Bank Seeking Judicial Declaration Of Sale Deed's Validity Before Sanctioning Loan On Minor's Property Sold Without Prior Approval Not Arbitrary: Kerala HC

The Kerala High Court has held that the bank's insistence for a court declaration on the validity of a sale deed before sanctioning a loan on the property of a minor, sold without approval from the District Court as mandated under the Hindu Minority and Guardianship Act, is not arbitrary or unreasonable.Justice C S Dias noted that Section 8 (2) of the Act mandates that minor's property shall...

'Depicts Public Perception Of Money Power': P&H HC Rejects Pre-Arrest Bail Of Man Accused Of Taking ₹10 Cr For Providing Governor Post

The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of taking 10 crore with other co-accused for securing the post of Lieutenant Governor in Andaman and Nicobar, observing that granting relief when there is prima facie sufficient evidence would send a "very negative message" to the public.The Court said, "The Governor's post is the highest post under...

Kerala High Court Asks State If Any Guidelines Have Been Issued In View Of Its 2010 Direction Prohibiting Public Meetings On Roads

The Kerala High Court on Friday (January 17) asked the State to inform if any guidelines have been issued by it pursuant to the court's earlier judgment prohibiting public meeting on roads. The court was hearing a petition filed by an advocate complaining about an event reportedly organized by the Balaramapuram Panchayat on January 3, erecting a stage and arranging seats on...

Rajasthan HC Permits Law Students To Sit For Exam To Govt Post, Who Were Barred Earlier After Change In Eligibility Criteria Mid Process

The Jodhpur bench of the Rajasthan High Court granted relief to certain candidates who had applied for the post of Assistant Prosecution Officer, directing the State to allow these candidates to appear for the examination to the Post even though at the time of filling the application form they had not passed their law degree.The Court was hearing a petition filed by the candidates....

Accused's Right To Fair Trial To Seek Call Detail Record U/S 91 CrPC In Trap Case Prevails Over Police's Right To Privacy: Rajasthan HC

In case concerning trap proceedings, the Jaipur bench of the Rajasthan High Court has reiterated that the right of an accused to a free and fair probe/trial under Article 21 in seeking call/tower location details under Section 91 CrPC would prevail over the right to privacy of the police officials. The court added that this right of privacy can be breached to some extent for production of...

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once the “seat” of arbitration is designated in an agreement, it is to be treated as the exclusive jurisdiction for all arbitration proceedings. The Court referred to the 'Shashoua Principle', which propounds that when there is an express designation of a "venue" and no alternative seat...

NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied

The Delhi High Court has granted bail to lawyer and former Additional Advocate General for the State of Punjab in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 last year. Justice Jasmeet Singh granted relief to Vikramjit Singh, observing that the "twin conditions" given under section 37 of the NDPS Act were "satisfied" in the case. The court also noted that...

Two Additional Judges Of Gauhati High Court Made Permanent

The Union Government on Friday (January 17) appointed Justice Kardak Ete and Justice Mridul Kumar Kalita as permanent judges of the Gauhati High Court. The Notification issued by the Central Government read as follows:“In exercise of the power conferred by clause (I) of Article 217 of the Constitution of India, the President is pleased to appoint S/Shri Justices (i) Kardak Ete and (ii)...

Orissa High Court Denies Bail To Man Accused Of Receiving Money On Behest Of Pakistani Intelligence Officer, Suspects 'Larger Conspiracy'

The Orissa High Court on Friday (January 17) denied bail to a man who was found to be having links with a Pakistani Intelligence Officer linked to Inter-Services Intelligence (ISI) and for allegedly receiving money in his account on the behest of such Pakistani national.Suspecting a deep-rooted conspiracy involving Pakistani Intelligence Officers, the Single Bench of Justice Sashikanta...

Allegations Against Husband's Relatives Cannot Be Viewed As False As A Thumb Rule Without Addressing Them: Kerala High Court

The Kerala High Court has held that the allegations against the relatives of the husband cannot be generally viewed as false, as a thumb rule without addressing them.Justice A. Badharudeen observed that general and sweeping allegations of cruelty against the relatives of husband are insufficient to attract an offence of cruelty under Section 498A of the IPC and there must be specific...

Mindset That Women Should Endure Suffering In Matrimonial Homes Emboldens Perpetrators: Delhi High Court On Dowry Deaths

While denying bail to a husband in a dowry death case, the Delhi High Court has said that the mindset that women should continue to endure suffering in their matrimonial homes as it is the “right” thing to do after marriage “emboldens” perpetrators. “This mindset emboldens, and is exploited by, perpetrators including a husband, who kills his wife, exploiting the situation that...

[S.354 IPC] Tripura High Court Sets Aside Conviction Citing Lack Of Evidence, Says IO Didn't Collect Injury Report

The Tripura High Court recently set aside the conviction and sentence imposed by a Trial Court under Section 354 of IPC against an accused on the ground that the ingredients of the offence of using 'criminal force or assault' upon the victim could not be established by the prosecution.The single-judge bench of Justice Biswajit Palit observed:“….in absence of clear and specific evidence...