Senior Civil Judges Have No Probate Jurisdiction; Only District Judges Can Probate Wills : Karnataka High Court Clarifies

The Karnataka High Court recently clarified that the notification issued by the High Court in the year 1979, has limited scope and invests the power in Senior Civil Judges only for issuance of Succession Certificates under Part-X of the Indian Succession Act and not for Probate. A division bench of Justice P.S. Dinesh Kumar and Justice M.G. Uma issued the clarification on a reference...

Air Passengers Violating Covid-19 Norms Should Be Put On "No-Fly" List; Flight Crew Be Authorized To Take Action Against Them: Delhi HC To DGCA

The Delhi High Court on Friday suggested the Directorate General of Civil Aviation (DGCA) to authorize the flight crew and airport staff to take strict action against passengers and other concerned persons not following Covid-19 protocol on flight or at the airport premises.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Sachin Datta stated that Covid-19 pandemic...

"Child's Life At Stake": Allahabad HC Grants Bail To POCSO Accused On Condition To Take Care Of Victim/Wife, Their Child

The Allahabad High Court recently granted bail to a POCSO Accused taking into account the welfare of the child born out of wedlock of Accused and Victim. The Court stressed that the life of a newborn child is at stake and she can't be left to face the stigma during her life.In the instant case, the accused and the victim (both from the same village) had a love affair and out of fear of...

Delhi High Court Upholds Circular Restricting Foreign Travel Of District Court Employees To Vacations, Public Holidays & Emergencies Only

The Delhi High Court has upheld a circular stipulating that the city's district court employees can be allowed to visit a foreign country only during Summer Vacations, Winter Vacations, Public Holidays and in case of any exigency.A single judge bench comprising of Justice V Kameswar Rao dismissed a plea challenging the order dated January 31, 2022 passed by the respondent, Office of the...

Delhi Riots Larger Conspiracy Case: High Court Issues Notice On Bail Plea Of Shifa Ur Rehman

The Delhi High Court on Friday issued notice on the appeal filed by President of Jamia Millia Islamia Alumni Association, Shifa-Ur-Rehman challenging the Trial Court order denying him bail in connection with the Delhi riots larger conspiracy case (FIR 59/2020).A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal sought response of the prosecution while listing the matter...

Punjab & Haryana High Court Modifies MACT Order, Permits Release Of Compensation Amount From 3 Yrs Fixed Deposit To Claimant

The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit.Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR (Civil) 563], where the Supreme Court held that the amount...

S.138 NI Act: Delhi High Court Seeks List Of Cases Pending Or Adjourned Sine Die Due To Non-Traceability Of Proclaimed Offenders

The Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned sine die under sec. 138 of Negotiable Instruments Act, 1881 due to the reason that the Proclaimed Offenders were not traceable. Justice Talwant Singh requested the Principal District and Sessions Judge (Headquarters) to constitute a committee...

Orissa High Court Monthly Digest: May 2022 [Citations 56-93]

Nominal Index: 1. Uma Charan Mishra v. Union of India, 2022 LiveLaw (Ori) 56 2. Zobeda Khatun v. Md. Habibullah Khan & Ors., 2022 LiveLaw (Ori) 57 3. Anjari Rout v. State of Odisha, 2022 LiveLaw (Ori) 58 4. M/s. Central Mine Planning & Design Institute Ltd. v. The Presiding Officer, Central Government Industrial Tribunal, Bhubaneswar &...

Orissa High Court Upholds Denial Of Default Bail To Man Accused Of Uploading 'Obscene Photos' Of Women On Facebook Accounts

A Single Judge Bench of the Orissa High Court, comprising of Justice Sanjeeb Kumar Panigrahi, has recently upheld the order of a Special Court denying default bail under Section 167(2), Cr.P.C. to a person who was accused of uploading 'obscene photographs' of women by creating fake Facebook accounts in their names. It also denied regular bail to the accused by observing, "So far as...

[Roorkee ISIS Module Case] 'Not Fit Case For Maximum Punishment': Delhi's Special NIA Court Sentences Five Convicts To 7 Yrs Imprisonment Under UAPA

A Special NIA Court in Delhi has sentenced five accused persons in connection with the Roorkee ISIS module case relating to the conspiracy to establish an ISIS base in India and to carry out terror activities in Delhi NCR and Haridwar region during the Kumbh festival.Special NIA Judge Parveen Singh sentenced Akhlakur Rehman, Md. Azeemushan, Md. Meraj, Md. Osama and Mohsin Ibrahim Sayyed...

Taking Cognizance Is A Judicial Function, Orders Cannot Be Passed In A Mechanical Or Cryptic Manner: Delhi High Court

The Delhi High Court has observed that taking of cognizance is a judicial function and that the judicial orders cannot be passed in a mechanical or cryptic manner. Justice Sudhir Kumar Jain has added that at time of taking cognizance, a Magistrate is not required to consider the defence of the proposed accused or to evaluate the merits of the material collected during investigatio or to pass...

Assessee Discharges Primary Onus Submitting Documentary Evidence: ITAT Deletes Addition of Unexplained Cash Credits

The Raipur Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Ravish Sood (Judicial Member) and Jamlappa D Battu​​ll (Accountant Member), has deleted the addition made on account of unexplained cash credits. The respondent/assessee is in the business of manufacturing M.S. ingots. The assessee had filed its return of income for the assessment year 2012-13 on September...