News Updates
A Reliable Testimony Of An Injured Witness Holds Weight Even In The Face Of Procedural Irregularities For Conviction Under S. 307 IPC: Delhi High Court
The Delhi High Court vindicated the case of the State upholding S. 307/324 IPC (attempt to murder/voluntary causing hurt by dangerous weapons) Conviction after confirming the reliability of the testimony of the injured witness. Appellant's objections to procedural irregularities such as non-examination of public witness and non-recovery of the weapon of offense by the prosecution...
Delhi High Court Weekly Round Up: January 31 To February 6, 2022
ORDERS/ JUDGMENTS OF THE WEEK1. Arbitral Award Is To Be Executed At A Place Where Judgment Debtor Resides, Carries Business Or Has Assets: Delhi High CourtCase Title: Continental Engineering Corporation v. Sugesan Transport Pvt Ltd.Citation: 2022 LiveLaw (Del) 59The Delhi High Court recently dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act by...
Wages Under the Employees Compensation Act, 1923 Includes Privileges That Can Be Measured Monetarily: Jharkhand High Court
The Jharkhand High Court has held that wages under the Employees Compensation Act, 1923 include privileges or benefits that can be measured in terms of money, such as food allowance, etc. Justice Gautam Choudhary noted, "From the above definition of wages, it is manifest wages includes any privilege or benefits which is capable of being estimated in money. It has come in evidence that...
Version Of "Sterling Witness" Should Be Unassailable: Gauhati High Court
The Gauhati High Court held that the version of sterling witness is of very high quality and calibre and therefore, requires it should be unassailable while hearing a criminal appeal against the conviction of the appellant by the Special Court under section 4 of the POCSO Act, 2012.Sterling witness as defined in Rai Sandeep v. State (NCT of Delhi) (2012) 8 SCC 21 is a witness whose version can...
'Black Fungus Can't Be Considered As Pandemic', Rajasthan HC Disposes PIL Seeking Compensation To Next Kin Of Deceased Died Due To Covid & Black Fungus
A division bench of Rajasthan High Court, Jaipur observed that Black Fungus infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic. Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, while refusing to give any direction on the plea, observed: "An issue of providing compensation for victims...
Sabka Vishwas Scheme - Enquiry Initiated After Deadline Will Not Bar Filing Of Voluntary Disclosure: Bombay High Court
The Bombay High Court has ruled that initiation of investigation by the Goods and Services Tax authorities after June 30, 2019 – deadline for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) – cannot be a bar for the authorities to consider a declaration filed by a party under the SVLDR scheme.In a judgment last month, a division bench of Justices RD Dhanuka and SM...
No Embargo In Treating Testimony Of A Child Witness As The Sole Basis For Conviction: Punjab And Haryana High Court
Stating that statutorily, there exists no prohibition on child witnesses to depose in criminal or civil cases, except when the child does not understand the questions put to them, the Punjab and Haryana High Court has observed that when a child fully understands the questions and can provide answers regarding the same, rationally, then the testimony of a child witness can be the sole...
Employee Of Border Roads Organization Has No Fundamental Right To Claim Deputation To Any Other Organization Or Dept Like NHAI: Delhi High Court
The Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation or Department like National Highways Authority of India (NHAI).A bench comprising of Justice Manmohan and Justice Navin Chawla added that since an employee of Border Roads Organisation has to work primarily in the said Organisation, he has only...
No Frustration Of Contract Due To Mere Commercial Hardships Caused By Pandemic: Kerala High Court
The Kerala High Court has recently ruled that the occurrence of a commercial difficulty or hardship to perform a contract is not an excuse to back out from contractual obligations which the parties had agreed to in the first place. A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar while dismissing a petition, observed that merely because the pandemic has made...
Placing Hand On Woman's Body While She Is Sleeping Prima Facie An Offence U/S 354A IPC: Andhra Pradesh High Court
The Andhra Pradesh High Court recently ruled that a man placing hand on woman's body while she is sleeping prima facie constitutes an offence under Section 354A which prescribes punishment for sexual harassment. The acts punishable under Section 354 A are: physical contact and advances involving unwelcome and explicit sexual overtures; ora demand or request for sexual...
Compromise Deed Must State Reasons For Settlement For Quashing Of FIR & Criminal Proceedings: Punjab & Haryana High Court
High Courts are empowered under Section 482 of CrPC to quash FIR and further criminal proceedings, even for non-compoundable offences, if a compromise has been reached and the matter is personal. However, to seek such quashing, the compromise deed must not have inconsistencies and must state clear and specific reasons for the compromise, Punjab and Haryana High Court has held. In a...
If Sufficient Cause Is Shown, Delay Can Be Condoned For Substantive Justice U/S 5 Limitation Act: Gujarat High Court Grants Relief To Govt Company
"The consideration which cannot be ignored is that if sufficient cause for excusing delay is shown, discretion is given to the Court to condone delay and admit the appeal. This discretion has been deliberately conferred on the Court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice", the Gujarat High Court observed recently....