Delhi High Court Orders Medical Examination Of Candidate With Amputated Fingers To Assess If She Can Study MBBS

The Delhi High Court today ordered AIIMS to conduct the medical examination of a medical aspirant with amputated fingers, and assess whether she is in a position to undertake the MBBS Course.The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla was of the view that the expression "both hands intact" used in the guidelines for admission of students with...

Every Accused Must Not Be Present At The Spot; Can Still Be Tried As Part Of Chain Of Circumstances: Bombay High Court

The Bombay High Court recently considered whether an FIR can be quashed against a petitioner who is not referred to as an accused in the FIR and who was not present at the spot. A bench of Justices Prasanna B. Varale & S. M. Modak reiterated the difference between normal criminal law and crimes under of Maharashta Control of Organized Crime Act, 1999, (MCOC) stating that , "It...

Bombay High Court Adjourns Anil Deshmukh's Bail Plea For Two Weeks, Directs Lawyer To Demonstrate Medical Urgency

The Bombay High Court on Friday adjourned former Maharashtra Home Minister Anil Deshmukh's bail plea for two weeks, and directed his lawyers to place details of his ailments and the medical emergency before the court, in the meantime. Deshmukh has sought bail on merits from the High Court in the money laundering case being investigated by the Enforcement Directorate after the...

Wrong Declaration In E-Way Bill: Madras High Court Quashes Penalty Under GST As There Was No Intention Of Tax Evasion

The Madras High Court bench of Justice C. Saravanan has quashed the penalty under GST for a wrong declaration in an e-way bill as there was no intention of tax evasion. The petitioner/assessee challenged the order in Form GST Mov-9 seeking to impose a penalty of Rs. 5,00,774 under Section 129 (3) of the CGST Act, 2017. The petitioner had consigned the goods from its main...

"Whole Life Of A Young Girl Spoiled": Thane Court Refuses Anticipatory Bail To Man Accused Of Concealing Homosexuality From Wife

A Sessions Court in Mumbai's nieghbouring district Thane has rejected the anticipatory bail application filed by a man facing a case for cheating and forgery for allegedly hiding his employment status and his sexuality from his wife. Additional Sessions Judge Rajesh Gupta, in his order dated April 5, observed that prima facie it did appear that there was fraudulent intention by the...

Delhi High Court Issues Notice On Plea For Increasing Number Of Labour Courts & Industrial Tribunals

The Delhi High Court today issued notice on a plea seeking increase in the number of Labour Courts and Industrial Tribunals and expeditious appointment of Presiding Officers in the positions that are currently lying vacant. Notice was issued by a Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla in the petition filed by Labour Law Association, returnable on...

Kerala Court Grants Bail To Tattoo Artist Sujeesh In Two Rape Cases

A Sessions Court in Kerala on Friday granted bail to tattoo artist Sujeesh P.S, who was accused of rape by two women. Sujeesh, who runs two tattoo studios in the State, had recently made the front page for reportedly sexually abusing multiple women while tattooing them.Additional Sessions Judge Shibu Thomas allowed the second bail application noting that the investigation had reached an...

Section 10 Of CPC Does Not Lay An Embargo In Proceeding With Arbitration During Pendency Of Insolvency Proceedings: Delhi High Court

The Delhi High Court has ruled that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding with arbitral proceedings during the pendency of insolvency proceedings under the Provincial Insolvency Act, 1920. The Single Bench of Justice Sanjeev Sachdeva held that the issues involved in the insolvency proceedings and the issue involved in the...

Section 37 Of The Arbitration & Conciliation Act 1996 R/W Section 13 Of The Commercial Courts Act 2015 Excludes The Applicability Of Clause 15 Of Letters Patent: Calcutta HC

The Calcutta High Court has observed that S.37 of the Arbitration & Conciliation Act (Arbitration Act) and S.13 of the Commercial Courts act exclude the applicability of Clause 15 of Letters Patent. The Division Bench of Justice I.P. Mukerji and Justice Aniruddha Roy relied on the decision of the Apex Court in Union of India v. Simplex Infrastructures, (2017) 14 SCC 225, to hold...

Karnataka High Court Issues Guidelines For Ascertaining Genuineness Of Parties Before Recording Compromise

The Karnataka High Court has issued guidelines to be followed by courts and Lok Adalat for ascertaining the genuineness of the parties, before allowing a compromise decree, filed before it. A single judge bench of Justice Suraj Govindaraj issued the directions in a petition filed by a party, claiming that its interest in the suit property was compromised by way of a compromise entered into by a person before the Lok Adalat claiming to be its power of attorney holder, without its...

Sex On Basis Of "Genuine Promise" To Marry That Didn't Fructify Not Rape: Delhi High Court

The Delhi High Court on Wednesday observed that a "genuine promise" to marry that did not materialise in future cannot be said to be false, and therefore doesn't amount to rape. Justice Subramonium Prasad observed, "If it is found that the promise of marriage was genuine and that the marriage failed to fructify due to external circumstances, then the promise cannot be said to be...

'No Vicarious Liability On State For Judicial Actions': Calcutta High Court Rejects Plaint Seeking 100 Cr. Compensation For Alleged Defamation By HC Judge

The Calcutta High Court on Monday while exercising its power under Order 7 Rule 11 of CPC allowed an application for rejection of a plaint seeking compensation of Rs 100 crore against the State of West Bengal on account of vicarious liability for an alleged act of defamation committed by a High Court Judge.Justice Shekhar B. Saraf observed that the plaint lacks any cause of action as there...