Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench

The Supreme Court on Monday posted before a three-judge bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate.The bench of Justices D. Y. Chandrachud and Surya Kant was...

Insurance Company Not Liable To Indemnify Award When Driver Of Offending Vehicle Did Not Have Valid License : Gujarat High Court

An insurance company cannot be held liable for indemnity if the driver of the offending vehicle does not have a valid license on the date of the accident, Gujarat High Court has held. In an appeal filed against an order of Motor Accident Claims Tribunal which had held that the insurance company would be liable to indemnify an award for accidental damage even if the license of the...

Cancellation Of Bail Justified Where Court Fails To Consider Relevant Factors Like Nature Of Accusation, Material Collected During Investigation: Supreme Court

The Supreme Court of India has observed that where a Court while considering an application for bail fails to consider the relevant factors, an Appellate Court may justifiably set aside the order granting bail.According to the Bench, the Appellate Court is required to consider whether the order granting bail suffers from a non­-application of mind or a prima facie view from the...

Calcutta High Court Seeks State's Response In PIL Seeking Regular Maintenance And Preservation Of Maidan

The Calcutta High Court on Monday sought response from the State government in a Public Interest Litigation (PIL) petition seeking directions for regular maintenance and preservation of the Brigade Parade Ground and adjoining greens popularly known as the Maidan which is considered to be the lungs of the city. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj...

"Drug Menace Touching New Heights In Punjab, State Police's Approach Casual": Punjab And Haryana High Court

While allowing bail plea filed in connection with a drugs case, the Punjab and Haryana High Court recently rapped the Punjab Police for their "callously casual approach" towards their official duty even when the drug menace has become a deep-rooted in the state of Punjab.The Bench of Justice Meenakshi I. Mehta made this observation as it noted that in the Status reports/Reply filed in the...

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC

The Delhi High Court recently dismissed a Revision Petition filed against an order of the Additional Sessions Judge framing the charge of murder against the accused-revisionist. It held that at the stage of framing charges, the Court need not consider the probative value of the evidence. A prima facie view of the materials on record is sufficient for framing charges. Justice...

Kerala High Court Temporarily Defers Centre's Ban On News Channel MediaOne

The Kerala High Court on Monday deferred the order issued to popular Malayalam news channel MediaOne by the Ministry of Information and Broadcasting revoking its license to broadcast till the next hearing date.Justice N. Nagaresh posted the matter to be considered on Wednesday and issued notice to Planetcast Media Services Ltd, the third respondent. (Planetcast Media Services is the...

"This Has To Stop, Message Must Go Loud & Clear": Supreme Court Refuses To Waive 25L Cost Imposed For Levelling Baseless Allegations Against HC

The Supreme Court today refused to entertain an application seeking waiver of 25 lakhs cost imposed on an applicant who had made allegations against the Uttarakhand High Court and High Officials of the State Government in a case related to sale of assets of Khasgi (Devi Ahilyabai Holkar Charities) Trust of Indore, Madhya Pradesh.While directing the applicant to deposit the cost as per the...

Jharkhand High Court Dissatisfied With Steps Taken By State Govt To Increase Fauna In Forests

The Jharkhand High Court recently expressed dismay over with the State over its unsatisfactory response in an ongoing suo moto PIL on the 'pathetic situation' of wildlife sanctuaries and reserves and declining number of wildlife animals in the forests of the State. On perusing the affidavit submitted by the State on the action plan for increasing fauna in the forests of the State, the...

Liquidated Damages Over & Above Actual Damages Cannot Be Awarded By Sole Arbitrator: Delhi High Court

The Delhi High Court observed that in breach of a contract, if the actual damages have been ascertained then the sole arbitrator is not justified in granting liquidated damages over and above such actual damages.The Bench comprising of Justice Navin Chawla and Justice Manmohan observed,"In the present case as the actual damages suffered by the respondent were proven and accepted by the...

'Did Not Involve In Any Anti-National Activity': News Channel MediaOne Moves Kerala High Court Against Centre's Ban

Popular Malayalam news channel MediaOne has filed a writ petition before the Kerala High Court on Monday seeking to set aside an order issued by the Ministry of Information and Broadcasting revoking its license.They have also sought a stay on the order pending disposal of the petition. This comes a few hours after the Ministry suspended the telecast of MediaOne citing security concerns....

Order XXIII Rule 1(4) CPC Not Applicable To Application Challenging Arbitral Award U/S 34 Arbitration & Conciliation Act: Patna High Court

The Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is not a suit. Thus, the provisions of Order XXIII Rule 1(4) of the Civil Procedure Code, 1908 pertaining to withdrawal of suit shall not apply. Justice Anil Kumar Sinha rejected the petitioner's argument that liberty to file a fresh application...