Cannot Waive The Statutory Mandate of Pre-Deposit Merely On The Plea Of Financial Hardships: Kerala High Court

The Kerala High Court bench of Justice Bechu Kurian Thomas has ruled that the high court cannot waive the statutory mandate of pre-deposit merely on the plea of financial hardships. The petitioner/assessee, a proprietor of an establishment named M/s. Swathi Constructions at Shoranur, is in the business of laying power lines on behalf of people who have executed contracts with the...

NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC

The Andhra Pradesh High Court recently observed that mere non-mentioning of exact quantity of ganja in FIR will not render prosecution's case meritless, if the amount obtained from the accused is a commercial quantity. Justice Cheekati Manavendranath Roy held that: "In the said facts and circumstances of the case, mere non-mentioning of exact quantity of ganja in F.I.R by itself is...

Gauri Lankesh Murder Trial To Commence From May 27, Sister Kavitha Lankesh To Be First Prosecution Witness

More than four years after journalist and activist Gauri Lankesh was shot dead in front of her residence in south Bengaluru, the City Civil and Sessions Court is set to begin trial in the case on May 27. Her sister, Kavitha Lankesh will be the first prosecution witness to be examined in the case. The Prl. City Civil and Sessions Judge has issued summons to Kavitha and posted the matter...

Delhi High Court Seeks Report On Basic Amenities, Legal Aid To Inmates Lodged In Lampur Detention Centre

The Delhi High Court on Monday sought a report on the aspect of basic amenities to be provided to inmates lodged in city's Lampur detention/ restriction Centre and also said that they may be provided with adequate legal aid as required. A division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar requested Anu Grover Baliga, Secretary of Delhi High Court Legal...

Orders Obtained Fraudulently Can Be Set Aside Even If Fraud Is Detected After Limitation Period: Orissa High Court

The Orissa High Court has held that orders obtained through fraudulent means can be set aside even if fraud is detected after the limitation period. While refusing to set aside an order cancelling leases on detection of fraud, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik observed, "Regard being had to the above facts and the circumstances...

Insurance Company Not Absolved Of Liability If It Fails To Prove That Vehicle Owner Was "Aware" That Licence Of Driver Is Fake: Punjab & Haryana HC

The Punjab and Haryana High Court has held that an insurance company cannot be absolved from its liability from compensating the third party merely by claiming that the terms of insurance contract were breached as the vehicle insured was being driven by a person not holding a valid licence.The bench comprising Justice Alka Sarin held that the insurer must show that the owner/insured was aware...

At Least 19 Lose Vision In One Eye After Cataract Surgery In Muzaffarpur: Patna High Court Directs To Expedite Probe, Seeks Personal Affidavit Of SP

The Patna High Court has directed the Senior SP of Muzaffarpur to file his personal affidavit in connection with the case pertaining to loss of vision of several persons during cataract operation at a camp organized by a Clinical Establishment in the area.FIR in the matter was registered on December 2, 2021 at Brahmpura Police Station, Muzaffarpur and is now pending investigation.The Bench...

'Requisition Of Record From Arbitral Tribunal Not Akin To Remanding Matter': Madhya Pradesh High Court

The High Court of Madhya Pradesh, Gwalior Bench recently held that a court can direct requisition of record from arbitral tribunal and that the same would not be akin to remanding the matter to the tribunal but to ascertain the exact nature of dispute through record of case. Justice Anand Pathak was essentially dealing with a writ petition moved by the Petitioner who was aggrieved...

'Sufficient Cause' Paramount Consideration For Delay Condonation, Can't Be Imbibed With Laxity & Mala Fides: Gujarat High Court

The Gujarat High Court has reiterated that sufficient cause is the paramount consideration while dealing with application for delay condonation and if sufficient cause is shown, the Court should generally condone the delay.The Bench comprising Justice AC Joshi however added,"If the sufficient cause is imbibed with the laxity and mala fides on the part of the delayer despite due knowledge,...

'FIR Lodged With Revengeful Intent To Pressurize & Harass In-Laws': MP High Court Quashes FIR Registered U/S 498A IPC

The Madhya Pradesh High Court, Gwalior Bench recently quashed the FIR filed by a wife against her in-laws under Section 498-A IPC, observing that the same was filed 'to wreak vengeance' and 'with a revengeful intent in order to pressurize and harass' her in-laws. Justice R.K. Shrivastava was dealing with an application under Section 482 CrPC moved by the Applicants seeking directions...

Calcutta High Court Weekly Round Up: April 4 To April 10, 2022

Nominal Index [LiveLaw (Cal) 105 To 2022 LiveLaw (Cal) 114]Purnima Kandu & Anr v. State of West Bengal 2022 LiveLaw (Cal) 105Laxmi Tunga & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 106Dr Santi Prasad Sinha v. Laxmi Tunga and ors 2022 LiveLaw (Cal) 107Rajib Chakraborty and Ors v. The State of West Bengal and Ors 2022 LiveLaw (Cal) 108Anindita Bera v. The State of...

Stamp Duty Is To Be Levied On Agreement To Sell Which Contains Recital Of Delivery Of Possession: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that when there in an agreement to sell to the effect that possession has been delivered, stamp duty is leviable on such document.Justice Alka Sarin observed,"It is trite that the document that is required to be registered and which contains a recital of delivery of possession would also require to be stamped as per the provisions of the Indian...