Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

The Court added that the power of general control is confined only to matters of administration

Supreme Court Monthly Round-Up April 2022

1. Power Of Attorney Must Be Construed Strictly; Agent Can't Sell Without Express Authorisation : Supreme Court Case Title: Umadevi Nambiar Vs Thamarasseri Roman Catholic Diocese | CA 2592 of 2022 Citation: 2022 LiveLaw (SC) 338 The Supreme Court observed that the power to sell is not to be inferred from a document of Power of Attorney which has to be...

Prefer Virtual Recording Of Testimonies Of Victims Of Child Trafficking Cases : Supreme Court To Trial Courts

While hearing the matter pertaining to the virtual recording of testimonies of child victims/witnesses in cases of inter-state child trafficking, the Supreme Court, on Monday, directed the Trial Courts to give preference to recording of evidence of children at the remote point through video conferencing, especially in those child trafficking cases which have been identified to be...

Fundamental Rights Of Armed Forces Cannot Be Curtailed Unless It Is Required To Ensure Proper Discharge Of Their Duties: J&K HC Declares Rule 129 Of BSF Rules Ultra Vires The Constitution

Jammu and Kashmir High Court recently declared Rule 129 of Border Security Rules ultra vires the Constitution of India while observing that the parliament cannot curtail the Fundamental Rights of the Armed Forces unless it is required to ensure proper discharge of their duties. Justice Sanjeev Kumar observed that after a bare reading of the Rule it doesn't seem that it is aimed to...

Telangana High Court Live Streaming Rules Approved By Chief Justice, State Govt Asked To Publish It In Official Gazette

The Telangana High Court has written to the State Government asking it to publish rules on Telangana High Court Live Streaming and Recording Of Court Proceedings in the official gazette.It was also informed to the Government that the Chief Justice of the High Court has approved the rules for Live Streaming of court proceedings and they shall be deemed to have come into effect on May 1,...

Court Fee In A Suit Seeking Cancellation Of Document To Be Computed Based On Value Shown In The Document: Kerala High Court

However, no separate court fee is payable in a suit for partition, the Court reiterated.

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-114]

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"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl

The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl had narrated her ordeal in words as well as in signs and had explained...

Proceedings U/S 145 CrPC Has To Be Discontinued If Civil Suit For Possession Or Declaration Of Title Of Same Property Is Pending: Allahabad HC

The Allahabad High Court (Lucknow Bench) has observed that where a civil suit for possession or declaration of the title in respect of the same property is pending, the proceedings under Section 145 CrPC are liable to be discontinued.The Bench of Justice Karunesh Singh Pawar also ruled that a Magistrate exercising jurisdiction under Section 145 CrPC cannot withdraw the proceedings upon...

Procedure For Search Under Immoral Traffic (Prevention) Act Is Directory & Not Mandatory: Madras High Court

The Madras High Court recently dismissed a criminal petition filed challenging the action taken by Police Authorities against the owners and manager of Willow & Spa and charging them under Sections 3(2)(a), 4(1), and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956. The bench of Justice AD Jagadish Chandira observed that the petition did not have any merits as the petitioners...

Court Can't Decide On Need For Constructing New Highways, Purely Policy Decision: J&K&L High Court

The Jammu and Kashmir High Court has dismissed a petition which challenged government land acquisition on ground that there is no need for constructing a new national highway as there already exists a highway which can be repaired and widened. The petition was dismissed by a division bench of Justice Moksha Khajuria Kazmi and Justice Pankaj Mithal observing: "The submission that...

Orissa High Court Monthly Digest: April 2022 [Citations 38-55]

Nominal Index: 1. Indrajit Sengupta & Anr. v. State of Odisha & Ors., 2022 LiveLaw (Ori) 38 2. Sri Gadadhar Barik v. Sri Pradeep Kumar Jena & Anr., 2022 LiveLaw (Ori) 39 3. Asha Hans v. State of Odisha & Ors., 2022 LiveLaw (Ori) 40 4. Krushna Prasad Sahoo v. State of Orissa & Ors., 2022 LiveLaw (Ori) 41 5. Rohita...