Motor Accident Claimant Not Required To Prove Ownership Of Driver Over Offending Vehicle: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that the test in the Motor Accident Claims Tribunal (MACT) cases is not 'beyond reasonable doubt' but 'preponderance of probabilities' and that a claimant is not required to prove ownership of the driver over the offending vehicle.The bench comprising Justice Pankaj Jain further added that the result of criminal case pending against the...

Supreme Court Registry Faces Court's Ire Again For Deleting Case From List; Justice Chandrachud Asks "Is Registry The Judge?"

On Monday, Supreme Court Judge, Justice D.Y. Chandrachud expressed displeasure upon being apprised that the Supreme Court Registry has deleted a matter, that was listed, from the Monday Board. As Item No. 2 was heard, the Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna called out Item No. 3, only to be informed by the Court Master that the matter had been deleted by...

Orissa High Court Denies To Discharge Persons Accused Of Making Violent Ruckus At Residence Of CM's Private Secretary

The Orissa High Court has denied to discharge a number of persons accused of forcefully entering and causing damage to properties at the official residence of Mr. V.K. Pandian, IAS & Private Secretary to the Chief Minister of Odisha Mr. Naveen Pattnaik. While upholding the order of the Trial Court, a Single Judge Bench of Justice Sangam Kumar Sahoo observed, "After going through...

Court Must Be Satisfied Of Prima Facie Case Against Accused While Framing Charges, Reasons Not To Be Recorded: Gujarat High Court

The Gujarat High Court has held that only a prima facie involvement of the accused in an alleged crime is required for framing of charges and the Court need not make an evaluation of evidence or record reasons for the same.Justice Samir Dave referred to Omwati Vs. State (Delhi Administration) 2001 AAR 394 (SC) to reiterate the circumstances in which the Court may discharge the...

Shiv Sena MP Sanjay Raut Remanded To Judicial Custody Till August 22 In Patra Chawl Scam Case

A Special PMLA Court on Monday remanded Shiv Sena MP Sanjay Raut to judicial custody in the Patra Chawl Scam case till August 22.Special Judge MG Deshpande passed the order after the ED did not seek his further custody and sought for him to be remanded in judicial custody instead. After noting his health condition, the court directed prison officials to produce the MP before the Arthur...

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC

"The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster," the Delhi High Court has observed. Justice C Hari Shankar further added that if the High Court starts interfering with the orders passed by district judiciary in exercise...

Plea In Supreme Court Challenges Allahabad HC's Order Dismissing PIL To Ascertain Nature Of Structure Found In Gyanvapi Mosque

A Plea has been moved before the Supreme Court challenging the order of the Allahabad High Court dismissing a Public Interest Litigation (PIL) that sought the appointment of a committee/commission headed by a judge of the high court or supreme court (present/retired) to study the nature of the structure found in the Gyanvapi campus.It may be noted that the PIL plea in question was moved...

Summary Termination Of Services On Registration Of FIR Without Adopting Due Procedure Violates Principles Of Natural Justice: Himachal Pradesh HC

The Himachal Pradesh High Court recently observed that termination of an employee from service summarily, merely on account of registration of FIR and without conducting proper inquiry, violates principles of natural justice. The observation came from Justice Satyen Vaidya: "Thus, the termination of the petitioner summarily without adopting due procedure and was clearly in violation...

BREAKING| Supreme Court Protects Times Now Anchor Navika Kumar From Coercive Action On FIRs Over Nupur Sharma's Comments On Prophet

The Supreme Court on Monday granted interim protection to Times Now anchor Navika Kumar from the multiple FIRs/complaints registered over the remarks made by Nupur Sharma about Prophet Muhammed in a channel show and future FIRs/complaints which may be registered on the same issue.A bench comprising Justices Krishna Murari and Hima Kohli passed this interim order while issuing notice on the...

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. The court can take into account the hardship such direction may cause to a party. Justice Arindam Lodh observed: "We have...

'Can't Entertain Plea To Declare Minorities At District Level', Supreme Court Tells Petitioner Seeking Minority Status For Hindus In Some States

The Supreme Court of India on Monday orally observed that it cannot entertain a prayer to identify religious and linguistic minorities at district level, as it is contrary to the precedents which hold that such identification must be carried out at State level.A Bench of Justices UU Lalit and Ravindra Bhat was considering a writ petition filed by Devkindan Thakur challenging a 1993...

Karnataka HC Directs State Wildlife Board To Reconsider Proposal To Declare Hesaraghatta Grassland As "Reserve"

The Karnataka High Court has directed the State Board for Wildlife to reconsider the proposal submitted by Chief Conservator of Forests for declaring Hesaraghatta Grassland as Conservation Reserve. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty allowed the petitions filed by Vijay Nishant and others and quashed the order dated 19.01.2021...