Allahabad High Court Dismisses Another PIL Seeking Postponement Of UP Assembly Polls Amid COVID Surge

The Allahabad High Court on Friday refused to entertain another Public Interest Litigation (PIL) plea seeking postponement of elections for the Uttar Pradesh Legislative Assembly (scheduled to be held in Feb-March 2022) in view of the COVID surge. The bench of Justice Attau Rahman Masoodi and Justice Suresh Kumar Gupta wasn't convinced to interfere on the basis of the ground raised in the...

Alleged Easy Character Of Wife Not Indicative Of Her Abetting Husband's Suicide, Mens Rea A Necessary Concomitant Of Instigation: Punjab & Haryana HC

If there is no prima facie case against the wife and no dying declaration or suicide note alleging the same, just the fact that she is allegedly a woman of easy character is not indicative of the wife abetting and inciting suicide of her husband, the Punjab and Haryana High Court has held. In a case pertaining to a husband committing suicide and snuffing the life of his son,...

Delhi Riots | Protests Were Inorganic, Meticulously Planned; Local People Used As Fodder: Prosecution Opposes Umar Khalid's Bail

Opposing Umar Khalid's bail in the Delhi riots larger conspiracy case, the prosecution on Saturday told a Delhi Court that the 2020 protest was neither organic nor women driven and that local people were used as fodder to increase public participation. Special Public Prosecutor Amit Prasad today also made common submissions opposing bail pleas of other accused persons in the case including...

Not Required To Show Prejudice, Where There Is Violation Of Fundamental Rights – Bombay High Court Directs Customs To Pay Rs. 2cr For 23 Year Delay

The Bombay High Court has directed the customs department to refund Rs 2 crore along with an interest of 12% per annum to a fabric-exporter due to the delay of 23 years in deciding a fraud case initiated against him. A division bench of the Chief Justice Dipankar Datta and Justice MS Karnik observed while setting aside the demand notice. "While the respondents' right in law...

Doctor's Opinion Is Relevant U/S 45 Of Evidence Act But It Can't Take Place Of Substantial Evidence: Madhya Pradesh High Court

The Madhya Pradesh High Court (Gwalior Bench) recently observed that the opinion of a doctor is relevant evidence under Section 45 of the Evidence Act, but it can rarely take the place of substantive evidence and it cannot be conclusive because it is only opinion evidence.The Bench of Justice Rajeev Kumar Shrivastava observed thus as it dismissed a criminal revision plea filed by one...

No Appeal Lies U/S 96 & 100 CPC Against A Mere Finding/Observation When The Decree Has Not Gone Against Appellant: Orissa High Court

The Orissa High Court has held that a party cannot file an appeal against a mere finding / observation of the Trial Court, when the decree has not in any way gone against such a party.Justice Debabrata Dash observed,"No Appeal lies against a mere finding. Section-96 and 100 of the Code provide for an Appeal against decree and not against judgment. No Appeal lies against a finding...

BREAKING| Kerala High Court Orders Dileep And Other Accused To Surrender Their Mobile Phones To Its Registrar General By 10.15 am On Monday

The Kerala High Court on Saturday directed actor Dileep and other accused to hand over six mobile phones to its Registrar General in a sealed box by 10.15 am on Monday in the alleged criminal conspiracy to kill police officers investigating the sensational 2017 sexual assault case.Justice Gopinath P. relying on the Supreme Court decision in State of Bombay vs Kathi Kalu Oghad & Ors and...

Final Relief Granted Need Not Be Natural Consequence Of Ratio Decidendi Of Judgment: Supreme Court

The Supreme Court observed that the final relief granted by it need not be the natural consequences of the ratio decidendi of its judgment.In this case, the MRTP commission dismissed a complaint filed by some home buyers (appellants) under Sections 36-A, 36-B(a) and (d), 36-D and 36-E read with Sections 2(i) and 2(o) of the MRTP Act. The buyers were aggrieved with the demand of extra charges...

S. 20 CPC| Company Presumed To Operate From Where Principal Office Is Located In Absence Of 'Exclusion Clause': Delhi High Court

The Delhi High Court has reiterated that for the purposes of determining territorial jurisdiction of Courts, a company is presumed to carry its business from where its principal office is located.In the present case, where the Defendant-company claimed to operate from Jaipur, Justice Yogesh Khanna further made it clear:"the company has its principle office at Delhi; this Court shall have...

Farmer's Death During Tractor Rally: Delhi High Court Issues Notice On Plea Alleging Anomaly In X-Ray Plates

The Delhi High Court on Friday issued notice on a plea alleging anomaly in the X-Ray plates of 26 year old Navreet Singh, who had passed away last year in the Republic Day farmers' protest rally due to the alleged overturning of a tractor. Justice Rajnish Bhatnagar was dealing with an application filed in the plea moved by the deceased's grand father Hardeep Singh seeking a Court monitored...

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court

The Delhi High Court has held that the accused cannot recourse to a third party, such as a Power of Attorney holder, to represent him in criminal proceedings. Citing the mandatory requirement of personal appearance of the accused in the Code of Criminal Procedure, the Court noted that the presence of third parties in criminal cases would defeat the very purpose of the...

Delay In Offering Possession: NCDRC Orders Compensation & Return Of Total Deposit With Interest By Indiabulls

The National Consumer Disputes Redressal Commission has ordered Rs. 1 lakh compensation and return of deposits on Athena Infrastructure Ltd and Indiabulls Real Estate Ltd ('Builders') for delay in offering possession to a homebuyer.Justice Ram Surat Ram Maurya dismissed the Builders' contention that time was not the essence of the contract. Relying on the Supreme Court's decision in...