Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC

The Delhi High Court has observed that at the stage of framing of a charge, the probative value of materials on record cannot be gone into and that such material brought on record by the prosecution has to be accepted as true at that stage. Justice Rajnish Bhatnagar added that it is not obligatory for the judge at the stage of framing of charges to consider in detail and weigh in a...

"Greed, Acrimony & Deceit": Bombay HC Dismisses Contempt Plea Of Man Who Prima Facie Played Fraud On Supreme Court & High Court For Property

Observing that "greed, acrimony and deceit" are clear from the son's conduct, the Bombay High Court dismissed the contempt petition he filed against his parents in connection with a property dispute and directed him pay them cost of Rs. 50,000. The petitioner son -Manoj Kumar Dalmia- alleged non-compliance of consent terms he allegedly signed with his parents, giving him more than...

Trademark Infringement: Delhi High Court Grants Interim Injunction In Favour Of Khadi & Village Industries Commission

The Delhi High Court has granted interim injunction in favour of Khadi & Village Industries Commission in a trademark infringement suit observing that the use of the word 'KHADI' as mark, trading style and corporate name by the defendants was illegal and unlawful. Justice Pratibha M Singh was dealing with a suit filed by the Plaintiff-Commission, registered proprietor of various word...

Himachal Pradesh High Court Directs Periodic Examination Of Leprosy Home Inmates At State Expense

The High Court of Himachal Pradesh on March 21 directed the State Government to periodically get all the inmates of Leprosy Home at Phagli, Shimla, medically examined and provide them medication at State's expense. The Court also directed the State not to charge any amount towards rent, electricity and water from the inmates of Leprosy Home, as the State being a Welfare State is under...

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody

The Madhya Pradesh High Court, Indore Bench recently refused to interfere in a matter related to custody of a child, holding that an adopted child cannot be handed over to his biological parents without enquiring whether the child has any knowledge of his parentage. The Court further noted that family courts are appropriate forums for such enquires since they are well equipped for...

Does Minor's Severance From Hindu Undivided Family Take Place On Mere Filing Of Partition Suit Which Got Dismissed For Default?Bombay High Court To Examine

The Bombay High Court is set to decide a complex position in law – will mere filing of a Partition Suit by a minor family member amount to severing of ties from a Hindu Undivided Family even if the Suit is eventually dismissed for non-prosecution while the plaintiff was still a minor, or should that minor be considered a part of HUF. The question has come up in a case where...

Pregnancy Caused By Rape May Constitute Lifelong Mental Agony, Pose Socio-Economic Problems: Gujarat High Court Grants Relief To Minor

The Gujarat High Court recently allowed the plea of a minor rape victim to terminate her 6 weeks old pregnancy, on the ground that if pregnancy continues, it would cause lifelong mental agony to the her coupled with socio-economic problems."Petitioner is pregnant because of forcible rape by the accused...because of continuation of pregnancy, it would cause or constitute a grave injury to...

"Heinous Crime": Delhi High Court Denies Bail To Woman Accused Of Trafficking Minor

The Delhi High Court has denied bail to a woman accused of trafficking a minor tribal girl aged 14 years, noting that it was unfortunate that an innocent girl of tender age was subjected to heinous crimes and was severely abused, exploited and tortured by several people."The offences under Sections 370 and 376 of the I.P.C are grave and serious in nature and have adverse social implications....

'Courts Can't Trench & Pick Holes In The Academic Pasture' : Kerala High Court Dismisses Plea Moved By 92 MBBS Students

The Kerala High Court on Monday reiterated that courts should steer away from replacing its views in the place of expert opinion in academic matters. Justice Raja Vijayaraghavan V observed that it is not the domain of courts to trench in the academic pasture and pick holes in it and that it is better to give preference to the opinion of experts in the field in such matters. "It is not the...

Disability Rights - Suggestions Invited For Draft Guidelines To Ensure Access For Disabled In Colleges, UGC Tells Supreme Court

The University Grants Commission has informed the Supreme Court that it has published draft guidelines to ensure access for persons with disabilities in higher educational institutions and has invited suggestions from stakeholders.On Monday (14th March), in a Miscellaneous Application in a Public Interest Litigation ("PIL") filed for the benefit of persons with disability as defined under...

Frame A Scheme For Allotment Of Houses In Public Quota For Lower-Income Young Advocates: Madras High Court Orders State

Considering the predicament of lower-income young practising advocates, Madras High Court has tabled a proposition to frame a scheme for allotment of houses in public quota on a rental basis for them.Justice Krishnan Ramasamy has directed the Tamil Nadu Housing Board and State Government to frame the scheme in consultation with TN & Puducherry Bar Council by giving preference to...

Regional Labour Commissioner Cannot Exercise Adjudicatory Powers In Proceedings Under Sec. 33(1) Of Industrial Disputes Act: Delhi High Court

The Delhi High Court has observed that the Regional Labour Commissioner has limited powers in proceedings under sec. 33C(1) of the Industrial Disputes Act, 1947 and cannot exercise adjudicatory powers to ascertain whether the benefits claimed were due in the first place or not. Justice Pratibha M Singh was dealing with a petition challenging the orders dated 30th October, 2019, 27th July,...