News Updates
Trial Court Must Give Opportunity Of Hearing To IO Before Ordering Action For Allegedly Botched Up Investigation: Madhya Pradesh High Court
The Madhya Pradesh High Court recently set aside the order passed by the trial court, directing the Superintendent of Police to take action against the Investigating Officer for an allegedly botched up investigation, observing that he was not given an opportunity by the lower court to explain his position. Quashing the impugned order, Justice Atul Sreedharan...
Mere Joining Of Son In Execution Of Sale Deed Does Not Raise Presumption That Subject Property Is "Family Property": Madras High Court
The Madras High Court bench of Justice N. Anand Venkatesh observed that merely because a son has been added as a co-vendor in a sale deed would not give rise to the presumption that the property being dealt with is a family property. The court further held that the burden of proof to prove that the property was a joint family property or was purchased from the surplus income...
'Consent Can Be Reasonably Deciphered': Kerala High Court Grants Bail To Doctor In Rape Case
The Kerala High Court on Tuesday granted bail to a doctor who was accused of raping another doctor finding that the prima facie evidence shows that it was a consensual relationship.Justice C. Jayachandran held that the question of whether such consent was vitiated by the alleged false promise to marry should be considered by the trial court. "Going by the prosecution's allegations,...
Order 14 Rule 2 CPC | Where Suit Involving Mixed Question Of Law & Fact Can Be Disposed On Issue Of Law Alone, Same Must Be Decided First: Manipur HC
The Manipur High Court has recently held that Order 14 Rule 2(1) CPC is a general rule which provides that the Court shall pronounce judgment on all issues, notwithstanding the fact that the case may be disposed of on a preliminary issue.However, it added that an exception to this Rule is provided under Order 14 Rule 2(2), which states that where issues of law and of fact arise in the same...
Calcutta High Court Modifies Order Sealing SSC Office, Permits Chairman, Officials & Stenographers To Enter Premises
The Calcutta High Court on Thursday modified its earlier order for sealing of the office of the State's School Service Commission till 1pm on Thursday by granting liberty to the Chairman, Advisor to the Chairman, Assistant Secretary and stenographers of the Commission to enter the office without any hinderance caused by the central forces deployed there. Justice Abhijit Gangopadhyay in...
Plea In Mathura Court Seeks Permission For Consecration (Abhishek) Of Laddu Gopal in Shahi Idgah Mosque
The National Treasurer of All India Hindu Mahasabha, Dinesh Kaushik, has moved an application before the Civil Judge Senior Division Mathura seeking permission to consecrate Laddu Gopal inside Shahi Idgah Mosque and to perform the Puja path there. Mathura's Shahi Idgah Masjid is located next to the Krishna Janmabhoomi, which is believed to be the birthplace of the Hindu deity Krishna and...
Customs Act | Gujarat High Court Endorses Expeditious Disposal Of Case Property, Orders Release Of Base Oil Worth ₹67 Lakhs Subject To Surety
The Gujarat High Court has recently endorsed the "expeditious and judicious" disposal of case property so as to ensure that the owner such seized property does not suffer unnecessary losses and the authorities are also saved from maintaining custody of such property.Justice Ilesh Vora, while dealing with a case involving 1,03,120 kilograms muddamla seized base oil worth Rs....
Mother Of Dead BJP Youth Wing Leader Seeks CBI Probe: Calcutta High Court Issues Notice, Directs State To Submit CFSL Report
The Calcutta High Court on Thursday directed the State government to apprise the Court about the findings of the report of the Central Forensic Science Laboratory (CFSL), Kolkata on the next date of hearing pertaining to the death of Bharatiya Janata Party (BJP) West Bengal youth leader Arjun Chowrasia who was found hanging inside a building in North Kolkata's Ghosh Bagan area.A Bench...
Homicidal Nature Of Death Need Not Always Be Proved Through Direct Evidence: Orissa High Court Upholds Man's Conviction For Wife's Murder
The Orissa High Court has recently held that the homicidal nature of death need not always be proved through direct evidence. A Division Bench of Chief Justice S. Muralidhar and Justice B.P. Routray noted that a homicidal death must be inferred from the circumstances and the nature of injuries noticed on the dead body.The observation was made in an appeal preferred by a man convicted for...
Applicability Of S.148 NI Act Will Extend To Appeals Arising Out Of Complaint Cases Filed Prior To 2018 Amendment: Delhi High Court
The Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of complaint cases that have been filed prior to the amendment of 2018. Justice Chandra Dhari Singh was dealing with a batch of pleas seeking setting aside of order dated 5th February, 2022 passed by Additional Sessions Judge, Saket Courts.It...
Rajasthan High Court Finds Man On Death Row Wrongly Convicted For Rape & Murder Of 7-Yr Old, Modifies Sentence To Life Citing Conviction By SC
The Rajasthan High Court recently commuted death sentence awarded to a man convicted for the offence of sodomy, rape and murder of a 7-year old girl child, while observing that it appeared to be a case of wrong conviction whereby the actual offenders had, with the help of the Police, shifted the crime on the present convict.The case had travelled up to the Supreme Court which did not upset...
Candidate In 'Direct District Judge Recruitment Exam' Fails To Qualify For Interview By 1 Mark After Revaluation; Orissa HC Dismisses Case
The Orissa High Court has dismissed the writ petition filed by Mr. Amitav Tripathy, who had challenged marks assigned to him in the examination conducted for direct recruitment from the Bar in the cadre of District Judge. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik, in its order passed on 11th May 2022, had observed the case to be "rare...