S.47 Indian Registration Act Most Misused Law, Retrospective Effect Of Registered Sale Deed Requires Cumulative Analysis Of All Evidence: Madras HC

The Madras High Court has recently held that while dealing with the aspect of "retrospective effect" under the Indian Registration Act, the courts shall not go by retrospective operations in simpliciter, as stated in the said Section, but consider all the attentive circumstances. These may relate to the purchase of stamp paper and the evidence of description, if any, presence of...

Install Bird Diverters In Power Lines By July 20 : Supreme Court Directs Gujarat & Rajasthan To Protect Great Indian Bustard

The Supreme Court has directed the power producers in Gujarat and Rajasthan to take necessary steps to ensure timely completion of installation of bird diverters in power transmission lines to protect the endangered birds Great Indian Bustard and Lesser Florican from deaths due to collision.The Top Court also directed the States of Rajasthan and Gujarat as well as all power producers in...

Take Corrective Measures So Accused Can't Cite Poor Medical Facilities To Seek Bail: Bombay HC To Jail Authorities On Dismissing Varavara Rao's Plea

The Bombay High Court has issued certain directions for improving prison conditions and medical facilities therein, so that complaints of Bhima Koregaon accused Varavara Rao as well as those made by other prison inmates are addressed, and there is no scope for them to seek bail on those grounds in the future. "If the strict view of the matter is not taken and appropriate directions...

Accused May Examine Complainant As A Witness To Disprove His Case In Proceedings U/S 138 NI Act: Madras High Court

While setting aside the order of a lower court, the Madras High Court recently allowed an accused under Section 138 of the Negotiable Instruments Act to examine complainant's side of witnesses. Justice G.K Ilanthiraiyan sitting at Madurai observed,"Accused has the right to demonstrate that the complainant in a particular case did not have the capacity and therefore, the case of the accused...

To Claim Backwages, Dismissed Employees Must Plead That They Were Not Gainfully Employed; Only Then Burden Shifts To Employer : Supreme Court

The Supreme Court, on Friday, held that an employee whose services are terminated and who is desirous of getting back wages is obligated to either plead or at least make a statement at the first instance that they were not gainfully employed or was employed on lesser wages after being dismissed from service. It added that only then the burden would shift to the employer to...

S.14 Arbitration Act Does Not Confer Power On Court To Expunge Any Part Of Arbitral Tribunal's Order: Delhi High Court

The Delhi High Court has observed that a petition filed under sec. 14 of the Arbitration and Conciliation Act, 1996 does not confer any power on the Court to expunge any part of the order of the Arbitral Tribunal.Justice Sanjeev Sachdeva was dealing with a plea filed under sec. 14(2) read with sec. 15 of the Arbitration and Conciliation Act seeking termination of the mandate of the...

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court...

'Reasonableness Tempered With Mercy': Gujarat HC Removes Ban On Woman From Appearing In Any Competitive Exam For 3 Yrs For Alleged Unfair Means

In huge relief to a 29-year old woman bearing the responsibility of her ailing mother while simultaneously trying to build her career, the Gujarat High Court has removed the ban imposed on her by the State Subordinate Services Selection Board, precluding her from appearing in any competitive exam for three years. The coercive measure was taken against the woman after she was found carrying...

Delay In POCSO Cases Benefits Accused, Minor Victim May Forget Incident With Passage Of Time: Bombay HC Issues Directions For Expeditious Trial

The Bombay High court recently in the course of a bail application opined that delay in trials in cases of sexual abuse often leads to re-victimization and ignominy, as the trial process itself makes the victim re-live the horrific experience and in cases of small children, due to their vulnerability, it may lead to further trauma. Single judge Revati Mohite Dere said, "this Court...

Bidder Can't Seek For Deviation From Tender Document Which Has Been Accepted On His Own Accord: Delhi High Court

The Delhi High Court has observed that when participating in the tender, a bidder cannot seek for deviation from the tender document which has been accepted on his own accord. Justice Subramonium Prasad added that it goes against contractual obligations steeped in accepting such a tender, and therefore, violates the principles under Article 14 of the Constitution with respect to other...

No Leniency To Employee Merely Because He Deposited Defrauded Amount And No Loss Was Caused To Department : Supreme Court

While setting aside the order substituting the removal of an employee to that of compulsory retirement, the Supreme Court observed that punishment imposed by a disciplinary authority can't be substituted merely on grounds that the employee had voluntarily deposited the defrauded amount."Being a public servant in the post office, the delinquent officer was holding the post of trust. Merely...

Kerala High Court Asks Travancore Devaswom Board To Take Over Sabarimala Virtual Queue Services

The Kerala High Court on Friday ruled that the control over the virtual queue system for Sabarimala darshan should be transferred from the Kerala Police to the Travancore Devaswom Board. A Division Bench comprising Justice Anil K. Narendran and Justice P.G Ajithkumar delivered its verdict in a suo motu case and two petitioners, including one Public Interest Litigation (PIL) challenging...