State Or Society Cannot Intrude In Individual's Decision On Suitability Of Partner: Karnataka High Court

The Karnataka High Court has observed that the decision of the suitability of partners to a marital tie rests exclusively with the individuals themselves. Neither the State nor the Society can intrude into that domain. A division bench of Justice B Veerappa and Justice K.S. HEMALEKHA while dismissing a habeas corpus petition filed by the father of a 19-year-old girl, who is said to...

Sympathy Or Compassion Has No Role In Matter Of Directing Or Not Directing Re-Evaluation Of Answer Sheets: Allahabad HC

The Allahabad High Court has observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheets. The Bench of Justice Manju Rani Chauhan further observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of answer sheet. The case in briefThe Uttar Pradesh...

Prophet Row | 'Maintain Communal Harmony': Calcutta High Court Reserves Order On Deployment Of Central Forces, NIA Probe Into Violent Protests

The Calcutta High Court on Wednesday reserved orders in a batch of Public Interest Litigation (PIL) petitions seeking deployment of central paramilitary forces in West Bengal amid the ongoing protests against offensive remarks made against Prophet Mohammed by former BJP spokespersons Nupur Sharma and Naveen Kumar Jindal. A probe by the National Investigation Agency (NIA) was also sought into...

Copyright In Artwork Subsists Till Death Of Author & 60 Yrs Thereafter: Gujarat High Court Grants Interim Injunction In Infringement Suit

The Gujarat High Court has held that as per Section 22 of the Copyright Act, 1957, copyright would subsist in the life time of the author and until 60 years from the beginning of calendar year next following the year in which the author dies.Thus, in a suit pertaining to infringement of artwork, Justice AP Thaker observed that it cannot be said that the copyright of the Plaintiff had come to...

Plea In Madras High Court Challenging Installation Of Former TN Chief Minister Karunanidhi's Statue Withdrawn

A public interest litigation filed recently before the Madras High Court against the installation of former Tamil Nadu Chief Minister M. Karunanidhi's statue was withdrawn on Tuesday. The petitioner, G. Karthick, had contended that one of the respondents, A Rajendran, in collusion with Government authorities, secured patta over and above the land owned by him in the given survey number and...

All High Courts Weekly Round-Up: June 6 - June 12, 2022

Allahabad High Court NOMINAL INDEX Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko. 2022 LiveLaw (AB) 279 Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow 2022 LiveLaw (AB) 280 Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another 2022 LiveLaw (AB) 281 Ram Pravesh And 3 Other v. State of U.P. and Another 2022 LiveLaw (AB) 282 Basharat...

NCLT Mumbai Initiates Insolvency Process Against Bombay Rayon Fashions Ltd.

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Mr. Kishore Vemulapalli (Judicial Member) and Mr. Rajesh Sharma (Technical Member), while adjudicating an application filed in Vikash Parasprampuria v Bombay Rayon Fashions Limited, has initiated Corporate Insolvency Resolution Process ("CIRP") against Bombay Rayon Fashions Ltd. The order was...

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the Sessions...

NIA Court Can Entertain Application For Tender Of Pardon Preferred At Investigation Stage U/S 306 CrPC: Kerala High Court

The Kerala High Court on Tuesday held that a Special Court constituted under the National Investigation Agency Act can invoke the powers under Section 306 of the Code of Criminal Procedure (CrPC) to grant pardon to an accused at the post cognizance stage.A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran also opined that it is always advisable for a Special Court...

[Gujarat Land Revenue Code] Once Permission For Conversion Of Agricultural Land Is Granted, Change Of Industries Makes No Difference: High Court

Observing that the concerned agricultural land was already converted under Gujarat Land Revenue Code for 'Non-Agricultural' purpose of cottage industries, the Gujarat High Court has held that it makes no difference if there is a change in the nature of industries and has thus, allowed a petition seeking the revision of plan from 'Marble Cottage Industries' to 'Commercial Purpose'. The...

O7 R11 CPC | Plaint Can Be Rejected Only When Court Comes To "Definite Conclusion" That Suit Is Not Maintainable/ Barred Under Law: P&H High Court

The Punjab and Haryana High Court has held that the power to reject plaint under Order 7 Rule 11 CPC should be exercised only when the Court comes to a "definite conclusion" that the suit is either not maintainable or barred under the law.The bench comprising Justice Anil Kshetarpal added that Order 7 Rule 11 CPC enlists various grounds on which the plaint can be rejected.The observation was...

[No Fault Principle] Employee Can Claim Compensation Both U/S 140 Motor Vehicle Act & U/S 3 Of Workmen's Compensation Act: Bombay High Court

The Bombay High Court recently dealt with a case wherein a truck driver, who was the employee of the owner of the truck met with a vehicular accident. As he had initiated compensation proceedings under section 140 of the Motor Vehicles Act 1988 ("M.V. Act"), his claim for compensation under the Workmen's Compensation Act 1923 (now Employees Compensation Act 1923) ("W.C. Act") was...