Purpose Of Rectification Deed Is To Remove Inadvertent Errors, Clarify Imperfections In Earlier Deed: Madras High Court

In a recent judgment, the Madras High Court has given some clarifications about the scope of rectification deed and whether the entering of the rectification deed for clarifying a fact would mean the existence of the same in the original sale deed.The bench of Justice T. Raja and Justice D. Bharatha Chakravarty was considering the appeal of Vodafone Idea Limited under Section 47-A(10) of...

Delhi HC Directs Centre To Issue Communications To AIIMS, Centres Of Excellence To Start Treatment Of Children Suffering From Rare Diseases

The Delhi High Court has directed the Centre to issue communications to the All India Institute of Medical Sciences (AIIMS) and Centres for Excellence established across the Country, for starting the treatment of the children suffering from rare diseases, without any delay. "Noting the submission made by counsels for the parties, it is directed that the respondent No.1 shall issue...

Confining Benefit Of Enhancement Of Age Of Superannuation To One Set Of Employees & Denying It To Another Is Discriminatory: Orissa High Court

The Orissa High Court has upheld the decision of Single Judge Bench which had issued a mandamus to the Housing and Urban Development Department ("HOUDD"), Government of Odisha as well as to the Orissa Water Supply and Sewerage Board ("OWSSB") to increase the age of superannuation of its four employees who had approached the Court.The four employees were denied the benefit by the...

Delhi High Court Issues Notice To Centre On Plea For 'Total Prohibition' On Cow Slaughter

The Delhi High Court has issued notice on plea seeking "total prohibition" on slaughter of cows and its progeny, alleging that the same violates Article 48 of the Constitution.Article 48 is a Directive Principle requiring state to make efforts for banning slaughtering of cows and calves and other milch and draught cattle. A Division Bench comprising of Chief Justice Patel and Justice...

Delhi Riots | Protest Sites Raised Inorganically, CCTVs Disconnected & Attempts To Clear Evidence: Prosecution Argues In Bail Hearing

Opposing the bail pleas of several accused in the Delhi riots larger conspiracy case, the prosecution on Wednesday told a Delhi Court that the protest sites were inorganically raised without the involvement of locals. Special Public Prosecutor Amit Prasad attributed the role of the members of the DPSG Group in inciting violence, deflecting the CCTV cameras and erasing evidence.Prasad was...

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,...