What Are The Basic Principles Relating To Bank Guarantees, Their Invocation & Interdiction? Delhi High Court Answers

The Delhi High Court has settled down the basic principles relating to bank guarantees, their invocation and the interdiction of such invocation. While observing that commercial contracts often contain clauses requiring the contractor to furnish bank guarantees, Justice C Hari Shankar said that such bank guarantees are either bank guarantees provided towards security for having been awarded...

Legitimate Expectation: Chhattisgarh High Court Restrains University From Replacing Guest Lecturer Except By Way Of Regular/ Contractual Appointment

The Chhattisgarh high Court has reiterated that merely because a person is appointed as a "Guest Lecturer" at a college or a University, does not mean that he/she does not have any right. Drawing analogy from the case of Manju Gupta & others v. State of Chhattisgarh & others, it held that such persons have a "legitimate expectation" of not being replaced, in the absence of any...

Dying Declaration Made To Doctor Can't Be Discarded Only Because Certificate Of Fit Mental State Not Appended: Orissa High Court

The Orissa High Court has held that 'dying declaration' made to a doctor can neither be called to question nor should be doubted only because a certificate with regard to mental state of the deceased at the time of recording the declaration was not appended to it. While holding doctor to be 'the best person' to assess mental state of a victim, a Division Bench of Chief Justice Dr....

Life Sentence Means Imprisonment Till Last Breath; Court Can't Fix A Period Of Incarceration Of Life Convict: Allahabad High Court

The Allahabad High Court has clarified that the sentence of imprisonment of life is till the natural life of the accused which cannot be fixed in years by the High Court. The Bench of Justice Sunita Agarwal and Justice Subhash Chandra Sharma observed thus while upholding the life sentence awarded to Five murder convicts by the Trial Court in a case that dates back to the year...

Merely Residing Together For Few Months & Having A Child Does Not Raise Presumption Of Marriage, Conduct Of Parties Relevant: Chhattisgarh High Court

The Chhattisgarh High Court recently while dealing with a challenge to an order in a declaratory suit observed that presumption of marriage is to be established by way of conduct; mode of life; and predilections of other persons. A division bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal observed: "The law presumes in favour of marriage and against concubinage, when a...

Children With Rare Diseases: Delhi High Court Asks AIIMS To Examine Medical Records Of DMD Patients Before Commencing Treatment

In a batch of pleas concerning treatment of children with rare diseases, the Delhi High Court has recently asked All India Institute of Medical Sciences (AIIMS) to examine medical records of children suffering from Duchenne Muscular Dystrophy (DMD) in order to frame a recommendation of whether commencement of treatment is likely to yield any results.Justice Yashwant Varma was hearing a clutch...

Identify Heirs Of All Those Who Died In Custody Since 2012 For Compensation Purposes: Meghalaya High Court Directs State Govt

The Meghalaya High Court on Monday directed the State Government to identify the heirs of all persons who suffered custodial death so that they could be informed about the pendency of proceedings initiated by the Court, suo moto, for the purposes of compensating them.It may be noted that this suo motu public interest litigation was instituted by the HC following an order of the Supreme Court...

Shawarma Food Poisoning Case: Kerala High Court Initiates Suo Motu PIL On Food Safety Concerns In State

The Kerala High Court on Wednesday took suo motu cognisance of the food poisoning incident in Kasargod after a 16-year-old girl died and over 50 people were hospitalised which, as per news reports, is a possible aftermath of consuming shawarma.A Division Bench comprising Justice Devan Ramachandran and Justice P.G Ajithkumar took up the case after media reports threw light on the...

Going Back On Promise To Marry Not Cheating But Failure To Repay Loan Will Attract S.420 IPC: Karnataka High Court On Film Director's Plea

In a cheating case instituted by a woman against film director Stanley Joseph, the Karnataka High Court has said that though going back on a promise to marry will not amount to cheating in this case, but obtaining a loan and not repaying the same will amount to criminal intention to cheating, attracting Section 420 of IPC. A single judge bench of Justice K Natarajan thus dismissed...

No One Can Be 'Summoned' To Police Station Orally By Subordinate Police Officials Sans Station Incharge's Approval: Allahabad High Court

In a significant direction issued to the State of UP and its instrumentalities, the Allahabad High Court (Lucknow Bench) has recently observed that no person, including an accused can be summoned to a police station orally by subordinate police officials without the consent/approval of the station in-charge.The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur further directed...

Madhya Pradesh High Court Stays State Policy Increasing OBC Reservation From 14% To 27% In MPPSC Examination

The Madhya Pradesh High Court recently granted stay against the policy of the State Government to increase the reservation for the OBC category from 14% to 27% in Madhya Pradesh Public Service Commission. The stay was granted corollary to similar interim reliefs granted by the Court in identical matters, wherein the said policy of increasing the OBC reservations was...

Incapacity To Work Has To Be Determined With Reference To Sole Occupation Of Person As On Date Of Motor Accident: Karnataka High Court

The Karnataka High Court has said that a person who is a driver by profession if loses complete vision of one eye in a motor accident, then he would not be able to continue his profession of driving, thus it would have to be considered as permanent physical disability and 100% loss of earning capacity. A Single Judge bench of Justice Pradeep Singh Yerur while partly allowing the...