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Families Of Covid-19 Victims Can't Be Deprived Of Compensation Merely Because Applications Filed Physically: Bombay HC To Maha Govt
The Bombay High Court on Monday expressed displeasure after it was informed that kin of several Covid-19 victims were being denied the ex-gratia compensation of Rs. 50,000, as their claim forms were submitted in physical format and not through the online portal. "The web portal is for your convenience. Getting compensation is their right. They cannot be deprived just because...
RSS A Definite & Identifiable Body, Members Have Locus Standi To File Defamation Complaint U/S 499 IPC: Kerala High Court
The Kerala High Court has recently ruled that a complaint filed by the State Secretary of the Rashtriya Swayamsevak Sangh (RSS) against a defamatory article published in a newspaper about the RSS is maintainable under Section 499 of the Indian Penal Code (IPC).Justice Sophy Thomas noted that since the RSS is a definite and identifiable body, any individual member of RSS has the locus standi...
Disputes Between Parties To Contract Not A Ground For Restraining Enforcement Of Bank Guarantee: Chhattisgarh High Court
The Chhattisgarh High Court has recently held that the bank can be restrained from enforcement of unconditional and absolute performance bank guarantee by interim injunction only in case of fraud or special equities, to prevent irretrievable injustice. Justice Arvind Singh Chandel further held that existence of disputes between the parties to the contract is not a ground for issuing an order...
Focus On Circumstances Of Girl's Suicide, Don't Harass Person Who Filmed Allegations About Religious Conversion: Madras High Court Tells Police
In a petition filed for transfer of investigation pertaining to the demise of a 17-year-old girl to CB-CID or other independent investigating agencies, Madurai bench of Madras High Court has asked the police authorities to focus on the circumstances that led to her suicide. The court said so in light of allegations that the police was harassing the person who allegedly videographed the...
Neither Client Nor Court Is Bound By Lawyer's Admissions As To Matters Of Law Or Legal Conclusions: Supreme Court
The Supreme Court reiterated that neither the client nor the court is bound by lawyer's admissions as to matters of law or legal conclusions."While generally admissions of fact by counsel are binding, neither the client nor the court is bound by admissions as to matters of law or legal conclusions", the bench comprising Justice DY Chandrachud and Justice AS Bopanna, observed while dealing with...
Kerala Actor Rape Case -Will Consider Time Extension If Trial Judge Asks; No Extension At State's Instance : Supreme Court
In the Kerala actor rape case, the Supreme Court on Monday did not pass orders for extending the time for trial in the application moved by the State of Kerala. The Court said that it will extend the time for trial in the Kerala actor rape case if the trial judge seeks extension and accordingly left the matter to the discretion of the trial judge.,A bench comprising Justice AM Khanwilkar...
Section 60/61 Contract Act - If Adjustment Is Made Towards A Particular Invoice, It Can't Extend Limitation For Other Outstanding Invoices: Bombay High Court
The Bombay High Court has held that once a payment has been applied as per creditor's discretion under Section 60 of the Contract Act to a few of the pending invoices instead of all, and the period of limitation has expired regarding all of them, the creditor then cannot take the plea that cheque payment getting dishonoured will extend the period of limitation on all pending...
ED Does Not Have 'All India Jurisdiction': Sr Adv Kapil Sibal Argues In Delhi High Court For Quashing Summons Issued To TMC's Abhishek Banerjee
The Delhi High Court on Friday heard Senior Advocate Kapil Sibal, appearing for TMC MP Abhishek Banerjee and his wife in their plea seeking quashing of summons issued to them by the Enforcement Directorate in connection with West Bengal coal scam case.The duo, permanent residents of Kolkata, were directed to appear before ED for interrogation in Delhi. They had moved the High Court in...
Delhi Court Frames Sedition Charge Against Sharjeel Imam In Case Concerning Anti-CAA Speeches Made At AMU, Jamia
A Delhi Court on Monday framed charges against Sharjeel Imam in a case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.Additional Sessions Judge Amitabh Rawat framed charges under Sections 124A (sedition), 153A (Promoting enmity between different groups on grounds of religion, etc.),...
Breaching Promise To Marry Will Not Amount To Offence Of Cheating Under IPC : Karnataka High Court
The Karnataka High Court while quashing the FIR registered against a man and his family has reiterated that not abiding with the promise of marriage will not amount to the offence of cheating under section 420 of the Indian Penal Code. A single-judge bench of Justice K Natarajan while allowing the petition filed by Venkatesh and others said "Absolutely there is no...
All High Courts Weekly Roundup: 17 January- 22 January, 2022
Allahabad High Court1. Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High Court Case title - Sanjeev Rai v. State of U.P. and AnotherCase citation: 2022 LiveLaw (AB) 14Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the High Court recently observed that nowadays, it...
