Incapacity To Work Has To Be Determined With Reference To Sole Occupation Of Person As On Date Of Motor Accident: Karnataka High Court

The Karnataka High Court has said that a person who is a driver by profession if loses complete vision of one eye in a motor accident, then he would not be able to continue his profession of driving, thus it would have to be considered as permanent physical disability and 100% loss of earning capacity. A Single Judge bench of Justice Pradeep Singh Yerur while partly allowing the...

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge (Family Court), directing him to pay monthly...

Mere Registration Of FIRs By Itself Can't Have Nexus With Breach Of "Public Order": Gujarat High Court Quashes Preventive Detention

Drawing a distinction between the term 'public order' and 'law and order'', the Gujarat High Court has held that mere registration of FIR/s against an accused person does not mean he is a threat to the society or disturbs all social apparatus.A Bench comprising Justice SH Vora and Justice Sandeep Bhatt observed,"Simplicitor registration of FIR/s by itself cannot have any nexus with the...

Sale Of Counterfeit Products Has Become Prolific On Internet, Needs To Be Arrested To Protect Customers, Trademark Owners: Delhi High Court

The Delhi High Court has observed that the sale of counterfeit or knock-off products has become prolific on the internet, which needs to be arrested in order to protect the owners of the trade marks as also the customers who purchase such products.Justice Pratibha M Singh made the aforesaid observation while dealing with a trademark infringement suit filed by Sirona Hygiene Private...

Pledge Allegiance To Constitution, Swear That You Don't Believe In Maoist Ideology: Madras High Court Imposes Condition For Bail

The Madras High Court recently granted bail to an alleged Maoist on a condition that he shall swear an affidavit, stating that he owes faith and allegiance to the Constitution of India and that he does not believe in the Maoist ideology or the ideology of the CPI(M). He shall also state that he does not believe in violence as an ideology and would do nothing to subvert the Constitution...

Sexual Offences: Delhi High Court Seeks Report From DSLSA Over Payment Of Compensation To Victims

The Delhi High Court has sought details from the Delhi State Legal Services Authority (DSLSA) regarding payment and non payment of compensation to victims in relation to the FIRs pertaining to sexual offences.Justice Jasmeet Singh was dealing with a bunch of pleas wherein a predecessor bench had earlier sought to streamline the process of supplying FIRs pertaining to commission of sexual...

'Tareekh Pe Tareekh' Sought Despite Specific Directions: MP High Court Directs Centre To Release Compensation To Senior Citizens For Resuming Their Property

The Madhya Pradesh High Court, Indore Bench recently directed the Union of India to release the amount of compensation awarded to Petitioners, senior citizens, for their Bungalow that was resumed by the Ministry of Defence for their own purposes. The Court observed that the Union of India was dragging its feet in paying the amount to the Petitioners despite its specific directions to...

Moynaguri Sexual Assault: Calcutta HC Recommends Police Investigation Supervised By Senior IPS Officer As Victim's Father Opposes CBI Probe

A Division Bench of the Calcutta High Court on Wednesday interacted in person with the father of the deceased minor victim upon whom an attempt to rape had been committed at Moynaguri in West Bengal last month. The purpose was to ascertain whether his request to now allow a CBI investigation in the matter is out of his own free will or due to political pressure. The minor victim girl who had...

Insurer Can't Use Definition Of "Terrorism" In Penal Laws To Repudiate Claim When Exclusion Clause Exhaustively Defines It : Supreme Court

The Supreme Court has held that the terms in the exclusion clause in an insurance policy will govern the parties and that the insurer cannot rely upon definitions in external sources such as statutes to repudiate a policy."When the policy itself defines the acts of terrorism in the Exclusion Clause, the terms of the policy being a concluded contract will govern the rights and liabilities of...

Supreme Court Expresses Alarm At Criminal Appeals Pending In High Courts For Decades; Seeks Suggestions From Centre

Expressing alarm at the pendency of criminal appeals in High Courts for over three to four decades, the Supreme Court, on Wednesday, sought suggestions from the Union Government to tackle pendency. A Bench comprising Justices L. Nageswara Rao and B.R. Gavai was apprised that in Madhya Pradesh High Court there are appeals which are pending for 20-30 years and the oldest appeals...

"Defamatory": Delhi High Court Directs Twitter To Take Down 5 More Tweets Posted By Historian Audrey Truschke Against Vikram Sampath

The Delhi High Court has directed micro blogging site Twitter to take down five more tweets posted by historian Audrey Truschke against historian Dr. Vikram Sampath over alleged plagiarism with respect to his two-volume biography of Vinayak Damodar Savarkar.Justice Amit Bansal was of the view that the tweets in question were defamatory in nature and that there was a link posted in the said...

Trees Only Hope Of Environmental Redemption In Commercialized Cities, Must Not Be Cut Needlessly: Delhi High Court

The Delhi High Court has observed that trees hold out as welcome and assuring living entities of hope, sanity, environmental redemption and even companionship and that they must not be allowed to be cut needlessly or wantonly. Justice Najmi Waziri observed thus:"In this capital city with its ever-bourgeoning populating, the cacophony of voices and rampant commercialization of every other...