court recently clarified that as per Section 22C of the Legal Services Act, Permanent Lok Adalats must comply with the mandate of conciliation before adjudicating a dispute on merits and that delay in remitting costs to set aside ex parte order cannot be cited to forego conciliation.Justice P.M. Manoj further observed that the Adalat cannot adjudicate a dispute which is...

Competent Authority Under Maharashtra Rent Act Cannot Examine Documents Beyond Leave & License Agreement In Eviction Proceedings: Bombay HC

The Bombay High Court has held that while exercising jurisdiction under Section 24 of the Maharashtra Rent Control Act, 1999, the Competent Authority cannot look into documents other than the Leave and License Agreement in a summary inquiry for eviction of a licensee. The Court observed that the inquiry under Sections 24 and 43 of the Act is restricted to examining whether the license period...

Father Can't Escape Duty To Maintain Children Citing Loan Repayments, EMI Commitments: Gujarat High Court

The Gujarat High Court has held that payment of EMI or loan repayment by the father cannot reduce his liability to maintain his children, adding that he has to provide for expenses towards food, clothing, residence, medical needs of the children and even tuition expenses. In doing so the court directed the father to maintain his three minor triplets from his first marriage, along with his...

Bombay High Court Hopes For Amicable Settlement Between Anil Ambani, Republic TV's Arnab Goswami Over 'Objectionable Reporting' By Channel

The Bombay High Court on Friday (May 8) orally remarked that it hopes that the dispute between industrialist Anil Ambani and Republic TV and its editor-in-chief Arnab Goswami over allegedly objectionable reporting on the former can be settled amicably. The court further asked the channel to consider the allegedly objectionable content flagged by Ambani. The court was hearing a defamation...

Rajasthan High Court Directs Local Authorities To Demolish Illegal Structures Near Jodhpur Air Force, Army Installations

While hearing a Public Interest Litigation relating to illegal constructions within the restricted zones of installations of Indian Airforce and Indian Army in Jodhpur, Rajasthan High Court issued directions to the local authorities for corrective measures. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma opined that the petition raised questions of...

Separate Compensation Payable For Stillborn Child Of Pregnant Woman Who Died In Railway Accident: Gujarat High Court

The Gujarat High Court has held that a 9-month foetus is treated as a child and thus parent of a still-born child can claim accident compensation under the Railways Act, clarifying that the death of a child in womb would be "treated as independent accident apart from death of mother". In doing so the court granted compensation to the father– who lost his pregnant wife who died after...

Rajasthan High Court Flags Mechanical NDPS Prosecution After Man Implicated Solely On Co-Accused's Statement Without Any Recovery

While granting bail to an accused under NDPS Act, Rajasthan High Court highlighted that the accused was implicated without any recovery from him, solely based on information received from the main accused from whom the narcotics were recovered. The bench of Justice Ashok Kumar Jain highlighted “failure in the advice mechanism of prosecution before recommending a charge sheet against...

Cyber Crimes Affect Society At Large, Can't Be Quashed Solely Based On Compromise Between Parties: Rajasthan High Court

Rajasthan High Court held that cyber crimes are not merely disputes between private individual but affect digital ecosystem and public confidence in electronic transactions. Hence, quashing such offences solely based on compromise between the parties shall defeat the objective of the legislation enacted to curb cyber crimes. In the present matter, the FIR alleged offences of cheating...

Fatal Accident Claims Under 1855 Act To Be Registered As Original Suits; Appeal Under S.96 CPC Maintainable Against Decree: AP High Court

The Andhra Pradesh High Court has held that a decree passed in suit for accident compensation under Section 1A of Fatal Accidents Act is a decree within the meaning of Section 2(2) CPC and is thus appealable under Section 96 CPC.In doing so the court issued a slew of directions, ordering that Fatal Accident Original Petitions shall not be entertained and such matters will be registered...

MP High Court Refuses To Quash FIR Under Anti-Conversion Law, Says Minor's Statement Prima Facie Implicates Accused

The Madhya Pradesh High Court has dismissed a petition seeking the quashment of criminal proceedings against one Hemraj Tailor for allegedly forcing a family to convert to Islam under Sections 3 and 5 of the MP Freedom of Religion Act and Section 506 IPC. The bench of Justice Sandeep N Bhatti observed,"Looking to the seriousness of the allegations made in the petition regarding pressurizing...