Trial Judges Shouldn't Be Like Tape Recorder While Recording Evidence, Must Ask Relevant Questions To Hostile Witnesses: Allahabad HC

The Allahabad High Court recently observed that the Presiding Officer sitting in the Trial Court while recording the evidence must not act like a spectator and tape recorder and must actively participate in the court proceedings. The court added that if any witness is declared hostile by the prosecution, the court itself must ask relevant questions to the witness, and if it...

Wife Cannot Be Charged With Extortion For Seeking, Being Granted Maintenance By A Competent Court: Karnataka High Court

The Karnataka High Court has held that there cannot be an offence of extortion registered against the wife when she initiates proceedings for maintenance and the concerned Court grants maintenance amount to her.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by a wife seeking to quash the complaint registered by the husband under Sections 420, 406, 403, 109,...

Allahabad HC Stays Arrest Of Man Accused Of Fraudulently Obtaining Naturalization Certificate, Issues Notice To Home Ministry

The Allahabad High Court recently stayed the arrest of a man in connection to an FIR lodged against him on the allegations of procuring a naturalisation certificate under the Citizenship Act 1955 by fraud. Dealing with a writ petition filed by the petitioner [Meisheng Chiang (Chiang Mei Sheng)] seeking the relief of quashing of FIR, a bench of Justice Sangeeta Chandra and Justice...

Gujarat HC Expresses Disappointment Over State's Failure To Implement Policy On Traffic/Illegal Parking Despite Orders, Warns Of Action Against Officers

While hearing a plea seeking contempt for non-compliance of the court's orders in a 2017 PIL concerning among others issues of traffic and illegal parking on public roads in Ahmedabad, the Gujarat High Court expressed its dissatisfaction with the State's failure in framing an "effective policy" to handle a grave situation to ensure that citizens of the city and the state feel safe. The...

Punjab & Haryana HC Rejects PIL To Restore Chandigarh Football Ground As Per International Standards, Says Court Can't Run Administration

The Punjab & Haryana High Court has dismissed a PIL seeking directions to Chandigarh UT Administration to take immediate remedial steps to restore a Football Stadium, in Sector-17 Chandigarh in conformity with international standards, observing that the court cannot step into the administration's shoes and start running it. A division bench of Chief Justice Sheel Nagu and Justice Sumeet...

Punjab & Haryana HC Imposes ₹4 Lakh Cost On College Association For Filing 'Frivolous' Plea Challenging Regular Inspection Carried Out By University

The Punjab & Haryana High Court imposed a cost of Rs 4 lakh on the Association of Colleges which has been approved by the National Council for Teacher Education (NCTE) for filing a frivolous petition challenging regular inspection carried out by the University under which colleges are affiliated.The Court rejected the contention of the Association that once the Colleges are recognized by...

Mere Existence Of Arbitration Clause In Agreement Does Not Oust Jurisdiction Of Civil Court To Entertain Suit: Gauhati High Court

The Gauhati High Court bench of Justice Malasri Nandi has held that merely because there is an arbitration clause providing for referring the dispute and the claim to the arbitration, the civil court's jurisdiction is not barred but the same is subject to Section 8 of the Arbitration Act, 1996. Brief Facts An agreement was entered into between the plaintiffs and the defendants...

Right To Practise Religion Cannot Be Denied On Mere Apprehension Of Law & Order: Madras HC Allows Construction Of Bible Study Centre

The Madras High Court recently allowed the construction of a Bible Study Centre by the District Secretary of the CSI Church Erichamamoottu Villai in the Kanyakumari District. The bench of Justice RMT Teeka Raman and Justice N Senthil Kumar observed that the rights guaranteed under Articles 25 and 26 of the constitution could not be curtailed or taken away on mere apprehension of law...

High Court Reserves Verdict On Pleas Against Release Of Movie Based On 2020 Delhi Riots

The Delhi High Court on Friday reserved verdict on a batch of petitions against the release of a film titled “2020 Delhi”, based on 2020 North-East Delhi riots, and its trailer on YouTube.“I'll pass the order,” Justice Sachin Datta said while reserving judgment in three petitions filed on the issue. First petition is filed by riots accused Sharjeel Imam. Second petition is filed by...

Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation

The Kerala High Court stated that showing undue leniency towards a government employee in disciplinary proceedings could undermine the essential discipline required in public service.Considering the facts of the case, the Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar stated that the punishment of dismissal from service was proportionate to the offences committed by...

'Vested Interest, Should've Challenged All Illegal Religious Structures': MP High Court Dismisses Plea For Removal Of Temple, Imposes 25K Cost

While dismissing a plea seeking a review of an order dismissing a PIL for the removal of one particular temple in the city, the Indore Bench of Madhya Pradesh High Court observed that the litigant who claimed to be a journalist, did not disclose why the removal of this temple was in public interest adding that he appeared to have a vested interest. The court further observed that if the...

Bombay High Court Appoints Ex-SC Judge To Resolve ₹5000 Crore Trademark Dispute Between Lodha Brothers

The Bombay High Court on Friday appointed former Supreme Court judge Justice RV Raveendran to mediate the Rs 5,000 crore trademark dispute between real estate giants and brothers - Abhishek Lodha and Abhinandan Lodha.This comes after the Lodha brothers consented to mediation. Single-judge Justice Arif Doctor is seized with the trademark suit by Abhishek's firm - Macrotech Developers against...