Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court

The Jharkhand High Court has held that the legal heirs of a deceased driver are entitled to compensation under the personal accident (PA) cover of an insurance policy, even when the driver himself was at fault for the accident. The court ruled that a driver in such circumstances enters “into the shoes of the owner” and is eligible for compensation as per the PA coverage of the...

Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court

The Chhattisgarh High Court has reiterated that a person who is single and marries another whose marriage is substituting cannot be not liable under Section 494 IPC, but it is the person whose marriage is substituting who would be liable. Interpreting the provision of law, the Bench of Justice Arvind Kumar Verma held –“In the present case, it is not the case of the prosecution that...

Frivolous, Demeaning: Gujarat High Court Slams Applicant, Lawyer For Making Unwarranted Remarks Against Judges In Contempt Plea

Terming a contempt plea seeking action against Arcellor Mittal Nippon Steel India and others as well as their advocates "disingenuous" and an "epitome of frivolity", Gujarat High Court expressed its displeasure with the applicant Gujarat Operational Creditors Association and its counsel Deepak Khosla for moving the plea and for making "unwarranted remarks" on the judges of the court. In doing...

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail

The Kerala High Court recently held that when the prosecution is solely responsible for the delay in concluding the trial, the liberty guaranteed under Article 21 of the Constitution overrides the effect of Section 37(1)(b) of the NDPS Act.Section 37 of the Narcotic Drugs and Psychotropic Substances Act places an additional condition on giving bail when the offence involves commercial...

Requests Made By Govt Employees To Change Birthdate In Service Records Beyond Reasonable Time Should Not Be Entertained: Bombay High Court

The Bombay High Court recently while refusing to grant any relief to a Pune-based Police Inspector said any request from a public servant to change in date of birth in service records, beyond reasonable time, should not be permitted. A division bench of Justices Atul Chandurkar and Milind Sathaye said that in such cases, mostly government employees seek such changes only after...

Freedom Of Press Can't Be Used To Tarnish Reputation Without Verifying News: Madras HC Orders Tamil Weekly To Pay ₹25 Lakh To DMK's TR Balu

The Madras High Court has ordered the Editor, Publisher and the Printer of Tamil Weekly 'Junior Vikatan', to pay Rs. 25,00,000 as damages to DMK's TR Balu for having published malicious and defamatory content against him without verifying the same. Justice AA Nakkiran remarked that the freedom of press was to be used for publishing news to the people backed by solid proof and could not...

Aaradhya Bachchan Moves Delhi High Court Seeking Summary Judgment In Suit Against Misleading Content

Aaradhya Bachchan, daughter of Bollywood actors Abhishek Bachchan and Aishwarya Rai Bachchan, has moved the Delhi High Court seeking summary judgment in her suit against misleading content uploaded against her by various YouTube channels.On February 03, Justice Mini Pushkarna issued notice to nine YouTube channels, including Bollywood Time, on Aaradhya's application. The application has...

Bombay HC 'Disappointed' With CBI & Mumbai Police Showing Reluctance To Probe Multi-Crore Money Laundering Case; Orders Formation Of SIT

The Bombay High Court recently expressed 'disappointment' over the Central Bureau of Investigation (CBI) and also the Economic Offences Wing (EOW) of the Mumbai Police, both showing 'reluctance' to investigate into the complaints of multi-crore fraud by a company both in India and also several foraging countries.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that...

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. Brief Facts: After a competitive bidding process, a contract was entered into between the petitioner and the respondent. The contract required the supply of 8000...

When Doctor Who Initially Treated POCSO Victim Reported Crime To Police, Action Against Subsequent Doctor U/S 21 Is Unwarranted: Kerala HC

The Kerala High Court has held that the POCSO Act does not provide an outer limit for reporting of offences to the Police, and that the intent is to report to the Police without delay.The Court was considering whether a doctor, who treated the victim subsequently, could be held criminally liable for failing to report the commission of offences under the POCSO Act, when the information had...

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court

In a recent judgment, the Jharkhand High Court has held that the question of land ownership cannot be unilaterally determined by the executive authorities and a person in possession cannot be summarily evicted without due process.A division bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan stated that under Article 300A of the Constitution, nobody can be deprived...

Gujarat High Court Expunges Remarks On Bar President's Conduct After He Expresses Regret Over Heated Exchange With Chief Justice

The Gujarat High Court on Monday (February 3) expunged its remarks on the conduct of High Court Advocates' Association President Brijesh Trivedi, after noting his regret over the heated exchange with Chief Justice Sunita Agarwal, during the hearing of a 2011 PIL last month. The court further took note of Trivedi's assurance that such an "occurrence will not be repeated in future". For...