Fake MACT Claims : Supreme Court Asks MoRTH & NIC To Finalize Portal To Tackle The Issue

In the matter related to fake claim petitions being filed before Motor Accident Claims Tribunals (MACT), the Supreme Court on Tuesday took note of the fresh, comprehensive information form being finalised by the Ministry of Road Transport and Highways ("MoRTH") in consultation with the National Informatics Centre ("NIC"). On the last date of hearing (14.12.2021), the Apex Court had asked...

High Court While Exercising Revisional Jurisdiction Under Section 401 CrPC Cannot Convert Acquittal Into Conviction: Supreme Court

The Supreme Court observed that a High Court while exercising revisional jurisdiction under Section 401 of Code of Criminal Procedure cannot convert a finding of acquittal into one of conviction."If the order of acquittal has been passed by the trial Court, the High Court may remit the matter to the trial Court and even direct retrial. However, if the order of acquittal is passed by the...

Marital Rape - Forcible Sex By Husband Can't Be Labelled Rape; At Worst Sexual Abuse; Wife Has Other Remedies: NGO Tells Delhi High Court

The Delhi High Court on Tuesday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Advocate RK Kapoor representing NGO Hridey today made rejoinder submissions opposing the criminalisation of marital rape before a bench of Justice Rajiv Shakdher...

Motor Accident| Courts Can Award Compensation Higher Than What Is Claimed: Karnataka High Court

Coming to the aid of a 14-year old (at the time) who suffered permanent disability to his pelvic region in an accident, the Karnataka High Court recently modified the order of the Motor Accidents Claim Tribunal, awarding compensation of Rs 50,000 under the head loss of amenities and enjoyment in life and increased it to Rs 10 lakhs. A division bench of Justice S.G. Pandit and...

PMLA Interpretation - ED's Procedure Of Not Informing Accused Of ECIR Contents Violates Article 21, Sibal To Supreme Court

The Supreme Court today commenced hearing the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002 ("PMLA Act").The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submissions Of Senior Advocate Kapil SibalWhole Purpose Of PMLA Was That Drug Money Is Not Channeled Into Organizations That Work...

Can't Examine Sufficiency Of Evidence While Deciding Plea For Rejection Of Plaint Under Order VII Rule 11 CPC: Delhi High Court

The Delhi High Court has held that sufficiency of evidence placed on record by the plaintiffs is required to be considered during trial and not while deciding an application for rejection of plaint under Order VII Rule 11 of the CPC.Holding thus, Justice Prateek Jalan upheld the order of the Civil Judge at Karkardooma Court, refusing to look into the documents produced by plaintiff to...

Maharashtra DGP Appointment: Can State Asks UPSC To Review Recommendations? Bombay High Court Asks

The Bombay High Court on Tuesday sought to know the State's course of action if it felt a genuine officer was erroneously left out by the Union Public Service Commission's (UPSC) selection committee before sending its recommendations to the State. "Take, for example, a case where an officer has been completely excluded. Does the UPSC then not have the power to...

One Can't Claim Title By Inheritance & Title By Adverse Possession Simultaneously: Jharkhand High Court

The Jharkhand High Court has held that the primary condition for claiming adverse possession of immovable property is that the party claiming it must first acknowledge the title of the party against whom it is being claimed. The pleas regarding claiming the title on inheritance and title by adverse possession are mutually inconsistent, Justice Gautam Kumar Chowdhary...

Delhi High Court Grants Interim Relief To Owner Of 'Cars 24' In Trademark Infringement Suit

The Delhi High Court has granted interim relief to Global Car Group Ltd., owner of the brand Cars 24, against alleged infringement of its trademarks by the Defendants.Finding a prima facie case in favour of the Plaintiff, Justice Sanjeev Narula granted an ex-parte ad-interim injunction in favour of Global Car under Order 39 Rules 1, and 2 r/w Section 151 of the Code of Civil Procedure,...

'Can't Seek Relief At The Eleventh Hour': Madras High Court Dismisses Plea Against 'Specific Exclusion' of TN's Tableau In Republic Day Parade

The court also orally remarked that the State Government ought to be aggrieved by the exclusion. The petitioner lacks the locus to file the PIL before the High Court, added the bench.

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court

The Delhi High Court has held that Order XXI Rule 37 of the Code of Civil Procedure does not provide for a judgment debtor (company) or its directors to file their list of assets.Justice Amit Bansal thus set aside the order of the District Judge, Patiala House Courts directing the Directors of the Judgement-Debtor Company ('Petitioner') to file affidavits of personal assets."Just because...

Mahant Narendra Giri Death: "Bail Hearing Already Greatly Delayed": Anand Giri To Allahabad HC On CBI's Call For Adjournment

Arguments in the bail application of Anand Giri, the prime accused in the alleged suicidal death of Mahant Narendra Giri could not take place today as the CBI's counsel wasn't available and therefore, the matter was adjourned to January 31.Giri has been booked for allegedly abetting the suicide of Mahant Narendra Giri, the President of Akhil Bhartiya Akhara Parishad and the matter is...