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O VII R 10 CPC | Can't Dismiss Suit At Threshold If Question Of Jurisdiction Is Question Of Fact Or Mixed Question Of Fact And Law: JKL High Court
The Jammu and Kashmir and Ladakh High Court on Tuesday ruled that the obligation to dismiss a suit at the threshold or return a plaint for want of jurisdiction arises only when it is a pure issue of law. The issue of jurisdiction, depending on question of fact or mixed question of law and fact, must be decided on merits, it clarified.The observations were made by a bench of Justice Rajesh...
Liability Of Insurer Commences When Premium Paid & Cover Note Issued, Irrespective Of Time Mentioned In Insurance Policy: Orissa High Court
The Orissa High Court has clarified that the liability of an insurer commences from the moment the insurance premium is paid by the insured and cover note is issued to him. Therefore, an insurer cannot escape its liability merely because the insurance policy had mentioned a separate date for commencement of the policy.While fastening liability of the insurer to compensate the death of an...
State Human Rights Commission Cannot Entertain Service Matters: Kerala High Court
The Kerala High Court recently reiterated that the Kerala State Human Rights Commission has no jurisdiction to entertain service matters. The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman relied upon the decisions in Malabar Cements Ltd. (M/s.) v. K. Baburajan & Ors. (2019), and District Tourism Promotion Council, represented by its Secretary v....
'Shameful, Nothing To Do With Christ's Teachings' : Supreme Court On Dispute Between Christian Groups
The Supreme Court on Tuesday expressed disquiet at the dispute between two Christian communities - London Missionary Society (LMS) and the CSI group of Christians. A Bench of Justices KM Joseph, BV Nagarathna and JB Pardiwala was hearing an SLP against a Madras High Court order passed in December, 2021 which dealt with the question of adverse possession of certain properties between LMS...
Actor Vijay Babu Can Make Intra-Country Travel Without Prior Court Permission: Kerala High Court Modifies Bail Conditions In Rape Case
The Kerala High Court on Wednesday modified the bail conditions in the order granting anticipatory bail to Malayalam film producer-actor Vijay Babu in a rape case filed by another actor. Justice Bechu Kurian Thomas, who was hearing the matter, deleted the bail condition in the order dated 22.06.2022, that the actor shall not leave the state without prior permission of the jurisdictional...
Karnataka High Court Dismisses PIL To Restore Proposal For Laying Railway Line Between Belur And Sakleshpur Taluks
The Karnataka High Court on Wednesday dismissed a PIL seeking to quash the decision of the State government by which it dropped the proposal for laying a railway line between Belur and Sakleshpur Taluks.A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the petition filed by one H C Nandish and another, saying it is devoid of merits.The state government...
'First Case Of His Life, No Likelihood To Repeat': Calcutta High Court Grants Bail To Former Andaman Chief Secretary Jitendra Narain In Gang Rape Case
The Circuit bench of Calcutta High Court at Port Blair on Monday granted bail to Jitendra Narain, former chief secretary of the Union Territory of Andaman and Nicobar Islands, who is accused in a gang rape case of a girl who had gone to him for seeking a job.Narain is implicated in offence(s) punishable under Sections 376 (C), 376 (D), 201, 506, 120 (B) IPC along with three others for...
Supreme Court Grants Pre-Arrest Bail To Maulvi From Gujarat In Forced Religious Conversion Case
The Supreme Court recently granted bail to an Islamic scholar and maulvi from Gujarat, accused of forcefully converting 37 Hindu families and 100 Hindus.A Bench of Justices MR Shah and CT Ravikumar proceeded to pass the order in favour of the petitioner after noting that he had appeared before the investigating officer for interrogation as per the Court’s previous order.It also asked the...
Kerala High Court Allows Pulsar Suni To Remain Physically Present In Trial Court To Witness Proceedings In Actor Assault Case
The Kerala High Court on Tuesday allowed Sunil N.S., also known as 'Pulsar Suni', who is the main accused in the 2017 Actor Assault Case, to remain physically present before the trial court to witness the proceedings. Justice K. Babu allowed the petition and observed that the same ensures fair trial. "Fair trial is the main object of criminal procedure, and such fairness should not be hampered...
'You Have Liberty To Criticise Everybody Under The Sun, We As Judges Have To Follow Discipline' : CJI DY Chandrachud To Dushyant Dave
The listing of the cases related to cash-for-jobs scam from Tamil Nadu has become a subject matter of controversy in the Supreme Court.Advocate Prashant Bhushan mentioned the matter for urgent listing before Chief Justice of India DY Chandrachud on Wednesday. He pointed out that in September 2022, a bench comprising Justices Abdul Nazeer and V Ramasubramanian had restored the criminal...
High Court Asks Delhi Waqf Board To File Separate Petition Against Centre’s Decision On Status Of 123 Properties, Refuses Interim Relief
The Delhi High Court Wednesday asked the Delhi Waqf Board to file a separate petition to challenge Central Government’s decision to “absolve” the board from all matters pertaining to 123 properties, which have been under dispute for a long time. Justice Manoj Kumar Ohri refused to pass an urgent order in Delhi Waqf Board’s application moved in a pending petition filed last year...
Court Within Territorial Jurisdiction Of Seat Or Place Of Arbitration Alone Can Entertain Application U/S 34 Arbitration Act: Kerala High Court
The Kerala High Court recently held that the Court situated within the territorial jurisdiction of the seat or place of arbitration alone will have the jurisdiction to entertain an application filed under Section 34 of the Arbitration and Conciliation Act, 1996. A single bench of Justice K Babu observed that the term “subject-matter of arbitration” in the definition of “court” in...