Kerala High Court Urges Authorities to Expedite Action To Mitigate Human-Wildlife Conflicts

The Kerala High Court recently asked the concerned authorities to speed up the process of implementing the guidelines proposed to deal with human-animal conflict in the State. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that though proposals had already been introduced to deal with the issue, they were yet to be implemented in practice."In as much as...

Motor Accident | Literate Claimants Can Exercise Discretion, Tribunals Must Avoid Investing Their Money In FDRs Without Recording Reasons: Gujarat HC

The Gujarat High Court has permitted the premature withdrawal of Fixed Deposit Receipt of the compensation awarded in Motor Accidents Claims to an Air Force person who intended to purchase a house for his permanent residence. Justice Gita Gopi stated: "The deposited money are of the claimants. The literates can prudently exercise discretion, manage their funds and can individually...

Plastic Bottles Make Water Poisonous, Harm Environment: Madras High Court Asks Centre To Find Alternatives

Expressing concern over the distribution of water in public places through plastic bottles and bubble top cans, the Madras High Court has directed the Central government to come up with effective alternative packaging solutions.The bench of Justices S Vaidyanathan and PT Asha was hearing a pleas relating to "plastic ban" in the State. It observed, "insofar as drinking water stored in...

Years Of Service Alone Does Not Entitle A Daily Wager To Regularization, Eligibility To The Post Paramount Consideration: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh recently ruled that the completion of seven years of continuous service alone would not entitle a daily wager for regularization, unless other eligibility conditions were fulfilled. A bench comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani was hearing an appeal against the single bench judgment passed in favour of...

Sexual Harassment Complaint Will Not Prima Facie Stand When Woman Was Wearing Sexually Provocative Dress : Kerala Court In Bail Order

While granting anticipatory bail to author and social activist Civic Chandran in a sexual harassment case, a Kerala Court observed that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses'.The 74-year-old accused had produced the photographs of the woman along with the bail application."The...

Disclosure Statement Of Co-Accused U/S 27 Evidence Act Not Legal Evidence Qua A Non-Maker Accused: Bombay High Court

The Bombay High Court has recently observed that a disclosure statement made by a co-accused under Section 27 of the Evidence Act is not legal evidence qua a non-maker accused.The bench of Justice Nijamoddin Jahiroddin Jamadar observed thus while granting bail to one Raju Jokhanprasad Gupta in a case registered against him under Section 307 of IPC [Attempt to murder].The case (as alleged)...

"Should Discussions On Human Rights Be Limited To Symposiums, Webinars? Ground Level Work Required": Supreme Court

The concept of human rights is being limited to webinars and symposiums and does not see proper implementation at ground level, the Supreme Court of India lamented on Tuesday. "Human rights and all these are things are said in discussions and symposiums. Are we not required to do it in the ground level?", a Division Bench of Justices Dinesh Maheshwari and Krishna Murari orally...

When There Are Contradictory Dying Declarations, Which One To Accept? Supreme Court Answers "Difficult Question"

In a case of conflicting dying declarations, the Supreme Court relied on the one recorded after a medical examination with regard to the fitness of the deceased.The Court explained the "difficult question" before it as follows :"In the present case, we are faced with two dying declarations, which are totally inconsistent and contradictory to each other. Both are recorded by Judicial...

When Liability Admitted, Arbitration Clause Is Not A Bar To Entertain Writ Petition: Patna High Court

The High Court of Patna has held that arbitration clause is not a bar to the maintainability of a writ petition when the liability to pay is not disputed by the respondent. The Division Bench of Justice Chakradhari Sharan Singh and Justice Madhresh Prasad held that once the liability to pay is admitted by the respondent, there remains no dispute that can be referred to...

Exclusive Jurisdiction Is Good For Civil Suits, Can't Supersede The Seat Of Arbitration: Jharkhand High Court

The Jharkhand High Court has held that merely because exclusive jurisdiction has been conferred on a different court, the same cannot amount to contrary indicia and the venue of arbitration would still be the seat of arbitration. The Bench of Justice Sujit Narayan Prasad held that exclusive jurisdiction clause cannot supersede the designation of venue/seat of...

Maternity Leave Under CCS Rules Can't Be Denied Because Woman's Husband Has Two Children From His Previous Marriage : Supreme Court

The Supreme Court, on Tuesday, held that a woman cannot be declined maternity leave under the Central Services (Leave Rules ) 1972 with respect to her biological child on the ground that her spouse has two children from his earlier marriage.According to Rule 43, only a female employee with less than two surviving children can seek maternity leave. In this case, the woman's husband...

Sports Administration Not A Male Preserve, Women Presence In Sporting World Must Be Acknowledged: Delhi High Court

Observing that women participation in sporting events and their victories is as much a matter of pride and joy, as the victories of their male counterparts, the Delhi High Court has said that significant presence of women in the sporting world must be acknowledged.The Court made the observation while noting that in all its 95 years of existence, the Indian Olympic Association (IOA) never had...