Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs Ago

The Calcutta High Court has overturned the order of the railway tribunal and directed the payment of Rs 8 lakhs along with interest, to the kin of a man who died after falling from a moving train in 2001.Justice Shampa (Dutt) Paul held: The original ticket produced and the number of the ticket being the same as the number given in the claim application prima facie proves that the victim in...

Convict Without 'Permanent Residential Address In Delhi' Not Barred From Getting Furlough: High Court

The Delhi High Court has recently ruled that a convict without a permanent residential address in the national capital cannot be barred from being granted furlough. “Therefore, taking into account the relevant rules stipulated in the Delhi Prison Rules, this Court concludes that there is no rule or condition that a convict-prisoner, not having a permanent residential address in Delhi, would...

Madhya Pradesh High Court Monthly Digest: November 2024

Citation 2024 LiveLaw (MP) 282 to 2024 LiveLaw (MP) 313Nominal IndexVijay Singh Yadav v. Bhopal Development Authority & Another 2024 LiveLaw (MP) 282Shivraj Singh Chouhan And Others v/s Vivek Krishna Tankha 2024 LiveLaw (MP) 283Dharamdas Bhalekar versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 284Vikram Sharma versus State Bank of India 2024 LiveLaw (MP) 285Saroj...

Karnataka High Court Issues Notice On CM Siddaramaiah's Appeal Against Order Upholding Governor's Sanction To Prosecute In MUDA Case

The Karnataka High Court on Thursday (December 5) issued notice to the state government and other respondents in an appeal by Chief Minister Siddaramaiah challenging the single judge's order which had upheld Governor Thaawarchand Gehlot's decision granting sanction to investigate him in the alleged Mysore Urban Development Authority (MUDA) scam.The CM submitted before the court that Section...

Refusing Mutation Due To Pending Property Suit Despite Rejection Of Temporary Injunction Against Bonafide Purchaser 'Arbitrary': Rajasthan HC

Rajasthan High Court has expressed shock on the order of Municipal Commissioner of Udaipur, rejecting a bonafide purchaser's application for entering his name in Revenue Records on the grounds that a dispute was pending in the trial court regarding the property, despite the fact that the trial court had already rejected plaintiff's application of temporary injunction in that case.The bench...

Delhi Riots: High Court Quashes FIR Against Tahir Hussain, Orders Chargesheet To Be Treated As Supplementary Chargesheet In Similar FIR

The Delhi High Court has recently quashed an FIR registered against former Aam Aadmi Party Councillor Tahir Hussain in connection with the North-East Delhi riots of 2020.Justice Subramonium Prasad directed that the chargesheet in the FIR in question [FIR 116 of 2020] be treated as a supplementary chargesheet in another case [FIR 101 of 2020] which was registered on the same incident,...

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

The Orissa High Court has reiterated that the State and its agencies cannot challenge the maintainability of a suit, for the first time at the stage of appeal, on the ground that no prior notice as prescribed under Section 80 of the Code of Civil Procedure was issued to them before instituting the suit.Clarifying the position of law, the Single Bench of Justice Ananda Chandra...

Foreign National Wearing Personal Jewellery To India Not Subject To Import Duty: Delhi High Court

The Delhi High Court has held that the jewellery worn to India by a foreign national is not subject to customs duty.A division bench of Justices Yashwant Varma and Ravinder Dudeja thus declared as illegal the action of the Customs Department, confiscating a Thai national's gold chain and kara. It observed,“In the present case also, petitioner is a foreign national, who brought a chain and...

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court

The Chhattisgarh High Court bench of Chief Justice Mr. Ramesh Sinha has held that two arbitration petitions for the same relief cannot be filed. Brief Facts This petition has been filed under section 11 of the Arbitration Act seeking appointment of an Arbitrator. The applicant is a Society registered under the Society Registration Act 1973. The society comprises of lease...

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court

The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.Justice Sanjeev Narula observed that the compensation mechanism under the SC/ST (Prevention of Atrocities) Act read with the Rules is intrinsically linked to the continuation of legal proceedings.“The intent of the...

Former CPM Leader Who Joined BJP Moves Kerala High Court Seeking Anticipatory Bail In Dowry Harassment Case, Alleges Political Vengeance

Bipin C. Babu, a former CPM leader and ex-Vice President of the Alappuzha District Panchayat, has filed a plea for anticipatory bail in the Kerala High Court in connection with a dowry harassment case. Babu, who recently left the CPM to join the BJP, claims that the case is politically motivated and filed by his wife at the instance of CPM party leaders, infuriated by the party change.His...

Registration Of Adoption Deed 'Futile', Has No Legal Sanctity And Does Not Give Any Right To Parties Irrespective Of Religion: Madras HC

The Madurai bench of the Madras High Court has made it clear that the registration of an adoption deed is a futile exercise as it does not confer any rights on the parties to adoption and does not have any legal sanctity. The court thus observed that the registration of adoption deed could not be asked as a matter of right before the registering authority. “The registration of...