News Updates
K Rail | Centre Claims It Did Not Sanction Ongoing SIA Conducted By State, Kerala High Court Reserves Judgment
The Kerala High Court on Friday reserved the judgment in the batch of petitions challenging the State authorities laying down survey stones on petitioners' property as part of the ongoing survey in furtherance of the K-Rail Silver Line project.Justice Devan Ramachandran heard all the parties concerned in full today but was incapacitated from delivering the judgment on account of the...
Local Police Competent To Investigate Cognizable Offenses Under PNDT Act: Punjab And Haryana High Court
Punjab and Haryana High Court on April 02, 2022, dismissed a petition wherein the petitioner approached the court for quashing of FIR under Sections 23, 3(1), 3A, 4, 5(2), 6(b) of the PreConception and Pre Natal-Diagnostic Techniques Act, Sections 120-B/34 of IPC and all subsequent proceedings. The bench comprising Justice Gurvinder Singh Gill dismissed the petition holding that the...
Court May Increase Quantum Of Compensation In Motor Accident Claim, Irrespective Of Who Files Appeal: Bombay High Court
The Bombay High court recently dealt with an appeal by an Insurance Company against the quantum of compensation awarded to an accident victim under the Motor Vehicles Act, 1988. The claimant, in the course of this appeal, raised the issue of insufficiency of the compensation awarded. Single Bench of Justice Bharati Dangre noted that though the claimant had not filed an appeal...
Undertrial Prisoners' Right To Health: Bombay High Court Permits DHFL Promoter Dheeraj Wadhawan To Undergo Treatment At Private Hospital
In a relief for DHFL promoter Dheeraj Wadhawan, the Bombay High Court has allowed him treatment for a limited period at a private hospital while setting aside the trial court's order to shift him to the State-run JJ Hospital. Justice PD Naik observed that it was a settled principle of law that an undertrial prisoner also had fundamental rights and that right to life under Article 21...
Computation Of Period Of Detention For Default Bail U/S 167 CrPC Is To Be Done Afresh If Additional Offence Found Against Accused: Rajasthan HC
The Rajasthan High Court has recently observed that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person(s) under Section 167(2) Cr.P.C., until filing of...
S.428 CrPC | Period Of 'Simple Imprisonment' During Pre-Conviction Detention Can Be Set-Off Against Sentence Of Rigorous Imprisonment: Manipur HC
The Manipur High Court has clarified that the operation of Section 428 Cr.P.C. will be 'automatic', unless the benefit is denied by judgment. It further made it clear that even if the pre-conviction period of detention suffered, is in the nature of 'simple imprisonment', it would still be liable to be set-off against a sentence of 'rigorous imprisonment' under the Section. Notably,...
Compensation Cannot Be Claimed Both Under the Motor Vehicles Act And The Workmen's Compensation Act: Madras High Court
The Madras High Court has recently held that the aggrieved person cannot file claim petitions both under the Motor Vehicles Act as well as the Workmen's Compensation Act in respect of the very same accident. The court also held that previous decisions of various High Courts in this regard is no longer good law. The Madurai bench of Justice Rmt. Teeka Raman was considering appeals...
Visually Impaired Litigants Entitled To Receive Court Documents In Their Preferred Means Of Communication/ Braille Script: Delhi High Court
The Delhi High Court has directed the Delhi government to make necessary arrangements for providing the court documents in a readable language to visually impaired in all cases wherever the circumstances so warrant.Justice Anoop Kumar Mendiratta observed that the right to access to justice includes the right to receive documents to which the parties are legally entitled in the language and...
Rajsathan High Court Dismisses Challenge To Civil Judge Exam Preliminary Merit List
The division bench of Rajasthan High Court, Jaipur dismissed a batch of writ petitions questioning the correctness and validity of the merit list prepared after Preliminary Examination in the matter of selection to the post of Rajasthan Civil Judge Cadre. Essentially, the challenge has been regarding correctness and validity of deletion of four questions, rejection of representation...
Tripura High Court Directs Govt, Municipal Corporations To Prevent Unregistered Rickshaws From Plying In The State
The Tripura High Court has directed the State Government as well as Agartala Municipal Corporation and all other Municipal Councils and bodies to immediately ensure that unregistered rickshaws must be prevented from plying on the streets of the state.The Bench of Chief Justice Indrajit Mahanty and Justice S. G. Chattopadhyay was dealing with a Public Interest Litigation (PIL) plea concerned...
Allahabad High Court Directs Advocate Who Threatened A Lady Judge To Tender An Apology To Her, Imposes ₹5K Cost
The Allahabad High Court recently directed an advocate, who threatened a lady judge, to tender a written apology to her and also give an undertaking that he would not repeat such conduct in the future. Similar directions have been issued for his client as well.Essentially, the Advocate (Ramakant Verma) had issued a Section 80 C.P.C. notice to the presiding officer/a lady Judge in the...
Oil Prices Rising Internationally Due To Ukraine Situation; Gradual Passing Of Prices To Consumers Not Arbitrary : Companies To Kerala High Court
The state-owned oil marketing companies told the Kerala High Court on Friday that oil prices are increasing due to the Ukraine war and that the companies are gradually passing on the prices to the consumers, which cannot be termed arbitrary.The submission was made in response to a p[lea by the Kerala State Road Transport Corporation (KSRTC) challenging the decision of State-owned Oil...