Uttarakhand HC Permits US-Based Wife To Record Evidence Via Video Conferencing In Matrimonial Dispute, Stresses Effective Use Of VC Rules

Last week, the Uttarakhand High Court allowed a wife residing in the United States of America to record her evidence in a matrimonial dispute (in a case pending in a family court in the State's Dehradun district) via videoconferencing. A bench of Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma also directed all the courts within the State to ensure the effective use of...

When First Reference Is Made, Duplicate Records Of Property Attached Under Gangster Act Must Be Retained For Future Release Application: Allahabad HC

The Allahabad High Court has directed the State Government to ensure that when a reference for release application of property attached under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 is made by the competent authority to a court of law, a duplicate copy of the original records must be retained by the competent authority to deal with any other release application...

License Suspension Order Can't Partake Character Of Cancellation, Must Specify Duration Of Suspension: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an order suspending license can “never partake the character of an order of cancellation” and in the absence of an order of suspension prescribing a definite time period, the same, would make it unsustainable in law.A Division Bench comprising Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati further explained that suspension...

Punjab & Haryana HC Finds 'Fabricated' Document On Voting Details Attached In Plea Challenging Election Tribunal's Order, Directs Enquiry

Taking strong exception to the attachment of a fabricated RTI document pertaining to the voting details of Punjab's Sarpanch Election by the elected candidate, the Punjab & Haryana High Court has directed an inquiry by the Deputy Commissioner of the district.After comparing the document with original copy, the Court noted that, "it is apparent that in the face of the original produced by...

Remained Silent Till 2016: Rajasthan HC Modifies Order On Payment Of Benefits To Lecturer From 1998 When She Got PhD, Says She Caused Delay

The Rajasthan High Court modified an order passed by the State Non-Government Educational Institutions Tribunal which directed a college to grant two annual increments to an Economic lecturer from the date when she completed her Ph.D in 1998, after noting that the latter had raised demand for benefits only in 2016. In doing so the court observed when the lecturer did not make any...

Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court

The High Court of Andhra Pradesh has held that in a case containing serious allegations, the Investigating Officer (IO) deserves a free hand to take the investigation to its logical conclusion. Justice T Mallikarjuna Rao further observed that,“The investigating officer, who has been prevented from subjecting the petitioner to custodial interrogation, can hardly be fruitful in finding...

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment

The Karnataka High Court has refused to quash murder proceedings initiated by a man against his father after his mother died by falling from their apartment situated on the 16th floor.Justice M Nagaprasanna while dismissing the petition filed by Devendra Bhatia said “When the evidence of both the children as quoted hereinabove would pin the petitioner down albeit, prima facie, it...

'Why Didn't ED Wait For Outcome Of Complaint?' : Madras High Court Stays ED Attachment Of Director Shankar's Property Over Copyright Dispute

The Madras High Court on Tuesday stayed an order of the Enforcement Directorate provisionally attaching property worth Rs. 10 crore of Tamil filmmaker S Shankar in a copyright infringement case in connection with the 2010 movie 'Enthiran'. The bench of Justice MS Ramesh and Justice N Senthilkumar stayed the provisional attachment order on a plea moved by the Director. The ED had...

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies.An FIR against the petitioner was lodged under Section 13(1)(b) read with Section 13(1) of the Prevention of Corruption Act,...

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11(d) as being barred by statute.The order was passed in a commercial court appeal by a Division Bench of Justice Moushumi Bhattacharya and...

If Alleged Acts Constitute An Offence, Denying Criminal Action Solely Due To Pursuit Of Civil Remedy Would Be 'Travesty Of Justice': Kerala HC

The Kerala High Court has held that it would be travesty of justice to deny parties from approaching criminal courts to initiate proceedings against offenders solely because they had pursued a civil remedy by filing a suit, particularly when the alleged acts also constitute specific criminal offences.The single bench of Justice G. Girish observed that care must be taken to prevent...

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court

The Kerala High Court refused to accept the argument that the CBI is divested of investigative powers when it is revealed during investigation that no offences under the Prevention of Corruption Act (PC Act) were made out.Justice K. Babu observed that while the FIR should allege offences under the PC Act for the CBI to start an investigation under Section 17 of the Act, it does not stop them...