News Updates
Can't Extern Person Under 'UP Control Of Goonda Act' On The Basis Of A Single Incident: Allahabad High Court Quashes Externment Order
The Allahabad High Court recently observed that only on the basis of a single incident, an order of externment can't be passed against a person under Section 3 [Externment, etc. of Goondas] of Uttar Pradesh Control of Goonda Act, 1970.The Bench of Justice Sadhna Rani (Thakur) further observed that one cannot be treated to be a habitual offender unless and until there is a recurrence of...
At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out or not. The present criminal revision petition...
Arbitration Clause Survives The Termination Of The Underlying Agreement: Madras High Court Reiterates Legal Position
The High Court of Madras has held that the arbitration clause contained in a partnership deed survives the termination of the deed. The Court held that the clause is an independent agreement and outlives the main contract in which it is incorporated. The Court reiterated that all the issues related to the arbitrability of the claims shall be decided by the arbitral tribunal unless it...
"Police Authorities Of Three States Simply Dragging Their Feet": Delhi High Court Hands Over Investigation Of Missing Man To CBI
The Delhi High Court has handed over investigation of a missing man, a truck driver, to the Central Bureau of Investigation (CBI) observing that police authorities of three States including Rajasthan, Haryana and Uttar Pradesh were "simply dragging their feet."Justice Pratibha M Singh was dealing with a plea filed by Razia Begum, widowed mother of the missing truck driver namely Mohd. Parvez...
Single Injury To Vital Part Of Body Is Sufficient For Murder: Orissa HC Confirms Conviction Of Couple For Murder Of Relative
The Orissa High Court has recently held that even a single injury to any vital part of human body can cause death and causing such death, having all knowledge of the most probable result, is murder. While dismissing an appeal preferred by a couple against their conviction for murder of one of their relatives, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha...
Ghazipur Landfill Fire: NGT Says Dump Sites In Cities Are Like 'Time Bombs', Constitutes Joint Committee Headed By Former Delhi High Court Judge
Noting that the dump sites in Delhi and other cities are like time bombs, the National Green Tribunal (NGT) has taken serious note of the recent fire incidents at Ghazipur Landfill site causing severe air pollution in the area.A bench headed by Chairperson Adarsh Kumar Goel also constituted a Joint Committee headed by Justice S.P. Garg, former Judge of the Delhi High Court with members...
President Accepts Resignation Of Senior Advocate Aman Lekhi From The Position Of Additional Solicitor General Of India
President Ram Nath Kovind has accepted the resignation of Senior Advocate Aman Lekhi from the position of Additional Solicitor General of India for the Supreme Court. The notification to the above effect, issued by the Department of Legal Affairs, Ministry of Law and Justice, says: "The President is pleased to accept the resignation of Shri Aman Lekhi, Senior Advocate from...
S. 167(2), CrPC | Only 'Date Of Submission' Of Chargesheet Is Relevant For Default Bail, Not 'Date Of Preparation': Orissa High Court
The Orissa High Court has held that 'date of submission' of chargesheet is the only relevant date that should be taken into consideration while granting 'default bail' under Section 167(2) of the Code of Criminal Procedure. 'Date of preparation' of chargesheet is immaterial unless it is produced before the Court on the same day. A Single Judge Bench of Justice Bibhu Prasad...
Illegal Appointment Will Not Get Legitimised By Efflux Of Time: Kerala High Court Annuls Appointment Of Kochi Metro General Manager
The Kerala High Court has annulled the appointment of Nireesh C, the General Manager of Kochi Metro Rail Limited (KMRL), (marketing, alternative revenue and corporate communications) upon finding that he fell short of the minimum age limit fixed for the post when he was appointed. Justice V.G. Arun annulled the appointment holding that an illegal appointment will not get legitimised by...
Annoying Someone By Words, Deeds Or Conduct Which May Provoke Him/Her To Commit Suicide Is Abetment: Allahabad High Court
The Allahabad High Court has observed that if someone keeps on irritating or annoying the deceased by words, deeds, or conduct, which may provoke or encourage the deceased to commit suicide, it would amount to abetment.The Bench of Justice Sanjay Kumar Singh observed thus while rejecting the bail application filed by one Muraj who has been booked under Section 306 of IPC as he has been accused...
Allahabad High Court Imposes ₹10K Cost On Woman Who Filed FIR On 'False' Rape Charges Against Husband Before Marrying him
The Allahabad High Court recently quashed an FIR lodged pursuant to the false allegations of rape made by a woman (who later on, got married to the accused) as the Court found that the lodging of an FIR was a way to build pressure upon the petitioners so as to get her marriage solemnized."The justice delivery system which includes the investigating agency as also the Courts cannot be made...
Karnataka High Court Weekly Round Up: April 18 - April 24, 2022
Nominal Index: Rajkumar And The State Of Karnataka 2022 Livelaw (Kar) 122 WE CARE CHARITABLE TRUST v. THE STATE OF KARNATAKA 2022 LiveLaw (Kar) 123 Lakshmikanta and Other v. State of Karnataka, 2022 LiveLaw (Kar) 124 Ms Padmavathi Subramaniyan v The Ministry Of Civil Aviation 2022 Livelaw (Kar) 125 Dr. UMESH P.G v. CENTRAL COUNCIL OF INDIAN MEDICINE 2022 LiveLaw...