Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

The Kerala High Court recently held that a detention order can be invalidated on the ground that documents were not supplied to the detenu only if he can prove that prejudice was caused to him due to the non-supply of such documents. It is the obligation of the detenu to explain why such documents are relevant for issuing a detention order, the court observed. A division bench of Justice Anil...

Patna High Court Shuts 49 Brick Kilns Over Failure To Shift To 'Cleaner Technology'

The Patna High Court on Saturday directed the government to close 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.The Board had issued a Notification in December 2018 by which all brick kilns were asked to switch to cleaner technology by September 2019. More than 3,000 brick kilns...

'Our Intent Was No Special Privilege Can Be Shown To Lawyers' : Supreme Court Says Bail Pleas Of Odisha Lawyers Be Considered On Merits

The Supreme Court, on Monday, clarified that when it had recorded in its order dated 14.12.2022 that lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court ‘do not deserve any indulgence’ it merely meant that no special privilege ought to be shown to them. Senior Advocate Vikas Singh appearing on behalf of...

Special Courts To Try Offences Under Rights Of Persons With Disabilities Act? Delhi High Court Appoints Sr Adv Hariharan As Amicus Curiae

The Delhi High Court has appointed Senior Advocate N. Hariharan as amicus curiae to assist it in deciding as to how can a special court be constituted to try offences under Rights of Persons with Disabilities Act, 2016. Justice Swarana Kanta Sharma also sought Hariharan’s assistance on how “speedy and fair trial” for the differently abled persons can be ensured and how “judicial...

[S.256 CrPC] Advocate's Mistake Should Not Prejudice Party's Rights: Calcutta HC Sets Aside Acquittal In Cheque Dishonour Case

Opining that the rights of a party should not be prejudiced due to an inadvertent mistake made by the advocate representing the party, the Calcutta High Court on Friday set aside an order of acquittal for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act. Justice Ananya Bandyopadhyay observed,“A mistake on the part of the learned advocate representing...

Court's Patience Should Not Be Treated As Its Weakness: Kerala High Court Warns Govt On Issue Of Unauthorized Banners In Public Places

The Kerala High Court today directed the Secretary of Industries Department to file an affidavit before 1.45 PM on Wednesday, in the matter pertaining to illegal installation of boards and banners at public places in the State. It added that on failure of the Secretary to do so, he ought to be present in person to give explanation for the same. Justice Devan Ramachandran, observed, "This...

Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC

The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law. The petitioner had filed an application under the Right to Information Act before the Commission seeking certain information. Following the affidavit...

Insurer Can't Claim Exemption In Absence Of Material To Show Claimant Was A 'Gratuitous Passenger': Gauhati High Court

The Gauhati High Court today upheld the order of the Motor Accidents Claims Tribunal awarding compensation to a person by holding him a ‘non-gratuitous’ passenger. The claimant was travelling in a truck, the driver of the vehicle lost control and knocked one stationary vehicle and one electric pole. The claimant sustained serious injuries on his left upper limb and subsequently...

'Accused In Custody For 5 Years' : Supreme Court Points Out To NIA While Hearing Bail Applications In Bhima Koregaon Case

The Supreme Court, on Monday, at the request of National Investigation Agency (NIA), directed the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to be deferred to a Non-Miscellaneous day (Wednesday).A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia was hearing the bail applications of...

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child.A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty dismissed the appeal filed by...

Victoria Gowri Case : Has Supreme Court Ever Quashed HC Judge's Appointment Before Oath-Taking? Yes, Only Once

In the entire history of the Supreme Court, there is only a single precedent of it quashing an appointment of a High Court judge, after finding that the person recommended was ineligible. That extraordinary action happened in the 1992 case Kumar Padma Prasad vs Union Of India And Ors 1992 2 SCC 428, where the Supreme Court quashed the appointment of one K.N. Srivastava as a judge of the...

Land Shown As Common Area Belongs To Flat Owners, Builder Cannot Sell It: Madras High Court

The Madras High Court has recently observed that when a land is shown as a common area and is developed as a common facility, it belongs to the flat owners of the building.Once the land is shown as a common area and common facility is developed, the land will belong to the owners of such common facility. If there is a mistake in the calculation of the (undivided share) UDS, it has got to...