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Genuineness Of Document Has To Be Proved By Plaintiff Who Relies Upon It, Then It Is On Defendant To Discredit It: Chhattisgarh High Court
The Chhattisgarh High Court recently reiterated that the genuineness of the document has to be proved by the plaintiff who relies upon the document. After that, it is for the defendants to dislodge the document's credibility as a fake, sham and bogus document. Justice Narendra Kumar Vyas observed,"It is well settled legal position is that initial onus is always upon the plaintiff to prove...
Let's Decide On Being Respectful Towards Everyone: Bombay High Court On Narayan Rane's "Slap CM" Remark
The Bombay High Court on Thursday asked the Maharashtra Government if it was willing to make a statement not to take coercive action against Union Minister Narayan Rane in an FIR registered in Dhule over a slap remark against Uddhav Thackrey, Chief Minister of Maharashtra. While the State will inform the bench comprising Justices PB Varale and SM Modak tomorrow, the High Court told...
'Police Leaking Privileged Communication Between Advocate & Clients' : Lawyer's Complaint Before Bar Council
A lawyer has filed a complaint before the Bar Council of Kerala seeking appropriate legal action against the police officers who allegedly leaked privileged communication between lawyers and their clients in the cases involving actor Dileep. This is in light of the reports that suggest that calls between Senior Advocate B. Raman Pillai who represents the actor in most cases and Dileep's...
Orders Passed By Divisional Commissioner U/S 60 Maharashtra Police Act Are Quasi-Judicial, Must Be Supported By Reasons: Bombay High Court Full Bench
A full bench of the Bombay High Court on Thursday held that the Divisional Commissioner's orders on externment under the Maharashtra Police Act, 1951 are not administrative orders but are quasi-judicial in nature and the officer is duty-bound to give reasons for the same. Consequently, the matters challenging the order passed under Section 60 of the Maharashtra Police Act, 1951 would...
Arbitrators Raising Fees In The Middle Of Arbitration May Amount To Misconduct, Supreme Court Says During Hearing
The Supreme Court on Thursday continued hearing on the issue of fixation of standards for fees for arbitrators. The bench of Justices D. Y. Chandrachud, Sanjiv Khanna and Surya Kant were considering the issue regarding the mandatory nature of the 'model' fee scale for arbitrators prescribed under the Fourth Schedule of the Arbitration and Conciliation Act 1996. In the hearing...
Girl Who Had Inter-Caste Marriage Abducted From Advocate's Chamber: Allahabad HC Orders SSP/SP To Look Into 'Unfortunate' Matter
Calling it an unfortunate issue, the Allahabad High Court on Wednesday directed the Senior Superintendent of Police, Prayagraj / Superintendent of Police, Jaunpur to produce the girl who had an intercaste marriage and was abducted from the chamber of the advocate forcefully.The Bench of Justice Umesh Kumar was essentially dealing with the protection plea filed by a Girl who recently married a...
State Govt Can't Cause Impediment In Process Of NCTE To Grant/ Refuse Recognition To Institutes Upon Satisfaction Of Norms: Delhi High Court
The Delhi High Court has observed that while it is for the National Council for Teacher Education (NCTE) to grant or refuse recognition to the institutes upon satisfaction of all the norms laid down, the State Government, though is to be consulted, cannot cause an impediment in such process.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla added that...
Section 482 CrPC- Criminal Proceedings Cannot Be Quashed Merely Because Complaint Was Lodged By Political Rival: Supreme Court
The Supreme Court observed that criminal proceedings cannot be quashed under Section 482 of the Cr.P.C. only because the complaint was lodged by a political rival.The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings, the bench comprising Justices Indira Banerjee and AS...
BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court
The Supreme Court, on Thursday, accepted the suggestion made by Amicus Curiae Senior Advocate KV Vishwanathan that persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council and to appear in the All India Bar Examination (AIBE), and that upon clearing the AIBE, they can be given a period of 6 months to decide whether to join legal profession...
Once Suit For Permanent Injunction Stood Decreed, Executing Court Cannot Render Said Decree Nugatory: Punjab And Haryana High Court
Punjab and Haryana High Court on April 18, 2022, while dealing with a civil revision petition under Article 227 of the Constitution of India for setting aside an order passed by the Trial Court, held that once a suit for the permanent injunction was decreed the same cannot be declared nugatory by the Executing Court stating that the petitioner ought to file a suit...
Manifest Intention To Arbitrate Is A Sine Qua Non For Filing An Application Under S.9 Before The Commencement Of The Arbitration: Madras High Court
The High Court of Madras has held that manifest intention to arbitrate is a sine qua non for filing an application under S. 9 before the commencement of the arbitration. No interim relief can be granted if the intention to arbitrate is missing. The Single Bench of Justice M. Sundar held that manifest intention to arbitrate is a jurisdictional fact that must precede the application...
