News Updates
Not Required To Show Prejudice, Where There Is Violation Of Fundamental Rights – Bombay High Court Directs Customs To Pay Rs. 2cr For 23 Year Delay
The Bombay High Court has directed the customs department to refund Rs 2 crore along with an interest of 12% per annum to a fabric-exporter due to the delay of 23 years in deciding a fraud case initiated against him. A division bench of the Chief Justice Dipankar Datta and Justice MS Karnik observed while setting aside the demand notice. "While the respondents' right in law...
Doctor's Opinion Is Relevant U/S 45 Of Evidence Act But It Can't Take Place Of Substantial Evidence: Madhya Pradesh High Court
The Madhya Pradesh High Court (Gwalior Bench) recently observed that the opinion of a doctor is relevant evidence under Section 45 of the Evidence Act, but it can rarely take the place of substantive evidence and it cannot be conclusive because it is only opinion evidence.The Bench of Justice Rajeev Kumar Shrivastava observed thus as it dismissed a criminal revision plea filed by one...
No Appeal Lies U/S 96 & 100 CPC Against A Mere Finding/Observation When The Decree Has Not Gone Against Appellant: Orissa High Court
The Orissa High Court has held that a party cannot file an appeal against a mere finding / observation of the Trial Court, when the decree has not in any way gone against such a party.Justice Debabrata Dash observed,"No Appeal lies against a mere finding. Section-96 and 100 of the Code provide for an Appeal against decree and not against judgment. No Appeal lies against a finding...
S. 20 CPC| Company Presumed To Operate From Where Principal Office Is Located In Absence Of 'Exclusion Clause': Delhi High Court
The Delhi High Court has reiterated that for the purposes of determining territorial jurisdiction of Courts, a company is presumed to carry its business from where its principal office is located.In the present case, where the Defendant-company claimed to operate from Jaipur, Justice Yogesh Khanna further made it clear:"the company has its principle office at Delhi; this Court shall have...
Farmer's Death During Tractor Rally: Delhi High Court Issues Notice On Plea Alleging Anomaly In X-Ray Plates
The Delhi High Court on Friday issued notice on a plea alleging anomaly in the X-Ray plates of 26 year old Navreet Singh, who had passed away last year in the Republic Day farmers' protest rally due to the alleged overturning of a tractor. Justice Rajnish Bhatnagar was dealing with an application filed in the plea moved by the deceased's grand father Hardeep Singh seeking a Court monitored...
Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court
The Delhi High Court has held that the accused cannot recourse to a third party, such as a Power of Attorney holder, to represent him in criminal proceedings. Citing the mandatory requirement of personal appearance of the accused in the Code of Criminal Procedure, the Court noted that the presence of third parties in criminal cases would defeat the very purpose of the...
Delay In Offering Possession: NCDRC Orders Compensation & Return Of Total Deposit With Interest By Indiabulls
The National Consumer Disputes Redressal Commission has ordered Rs. 1 lakh compensation and return of deposits on Athena Infrastructure Ltd and Indiabulls Real Estate Ltd ('Builders') for delay in offering possession to a homebuyer.Justice Ram Surat Ram Maurya dismissed the Builders' contention that time was not the essence of the contract. Relying on the Supreme Court's decision in...
Prosecution Must Prove 'Nature Of Weapon' Used During Robbery Was Deadly For Upholding Conviction U/S 397: Delhi High Court
The Delhi High Court has modified the conviction and sentence of a man from sec. 397 of Indian Penal Code to sec. 392 as the prosecution had failed to prove the use of a deadly weapon. Justice Mukta Gupta was of the view that the prosecution is required to prove the nature of the weapon of offence used specially in the case of knife or blade."In the absence of the use of a deadly weapon...
Delhi High Court Directs CBI To Recall Lookout Circular Against Businessman Sathish Babu Sana In Corruption Case
The Delhi High Court on Friday directed the Central Bureau of Investigation (CBI) to recall the lookout circular issued against Businessman Sathish Babu Sana in relation to a corruption case involving meat exporter Moin Qureshi and other persons. Justice Mukta Gupta however added that Sana will continue to join the investigation as and when directed by the Investigating Officer. "The...
Under Maintenance Proceedings Under Sec. 125 CrPC Court May Not Usurp Jurisdiction Of Civil Courts: Delhi High Court
The Delhi High Court has observed that while the task of deciding the marital status of the parties has been conferred with Civil Courts, the Court under maintenance proceedings under sec. 125 of the Cr.P.C. may not usurp the jurisdiction of the Civil Courts.Justice Chandra Dhari Singh added that in order to preserve the social intent of sec. 125 of the Cr.P.C., the Magistrate can render...
Rajasthan HC Dismisses Doctors' Appeal To Shift The Cut-Off Date To Consider Their Experience Of Service In PG Medical Courses
A division bench of Rajasthan High Court dismissed an appeal filed by several doctors directing the respondent authorities to consider their experience of service in Government hospitals of remote and difficult areas till 31.10.2021, instead of 30.09.2021. Chief Justice Akil Kureshi and Justice Sameer Jain, observed, "The policy of the State is to grant incentive. No candidate has...
Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute
The Delhi High Court on Friday asked Indian Kanoon to consider blocking access of a trial court judgment concerning a matrimonial dispute in a plea invoking the right to be forgotten. Justice V Kameswar Rao issued notice on the petition which had sought removal of the said judgment and posted the matter for further hearing on February 17 along with other similar matters involving the question...