Findings Of Civil Court On Nature Of Transaction Bind Authorities Under Maharashtra Money Lending Act: Bombay High Court

The Bombay High Court has held that when a Civil Court of competent jurisdiction has already determined the nature of a transaction between parties, such findings operate as res judicata and are binding on authorities exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014. The Court observed that statutory authorities under the Act cannot record findings contrary to...

'Meticulous Investigation Being Carried Out By SIT': Kerala High Court In Plea Seeking CBI Inquiry In Sabarimala Gold Theft Case

The Kerala High Court on Friday (March 13) orally remarked that a very meticulous investigation is being carried out by the Special Investigation Team (SIT), which includes some of the best persons in the country, while probing the Sabarimala gold theft cases.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was hearing a batch of pleas seeking CBI inquiry into...

Calcutta High Court Orders SIT Probe Into 13-Year-Old Girl's Kidnap, Rape & Murder Case, Cites Serious Lapses In Police Investigation

The Calcutta High Court directed a fresh probe by a Special Investigation Team (SIT) into the alleged kidnapping, rape and murder of a 13-year-old girl in Murshidabad, observing that the investigation conducted so far suffered from serious lacunae and failed to inspire confidence.A Single Bench of Justice Jay Sengupta was hearing a revision petition filed by the victim's mother seeking...

Kaleshwaram Project Row | Telangana High Court Reserves Verdict On KCR's Plea Against Inquiry Commission's Report

The Telangana High Court on Thursday (March 13) reserved its verdict on pleas filed by former chief minister and BRS head K. Chandrashekar Rao, former irrigation minister T. Harish Rao and others challenging the Inquiry Commission Report on alleged irregularities into the Kaleshwaram project.A division bench of Chief Justice Aparesh Kumar Sigh and Justice G.M. Mohiuddin reserved its verdict...

Sabarimala Gold Theft: State Moves Kerala High Court To Cancel Rajeev Thantri's Bail, Expunge Special Court's Remarks Against Probe

The State government has moved the Kerala High Court seeking to cancel the bail granted to Kandararu Rajeevaru @ Rajeev Thantri, who is arrayed as an accused in the Sabarimala gold theft case. The plea also seeks to expunge the alleged adverse remarks made by the Special Judge against the investigation, stating them to be 'unwarranted and prejudicial to investigation'. The Special...

Notional Income Of Student Must Reflect Future Prospects For Motor Accident Claim, Cannot Be Treated As Unemployed: Calcutta High Court

The Calcutta High Court enhanced compensation in a motor accident claim case filed by parents who lost their two sons in a road accident, holding that the notional income of a deceased student should not be assessed merely on the basis of his temporary earnings during student life but must also reflect his future earning prospects.A Single Bench of Justice Biswaroop Chowdhury was hearing...

J&K&L High Court Quashes Drugs Case After Shelf Life Of Sample Expired, Says Accused's Right To Seek Re-Analysis Cannot Be Frustrated

The High Court of Jammu & Kashmir and Ladakh has reiterated that the statutory safeguards available to an accused under the Drugs and Cosmetics Act must be strictly adhered to and that criminal proceedings cannot continue if the accused is denied the opportunity to challenge the Government Analyst's report through re-analysis by the Central Drugs Laboratory.A bench of Justice Sanjeev...

Accused Can't Be Faulted For Smart Replies, Interrogator Must Be Smarter To Extract Information: Delhi High Court

The Delhi High Court has observed that merely because an accused is smart in responding to the questions of the interrogator cannot mean that he is not cooperating in the interrogation. “Nobody is under a duty not to be smart. It is the interrogator who has to be smarter in order to elicit the requisite information,” Justice Girish Kathpalia said. The Court made the observations...

'Virtually Threatening Court': Karnataka High Court Raps Advocate For "Dictating Order" In Review Petition, Imposes ₹25K Cost

Emphatically censuring a lawyer's attempt to 'browbeat' and 'threaten' the court to pass favourable orders on the guise of a review petition, the Karnataka High Court has imposed a cost of Rs 25000/- before dismissing the said petition as 'vexatious' and 'frivolous'.The single-judge bench of Justice Hanchate Sanjeevkumar made scathing remarks about the counsel for the petitioners, B.M. Arun,...

“Landlord Is Best Judge Of His Requirement”: Calcutta High Court Allows Eviction For Construction Of Toilet

The Calcutta High Court allowed a second appeal and restored a trial court decree for eviction, holding that a landlord's requirement to construct a toilet in premises lacking such basic facility constitutes a bona fide and reasonable requirement under the West Bengal Premises Tenancy Act, 1956. The judgment was delivered by Justice Sugato Majumdar.The plaintiffs had filed a suit seeking...

J&K&L High Court Quashes Defamation Case Against Newspaper Owner, Says Presumption Under 1867 Press Act Applies Only To Editor

The High Court of Jammu & Kashmir and Ladakh has held that under the Press and Registration of Books Act, 1867, the statutory presumption regarding responsibility for publication of a newspaper operates only against the “Editor”. The Court clarified that the Act does not recognise other designations such as Chief Editor or Managing Editor for raising such presumption, though they...

J&K&L High Court Flags Lack Of Alertness In Handling Preventive Detention Cases, Says Matters Being Left To Subordinate Staff In Admin

Holding that the handling of preventive detention matters in the Union Territory reflects a troubling lack of administrative vigilance, the High Court of Jammu & Kashmir and Ladakh has observed that there is no one at the end of the respondents bearing alertness and aliveness to the handling of preventive detention cases.Spotlighting serious administrative lapses in the handling of...