Drivers Required To Slow Down At Zebra Crossing, Outlandish To Accuse Pedestrians Of Negligence Without Proof: Kerala High Court

Slamming State Insurance Department for its argument that a person crossing the road using 'zebra crossing' is required to be extra careful, the Kerala High Court held that unless it is specifically pleaded and proved that there was a clear case of negligence on part of pedestrian, such an inference cannot be made. The department had challenged Motor Accidents Claims Tribunal's award of...

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings

The Gujarat High Court on Tuesday dropped the contempt proceedings and accepted the unconditional apology rendered by 12 judicial officers who failed to dispose of a suit which is pending since 1977 till date, despite the direction issued by the High Court in November 2004 to dispose it of by the end of year 2005. While closing the contempt proceedings, the division bench of Chief...

Wife Can Claim Return Of Gold Ornaments Under Prevention of Dowry Act Only If She Proves Entrustment To Husband: Kerala High Court

The Kerala High Court on Tuesday observed that gold ornaments kept in a locker in the wife’s name cannot amount to the entrustment of the ornaments to the husband or the husband’s family and thus recovery of the same cannot be initiated along with divorce proceedings. A division bench of Justice Anil K Narendran and Justice P.G. Ajithkumar said that in the absence of enough evidence that...

Breaking | Bombay High Court Dismisses PIL Against Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium System

The Bombay High Court on Thursday dismissed a PIL against the Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their constant public criticism of the judiciary’s ‘collegium system’ and remarks against the basic structure doctrine. Petitioner - the Bombay Lawyers Association sought to restrain them from discharging their duties claiming that the two...

Insurance Coverage For Accidental Death - Proximate Cause Necessary; Supreme Court Denies Claim For Sun Stroke Death During Election Duty

The Supreme Court has held that the death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means" in the insurance policy.In the year 2000, the National Insurance Company had entered into an MoU with the Chief Electoral Officer of Bihar to...

Evidence Of Witness In Examination-In-Chief Doesn’t Become Inadmissible Merely Because He Couldn’t Be Cross-Examined: Patna HC Reiterates

The Patna High Court has reiterated that evidence given by a witness in his examination-in-chief cannot be completely discarded merely because he could not be cross-examined by the opposite party. A Single Judge Bench of Justice Sunil Dutta Mishra underlined that such evidence can be made admissible but weight to be attached to such testimony will depend upon the facts...

Supreme Court Annual Digest 2022-Practice & Procedure

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Abhyudaya Kumar Shahi v. Bharat Pradhan Filling Centre, 2022 LiveLaw (SC) 625 : (2022) 6 SCC 522Practice and Procedure - Adverse remarks made by Rajasthan HC against a Sessions Judge set aside -...

Section 41A CrPC : Supreme Court Asks States To File Compliance Report On Directions In 'Satinder Kumar Antil' Case

The Supreme Court, recently, asked non-compliant State Governments to file compliance reports in the proceedings in Satinder Kumar Antil v. CBI, within two weeks, failing which, it warned, the respective Home Secretaries would be required to appear personally through virtual mode. It also asked the CBI to file its compliance report within the said time period.“The CBI has also not...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Q.36 Why not during these “corona lockdown” days impose a mandatory bail condition to download Arogya Setu App and keep the applicant’s GPS and Bluetooth open?Ans. No. Such a condition imposed by an Additional Sessions Judge in the Patiala House Court Complex, New Delhi has been frowned upon and disapproved.Q.37 The defense lawyer argues that unless the accused is released on bail, he...

Shahrukh Pathan Alleges Assault By Jail Officials, Delhi High Court Asks Him To Approach Trial Court For Early Hearing

The Delhi High Court Thursday asked Shahrukh Pathan, accused in 2020 Northeast Delhi riots cases, to move an application before trial court for advancing the hearing of his petition alleging that he was attacked and assaulted by jail officials.Justice Amit Sharma, who was hearing a similar petition moved by Pathan, said that since a plea has already been moved before trial court, it would...

Supreme Court To Hear Tomorrow Pleas To Probe Hindenburg Report Against Adani Group

Another PIL has been filed in the Supreme Court of India in the wake of the Adani group shares taking a beating in the stock market following the publication of a report by US-based short-selling firm Hindenburg Research. Advocate Vishal Tiwari, the PIL petitioner, mentioned the matter before Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala today for...

Supreme Court Invalidates GAIL's Condition Imposed On IPCL, Says Writ Jurisdiction Can Be Applied When Contractual Terms Are Arbitrary

On Wednesday, a Division Bench of the Supreme Court comprising Justice S.K. Kaul and Justice A.S. Oka, held that if the State in its contractual dealings fails to exercise a degree of fairness or practices any discrimination, writ jurisdiction can be exercised against it.Factual BackgroundThe Ministry of Petroleum and Natural Gas, Government of India, allocated 0.85 MMSCMD of natural gas to ...