J&K HC Upholds Compensation For Man Disabled Due To Tear Gas Fired By Police, Says Criminal Justice Would Look 'Hollow' If Victim Not Compensated

The Jammu and Kashmir High Court has held that permanent disability of the citizen due to state action violates their fundamental rights and has to be fully compensated by the State. The court also held that when the service of notice is made at the correct address, the addressee is deemed to have knowledge of the said notice. The court, therefore, presumed the notice on the part...

Oral Examination To Explain Interrogatories Shall Be Done Only In Extraordinary Situations: Kerala High Court

The Kerala High Court held that courts should order oral examination (viva voice examination) only in exceptional cases for the purpose of getting further information if a person has not answered or answered insufficiently a question in the interrogatory.Under Order XI Rule 11 of CPC, if a person interrogated omits to answer or answers insufficiently, the Court on an application by...

Reference To IPC Provisions In Definition Of 'Rowdy' Under Anti-Social Activities Law Is A Reference To Relevant BNS Provisions: Kerala HC

While examining the definition of 'rowdy' under the Kerala Anti-Social Activities Prevention Act (KAAPA), the Kerala High Court observed that the reference to the repealed IPC provisions in the definition, has to be construed as a reference to relevant provision in the BNS. It held that when such reference is to a chapter of IPC, the corresponding chapter of BNS shall be referred to and it...

Contract Which Is Renewable Based On 'Criteria Of Performance' Is Deemed Renewed Unilaterally After Criteria Is Met, Cannot Be Terminated: J&K HC

The Jammu and Kashmir High Court held that where renewal of contract is based on the criteria of performance, the contract is deemed to have to been extended, if the said criteria is met. It also held that courts cannot interfere with the interpretation given by an Arbitrator if the same is reasonable and not opposed to logic.In this case, the Arbitrator was to determine legality of breach...

Kerala High Court Orders Mufti Police To Carry ID Cards, Authorization Order For Proper Identification

The Kerala High Court has ordered mufti police to carry their identity cards and the specific order authorizing them to discharge their duties in mufti, for proper identification by the citizens. Mufti police is a term used to refer to police who is wearing civilian dress instead of uniform, during their job.Justice P.V.Kunhikrishnan observed that in the absence of such ID and...

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

The Bombay High Court on Thursday (February 13) while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. Single-judge Justice Milind Jadhav noted from the statements of the girl, that she had a...

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the court having supervisory over designated venue of the Arbitration proceedings would have jurisdiction to entertain application under section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) in absence of any contrary indicia indicating any other place to be the seat of...

Calcutta High Court Allows Rally To Be Addressed By RSS Chief Mohan Bhagwat In Bengal

The Calcutta High Court has allowed a rally by the Rashtriya Swayamsewak Sangh (RSS) to be addressed by the organisation's 'Sarsanghachalak' Mohan Bhagwat in Kolkata. Justice Amrita Sinha allowed the rally to go ahead after the State had denied permission for the same due to the ongoing Madhyamik exams in nearby schools, over the use of loudspeakers.In noting that the rally was scheduled for...

State Can't Permit Protests Which Disrupt Public Peace & Tranquility: Madras High Court Dismisses Bharath Hindu Munnani's Plea

The Madras High Court on Friday dismissed an application for permitting a procession condemning the recent events at Thiruparakundram, Madurai.Justice GK Ilanthiraiyan observed that for the incidents that happened in Thiruparakundram, resolutions had already been passed between the concerned parties before the RDO and there was no need to conduct another procession, in Chennai to condemn...

Dengue Menace: Karnataka High Court Asks BBMP To Heavily Fine Individuals, Housing Societies If Stagnant Water, Waste Isn't Removed

The Karnataka High Court has directed Burhat Bengaluru Mahanagara Palike (BBMP) to impose heavy fines on any individual, any residential society or residential hub if found to be negligent towards clearing the stored water in containers, stagnant water, long accumulated water or solid waste which may result into breeding of mosquitoes and causing the spread of Dengue. A division bench...

Delhi High Court Issues Notice On PIL For Action Against Hospitals, Entities Operating Radiological Equipment Without Licenses

The Delhi High Court has issued notice on a public interest litigation seeking action against all hospitals, medical colleges, diagnostic centres and any other entities operating radiology equipments without the requisite authorization or licenses.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela sought response of Union Government and Atomic...

GST Registration Cannot Be Refused Merely Because Assessee Belongs To Another State: Andhra Pradesh High Court

The Andhra Pradesh High Court stated that GST registration can't be refused merely because the assessee belongs to another State. “Though the apprehension of the respondents may not be misplaced, it would not mean that registration can be refused on a ground, which is not available under the Statute or the Rules. There do not appear to be any restriction for persons outside the...