No Adverse Inference U/S 114 Indian Evidence Act If Prosecution Fails To Prove Presence Of Accused At Murder Scene: Karnataka High Court

The Karnataka High Court has said that if the prosecution fails to prove the presence of the accused at the place of occurence of offence, it is not appropriate to draw adverse inference as per Section 114 of the Indian Evidence Act and Court cannot invoke Section 106 of the Act to ask the accused to disclose reasons for the offence. A division bench of Justice B Veerappa and Justice...

Son Not Expected To Brand His Father As 'Swindler': Bombay High Court Upholds Eviction From Self-Acquired House Of Elderly Parents

The Bombay High Court recently evicted a son from the self acquired house of his parents and held that a son cannot claim that his parents have lost mental balance. Justice Rohit Deo observed that, "In the conservative Indian society, a son is not expected to brand his aged father a 'swindler' or then allege that the aged parents have lost mental balance. The allegations that the...

While Framing Charges Court Is Required To Presume That Material Produced By Prosecution Is True: Allahabad High Court

The Allahabad High Court has observed that at the time of framing of charge, the Court is required to proceed on the presumption that the material produced by the prosecution is true. At that stage, the Court is not expected to go deep into the matter and hold that the material produced does not warrant a conviction, noted the Bench of Justice Shekhar Kumar Yadav.The case in brief The High...

Nawab Malik Seeks Temporary Medical Bail In Money Laundering Case

NCP leader and Maharashtra Cabinet Minister Nawab Malik has sought temporary medical bail in the money laundering case alleging his "involvement in terror funding" based on a 1999- 2005 land deal concerning Dawood Ibrahim's sister. Special Judge R N Rokade is likely to hear the plea on Monday. Malik (62) had earlier told the court that he was unwell due to kidney ailments and...

Levy Of GST On Mining Royalty And Allied Charges: Jharkhand High Court Grants Interim Protection

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has granted interim protection on the levy of GST on mining royalty and allied charges.More than 10 writ petitions were filed challenging the show cause notices issued by the department directing them to furnish data relating to the payment of royalty against licencing services for the right to...

Clerical/Procedural Mistake In Verification Of Pleadings Can Be Rectified Under Order VI Rule 17 CPC: Allahabad High Court

The Allahabad High Court has observed that a clerical/procedural mistake that has occurred in the verification of pleadings can be rectified by moving the application under Order VI Rule 17 CPC by the plaintiff.The Bench of Justice Rohit Ranjan Agarwal observed that the very purpose of Rule 17 in Order VI CPC is to give liberty to a party in a suit to amend his pleading at any stage in...

"Arrogant, Incomprehensible Conduct": Bombay High Court Judge Bars Lawyer From Appearing Before His Bench In Any Matter

Justice GS Kulkarni of the Bombay High Court has directed a lawyer not to appear in any matter before him following the advocate's "incomprehensible" and "most arrogant" conduct in a clutch of applications pertaining to an arbitration dispute. The court stopped short of initiating contempt proceedings against advocate Premlal Krishnan considering his career, following a...

Prescription Of Qualification For Recruitment Outside Domain Of Judicial Review Unless Affected By Manifest Arbitrariness: Karnataka High Court

The Karnataka High Court has dismissed a petition filed questioning government notification by which it amended the Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 and excluded subjects namely Psychology and Journalism at the graduate level as the minimum qualification for recruitment to the post of graduate primary teacher. A...

Interest On Delayed Payment Of Gratuity Mandatory, Not Discretionary: Gujarat High Court Reiterates

The Gujarat High Court has reiterated that there is a clear mandate on the employer under the provisions of Section 7 to the Payment of Gratuity Act, for payment of gratuity within time and to pay interest on the delayed payment of gratuity. In light of the above, the Bench of Justice Biren Vaishnav directed the Sardar Patel University to pay Rs. 10 lakhs towards gratuity of the Petitioner,...

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Court exercising contempt jurisdiction cannot test correctness or otherwise of the order or give additional direction or delete any direction. "While dealing with an application for contempt the Court cannot traverse beyond the order, non-compliance of which is alleged. In other words, it cannot say what should not have been done or what...

Insolvency And Bankruptcy Code Is Not For Money Recovery Proceedings: Supreme Court Reiterates

The Supreme Court bench comprising of Justice Dinesh Maheshwari and Justice Aniruddha Bose in the case of Invest Asset Securitisation and Reconstruction Pvt. Ltd. versus Girnar Fibres Ltd. reiterates that the provisions of insolvency and bankruptcy code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. Invest...

Allahabad HC Directs SP To Procure Educational Documents Of Girl Selected As SI In UP Police From Father Who Opposed Her Love Marriage

The Allahabad High Court on Wednesday ordered protection for a married couple who had a love marriage against the wishes of the family of the girl.In view of the fact that the Girl has been selected for the post of Sub Inspector in the U.P. Police, however, her father was not providing her the original education documents, the Court directed the S.P., Moradabad to procure all documents from...