News Updates
Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
Reiterating that legal representatives of a person are entitled to motor accident claim, the Delhi High Court has upheld the compensation given to two children from the deceased's first marriage. Justice Sanjeev Sachdeva was dealing with a plea impugning the award dated 22.03.2021 whereby the detailed accident report was disposed of and compensation was awarded to the children.It was the case...
Excommunication Illegal Under Wakf Act, Infringes Fundamental Rights: Kerala High Court
In a notable judgment, the Kerala High Court has held that ex-communication or externment, whether declared or undeclared, is illegal and impermissible under the Wakf Act.The Court further declared that any bye-law or scheme in relation to the administration of the Wakf Property authorising ex-communication is also illegal as it infringes the fundamental rights guaranteed by the...
Married Daughter Who Became Widowed After The Death Of The Pensioner Is Not Entitled To Family Pension: Calcutta High Court
The Calcutta High Court on Monday observed that the benefit of family pension cannot be extended to a widowed daughter of a pensioner who was married at the time of the death of her father/mother. The Court held that a daughter who became widowed after the demise after her father/mother does not possess any fundamental or statutory right to claim family pension.The issue in consideration before...
For Abetment By Conspiracy, Mere Agreement Not Enough; Something Must Be Done: Kerala High Court
The Kerala High Court on Monday while granting pre-arrest bail to Malayalam actor Dileep and other accused reiterated the clear distinction between the offences of abetment by conspiracy and criminal conspiracy. Dileep and 5 others were facing accusations of conspiring to kill the investigating officers of the 2017 actor sexual assault case, in which Dileep is facing trial as the alleged...
Monson Mavunkal Moves Kerala High Court Seeking Bail In Sexual Assault Case
Infamous fake antique dealer Monson Mavunkal has approached the Kerala High Court seeking bail in the case where a woman has accused him of sexually abusing her.Justice Gopinath P. on Monday directed the Public Prosecutor to get instructions in the matter and posted it to February 15. According to the FIR filed by the woman, a nurse, she was raped with the threat that otherwise her brother...
Benami Property Transactions Act| Validity Of Order Passed By Adjudicating Authority Not Negated By Procedural Delay To Despatch: Madras HC
In a recent judgment, Madras High Court has held that a reasonable delay in communication of the order will not be counted as non-compliance of the limitation prescribed under Section 26(7) of the Prohibition of Benami Property Transactions Act, 1988. Since the application of the limitation period is uninfluenced by such delay, the court has also clarified that the delay won't negate the...
Institutions Can't Cancel Enrolment Of 'Erroneously Admitted' Students Mid-Course In Absence Of Any Wrongdoings On Their Part: Delhi High Court
The Delhi High Court has allowed a petition filed by students of MSc Nursing at the All India Institute of Medical Sciences (AIIMS), challenging an Office Memorandum (OM) of the Institution canceling their admission. The students had been admitted based on the eligibility conditions in the Prospectus of AIIMS and offer letters. However, 2 months into the course, the Institution decided...
'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity Supply
The Calcutta High Court on Friday directed the West Bengal State Electricity Distribution Company (WBSEDCL) to pay an amount to the tune of Rs.6,07,000 to a consumer for unauthorised disconnection of electricity supply due to which the consumer had suffered unnecessary harassment. Calling the conduct of WBSEDCL as 'deplorable', Justice Sabyasachi Bhattacharyya observed, "In cases such as...
Supreme Court Refuses To Entertain Brigadier's Plea Seeking Promotion As Major General In JAG Dept Of Army
On Monday, the Supreme Court refused to entertain a petition seeking direction to the Centre and the Military Secretariat to grant him promotion to the post of Major General, which is the highest post in Judge Advocate General's ("JAG") Department in the Indian Army. Refusing to exercise Article 32 of the Constitution of India in the matter, a Bench comprising Justices M.R. Shah and...
Can't Exercise Inherent Power U/S 482 CrPC In Routine Manner: Gauhati High Court Denies Relief To Person Declared Foreigner On Admission Of Guilt
The Gauhati High Court has held that its inherent power under section 482 CrPC is not to be exercised in a routine manner and it is only to prevent gross miscarriage of justice or secure the ends of justice.The Court thus refused to interfere with an order of the Chief Judicial Magistrate, declaring the petitioner to be a foreigner, following admission of guilt."The petitioner on being...
Local Court Grants Bail To Yati Narsinghanand In Haridwar Dharam Sansad Case
The Uttarakhand Court (at Haridwar) has granted bail to Yati Narsinghanand, who heads the powerful Dasna Devi temple in Uttar Pradesh, in a case registered against him for his alleged 'Hate Speech' delivered at the Haridwar Dharm Sansad which took place last month.The Additional District and Sessions Judge Bharat Bhushan Pandey granted him bail as it noted the offences alleged to have...