News Updates
Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his advocate that...
If MoU Arises Out Of An Agreement Containing Arbitration Clause, Reference Of MoU Is Valid: Delhi High Court
The Delhi High Court has ruled that where an MoU has been signed by the parties for settlement of dues arising under an agreement, arbitration can be sought for violation of the terms of the MoU, even if the MoU does not contain an Arbitration Clause. The Single Bench of Justice Anup Jairam Bhambhani held that since the MoU was a part of the dispute covered by the Arbitration...
Illegal Resorts In Sathyamangalam Tiger Reserve: Madras High Court Issues Notices To Nat'l Wildlife Board, Tiger Conservation Authority
The Madras High Court on Thursday issued notices to the National Board of Wildlife and the National Tiger Conservation Authority in a plea seeking to close down and remove all the illegal resorts/ lodges/ farmhouses operated in the Sathyamangalam Tiger Reserve.The bench of Justice MS Ramesh and Justice Mohammed Shaffiq were hearing a petition filed by Dr. R Karpagam, founder of Oli...
Officials Holding Additional Charge Of Waqf Board Posts Can Order Supersession Of Management Committee, Appoint Executive Officer: MP High Court
The Madhya Pradesh High Court, Indore Bench, recently held that a Deputy Collector and Additional Collector, holding additional charge of Chief Executive Officer and Administrator, respectively, of the Madhya Pradesh Waqf Board can exercise powers under Section 67 (Supervision and supersession of committee of Management) and 38 (Powers of Board to appoint Executive Officer) of the...
'Constitutional Court Can't Be Used As A Coercive Machinery': Calcutta HC Directs Petitioner To Approach Magistrate For Alleged Police Inaction
The Calcutta High Court has recently opined that the power of the Constitutional Court cannot be used as a coercive machinery and thus ordered the aggrieved person to seek relief from the concerned Jurisdictional Magistrate regarding the alleged police inaction. Justice Bibek Chaudhuri was adjudicating upon a case wherein the petitioner had alleged that she had been manhandled and also...
Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to file a reply to the application before taking...
Trial Courts Should Not Pass Decree/ Orders Merely On Memo Filed By Counsels Conceding Substantive Rights Of Parties: Madras High Court
The Madras High Court recently observed that trial courts should refrain from acting solely on memo filed by the counsel of the party conceding the substantive right of the party viz-a-viz the subject matter of the suit, or right of defence, for passing any non-adjudicatory decree or appealable orders.Justice N Seshasayee observed that though there is not a complete ban on considering the...
US Citizen Accused U/S 498-A IPC: Telangana High Court Keeps LOC In Abeyance For 6 Months, Permits Him To Return To Pursue Employment
The Telangana High Court recently permitted the petitioner, accused under Section 498-A IPC, to travel abroad to pursue his employment subject to executing a personal bond for a sum of Rs. 1 lakh before the trial Court and offering bank guarantee for the said amount before the departure. "It is made clear that if the petitioner fails to return to India within the stipulated time,...
Motor Vehicle Accidents | Can't Establish Contributory Negligence Solely Relying On Scene Mahazar: Kerala High Court
In an interesting development, the Kerala High Court has ruled that in accident cases where two vehicles are involved, contributory negligence cannot be found against the driver of the other vehicle involved in the accident solely relying on the recitals in the scene mahazar, ignoring the police charge which attributes negligence only against one driver.Justice A. Badharudeen thereby set...
Elephant Dies Of Electrocution: Karnataka High Court Upholds Conviction Of Two Who Set Up "Electric Fence" Around Agricultural Land
Almost 14 years after an Elephant died due to electrocution, the Karnataka High Court has upheld the conviction handed down to two persons who put up electric fencing around their agricultural land which led to the elephant's death. A single judge bench of Justice Mohammad Nawaz upheld the conviction handed down to the accused Srinivasa and Basavaraju under Sections 138(1)(a) of...
S.41A Notice By Police Under CrPC Is Mandatory For Offences Punishable Upto 7 Yrs Of Imprisonment: Telangana High Court
Recently, Justice Juvvadi Sridevi of Telangana High Court directed the police to comply with the requirement of issue of Section 41-A notice under Criminal Procedure Code as the punishment prescribed for the offences alleged was up to seven years. Section 41A is the notice of appearance before police officer in all the cases where the arrest of a person is not required. Brief...
Delhi High Court Reserves Order On ED's Plea Against Counsel's Presence During Satyendar Jain's Interrogation In Money Laundering Case
The Delhi High Court on Friday reserved orders on the plea filed by Enforcement Directorate, challenging trial court's order permitting Health Minister Satyendar Jain's counsel to remain present during his interrogation in connection with a money laundering case.The condition was imposed by the trial Court while remanding Jain to the agency's custody till June 9.A single bench comprising...