MP High Court Mandates Photography Of Victims' Injuries To Combat Trend Of Invoking 'Petty' Sections Even In Serious Cases

While noting a "recurring pattern adopted by police officers" across Madhya Pradesh where even in serious injuries to complainants cases were stated to be lodged under "petty sections", the High Court directed that in "all cases of injuries" police officers and doctors shall take photographs of the injured parties. The court passed the order while hearing an anticipatory bail plea of...

Party Cannot Be Compelled To Undergo Medical Examination To Facilitate Adversary In Proving Case: Bombay High Court

The Bombay High Court has rejected a request to conduct a medical examination of the elderly woman defendant on the ground that the Court cannot direct a party to undergo a medical examination unless the Court finds it absolutely necessary to determine the core question in controversy. The Court held that when there are serious disputes and conflicting allegations over a defendant's...

Direction Of Disclosure Or Attachment Of Assets Cannot Be Passed Against A Person Who Is Not A Party To The Arbitral Award: Bombay HC

The Bombay High Court has held that a foreign arbitral award cannot be enforced against a person who was not a party to the arbitration proceedings. It ruled that forcing such a person to disclose assets or face coercive enforcement would be without jurisdiction under Part II of the Arbitration and Conciliation Act, 1996.Justice Somasekhar Sundaresan passed the ruling while allowing two...

Judicial Institution May Evolve But Its Integrity And Independence Must Remain Constant: Justice Vibhu Bakhru Bids Farewell To Delhi High Court

Justice Vibhu Bakhru on Wednesday bid farewell to the Delhi High Court on his elevation as the Chief Justice of Karnataka High Court.In his farewell speech, Justice Bakhru said that the judicial institution evolves but the integrity, empathy and independence, which is its core, must remain constant.“The institution evolves, but at its core, integrity, independence and empathy must...

Kerala High Court Reserves Verdict On Advocates Association's PIL Against Court Fee Hike

The Kerala High Court on Wednesday (July 16) reserved its orders in the plea moved by the Kerala High Court Advocates' Association (KHCAA) challenging the increase in Court Fees.A bench of Chief Justice Nitin Jamdar and Justice Basant Balaji heard detailed arguments by Advocate Yeshwant Shenoy appearing for the KHCAA and that of Advocate General K. Gopalakrishna Kururp for the State. The...

Karnataka High Court Upholds 20-Year Sentence Of Man Charged U/S 377 IPC & POCSO For Assaulting 6-Yr-Old Boy

The Karnataka High Court recently upheld the order of the trial court sentencing a 27-year-old man to undergo 20 years ' rigorous imprisonment after convicting him for offences under Section 377 (Unnatural offence) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children From Sexual Offences Act (POCSO).A single judge, Justice J M Khazi, dismissed the appeal filed by...

Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment

The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full facts, thereby vitiating the appointment with incurable defects. The Court also directed inquiry into the role of officials who were responsible for petitioner's appointment in the first instance.Holding petitioner's appointment...

'This Was Intentional': Kerala High Court Criticizes ADGP For Using Tractor On Sabarimala Road In Defiance Of Court's Previous Order

The Kerala High Court on Wednesday (July 16) criticized the Additional Director General of Police (Armed Forces Battalion) for using a tractor belonging to the Kerala Police Department on the Sabarimala Swami Ayyappan Road on July 12 and 13.The High Court had barred the use of tractors for carrying people through the trekking path to Sabarimala back in November 2021. Their use is allowed for...

Plaintiff Can Summon Defendant As Witness In Suit For Specific Performance But Trial Court Must Exercise Discretion Judiciously: Karnataka High Court

The Karnataka High Court has upheld an order of the trial court which allowed an application filed by a plaintiff in a suit filed for specific performance of contract, seeking to summon the defendant in the case as a witness.The Trial Court had concluded that any party to the suit can be summoned as a witness and allowed the application as per Rule 21 of Order XVI (summoning and attendance...

Kerala High Court Asks Syndicate Member To Show 'Actual Obstruction' In Entering Varsity Campus, Says Can't Order Police Protection Just For Fear

The Kerala High Court today (July 16) orally told PS Gopakumar, a member of the State University Syndicate, to show an actual incident of obstruction faced by him while entering the varsity campus, in wake of the recent Bharat Mata portrait row.Justice N. Nagaresh said the Court cannot entertain the member's plea for Police protection, merely based on fear and apprehensions.“When you say...

'Can't Treat Wife As Commodity': Orissa High Court Dismisses Husband's Frivolous Habeas Corpus Plea With ₹25K Cost

In a strongly-worded order, the Orissa High Court has criticised a man for filing a frivolous habeas corpus plea to secure the custody of his wife and child, knowing well that the wife had left his company out of her own volition due to some matrimonial disputes.To discourage such vexatious litigation in the future, the Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri...

'Can't Deport Someone For Speaking Bengali': State Tells Calcutta HC Over Bengal Migrants Arrested By Delhi Police, Deported To Bangladesh

The Calcutta High Court has called for affidavits from the State of West Bengal, the Union government and the Delhi government over the arrest and deportation of a Bengali-migrant family from Birbhum district, in a habeas corpus plea filed by their relatives.A divsion bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra called for affidavits upon being told that similar pleas...