COVID-19: Calcutta High Court Permits Hybrid Hearings, Court Hours Restored To Original Timings

The Calcutta High Court on Tuesday released a notification permitting proceedings to be conducted through hybrid mode which allows physical appearances of lawyers as well as through virtual mode."Upon consideration of the recommendations of the Hon'ble Covid Committee of this Hon'ble Court, the Hon'ble the Chief Justice has been pleased to direct that the Court proceedings can be...

'No Right Of Permanent Usage': Madras High Court Rejects Koyambedu Tomato Traders' Plea For Allocation Of Specific Parking Ground

The Madras High Court has dismissed a plea filed by Thanthai Periyar Tomato Traders Association seeking exclusive allocation of a specific area for loading/ unloading tomatoes from trucks in Koyambedu Market.Noting that the Market Management Committee (MMC) has been accorded the power under the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996 to allot spaces...

Sole Eyewitness Testimony Cannot Be Ignored Only Because Testimony With Regards To Other Co-Accused Persons Has Been Found To Be Unreliable: Calcutta HC

The Calcutta High Court has recently held that the testimony of a sole eyewitness with respect to an accused cannot be ignored solely because her evidence with respect to the other co-accused persons has been found to be unreliable. A Bench comprising Justice Joymalya Bagchi and Justice Bibhas Ranjan De observed that the principal of 'falsus in uno, falsus in omnibus' (false in one thing,...

Marital Rape Exception Restricts Women's Freedom Of Sexual Expression, Violates Art. 19(1)(a) Of Constitution: Adv Karuna Nundy To Delhi High Court

The Delhi High Court on Wednesday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Advocate Karuna Nundy argued before a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that the marital rape exception takes away a married woman's...

Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates

The Kerala High Court on Tuesday held that a mere temporary shift of residence cannot be the basis on which a matter pending before the competent jurisdiction is transferred, particularly when the petitioner's permanent residence is within the jurisdiction of the competent court. Observing so, Justice A. Badharudeen refused to entertain a transfer petition filed by a woman who had sought for...

Limitation Under Art. 68 & 91(a) Runs From 'Date Of Actual Knowledge' Of Misappropriation: Delhi High Court

The Delhi High Court has clarified that the phrase "first learns" used in the Limitation Act 1963 vide Articles 68 and 91(a) in its Schedule means "actual knowledge" of misappropriation and not merely "speculative knowledge."Limitation under Article 68 pertains to specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion. The period of limitation is...

"I Will Surrender" – BJP MLA Nitesh Rane Withdraws Bail Plea Before Bombay High Court

Sitting BJP MLA Nitesh Rane will surrender before the investigating officer in an attempt to murder case registered against him in Sindhudurg. He withdrew the bail application he filed in the Bombay High Court yesterday. Justice Sarang Kotwal disposed of the petition as withdrawn. Advocate Satish Maneshinde submitted that "in view of what has happened yesterday in Sindhudurg court,...

Karnataka High Court Directs Govt To Submit Concrete Proposal To Overcome Space Crunch, Says Bar Council Must Find Its Own Office Space

The Karnataka High Court on Wednesday directed the state government to submit a concrete proposal to solve the problem of space crunch faced in the High Court building, by February 14. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally said,"Next time if we do not find any solution we will pass a judicial order to vacate the Karnataka...

Demanding Additional Performance Security For Unbalanced Bid Is Arbitrary & Illegal: Rajasthan HC Sets Aside E-Auction Notices Of Water Department

The Rajasthan High Court has set aside e-auction notices issued by the Water Department which demanded additional performance security for unbalanced bids, as arbitrary and illegal. The court directed the respondents-state to permit the petitioners to perform the contract in accordance with law, without insisting upon additional performance security. Justice Dinesh Mehta, ruled,"A look...

BREAKING| Mumbai Court Summons WB CM Mamata Banerjee In Complaint About Insult To National Anthem

A Metropolitan Magistrates Court in Mumbai has issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem. The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that...

'Pre-Natal Diagnostic Techniques Act'- Police Can Probe Offence But Court Can Take Cognizance Only On Complaint Of Appropriate Authority: P&H HC

The Punjab and Haryana High Court has observed that an FIR regarding an offence under the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 [PCPNDT Act] can be lodged and investigation can be undertaken by the Police, however, cognizance of the offence can be taken by the Court only on the complaint made by the Appropriate Authority as per...

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court

If the offence committed is punishable with less than seven years, is a bailable, non-heinous offence and the accused who is a first-time offender, has established a fair ground for not being present in court, to the court's satisfaction, then just the fact that accused has been a proclaimed offender will not bar him/her from availing the benefit of Anticipatory Bail under S. 438 of...