Karnataka High Court Monthly Digest: March 2023 [Citation 85 -133]

Nominal Index:B Ranganath Hegde And Karnataka State Legal Services Authority & Others. 2023 LiveLaw (Kar) 85Kattemane Ganesha v. State of Karnataka. 2023 LiveLaw (Kar) 86M/s Inditrade Fincorp Pvt Ltd And Union of India & Others. 2023 LiveLaw (Kar) 87Jayanna B @ Jayaram And State of Karnataka. 2023 LiveLaw (Kar) 88P S Leelavathi v. N Ravi Shankar & others. 2023 LiveLaw...

Kerala High Court Monthly Digest - March 2023 [Citations 109-166]

Nominal Index Citations [2023 LiveLaw (Ker) 109-166]Vimal K. Mohanan & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 110Sabu @ Eetty Sabu v State of Kerala 2023 LiveLaw (Ker) 111Vishnu and Others V State of Kerala and Others 2023 LiveLaw (Ker) 112Dr. Shiby M. Thomas v. The Hon'ble Chancellor, University of Calicut & Ors. 2023 LiveLaw (Ker) 113Rajeev A R V State of Kerala...

Modi Surname Remark: Patna Court Directs Rahul Gandhi To Appear In Court In Defamation Case Filed By RS MP Sushil Modi

An MP/MLA Court in Bihar's Patna district has directed Congress Leader Rahul Gandhi to appear before it on April 12 to record his statements under section 313 CrPC in the Defamation case filed against him by Rajya Sabha MP Sushil Kumar Modi.MP Modi filed a criminal complaint (through Senior Advocate and former Add. Solicitor General of India SD Sanjay) against Gandhi in 2019 under Section 500...

Maharashtra Bar Council Initiates Disciplinary Proceedings Against Lawyer For Filing "Frivolous" PIL Against A Sitting Judge

The Bar Council of Maharashtra and Goa has initiated disciplinary proceedings against an advocate for filing a PIL against Bombay High Court Judge – Justice Revati Mohite Dere – and allegedly maligning and tarnishing hers as well as the Judiciary’s image.The Bar Council has constituted a 3-member disciplinary committee against Advocate Mursalin Shaikh “for making the frivolous...

Statement Recorded U/S 164 Or 161 CrPC Can't Be Treated As Substantive Evidence Without Opportunity Of Cross-Examination To Defence: Patna High Court

The Patna High Court, while acquitting an accused under the POCSO Act, has reiterated that if the defence is denied an opportunity to cross examine a witness whose statement is recorded under Section 164 or Section 161 CrPC, then such statements cannot be treated as evidence of substantive character.The bench of Justice Alok Kumar Pandey relied upon Supreme Court's decision in R. Shaji vs....

Meghalaya High Court Cracks Whip On Overloaded Vehicles, Directs State To Carry Out Inspection Drives

The Meghalaya High Court on Friday directed the State government to take immediate action against the overloading of vehicles along the principal arterial routes in the State.The directions came to be passed by a bench comprising Chief Justice Sanjib Banerjee and Justice W. Diengdoh, while hearing a PIL pertaining to the movement of illegally mined coal in heavy vehicles without following...

Bombay High Court Criticizes Sessions Judge For Giving "Single-Line" Reasoning While Setting Aside Magistrate's Detailed Order

The Bombay High Court recently criticized a sessions judge for giving a single line reasoning to set aside a well-reasoned order passed by the judicial magistrate.Justice SG Mehare of the Aurangabad bench said that while writing a judgement in appeal, the court has to appreciate the case as if it is a trial before it.“…the learned Additional Sessions Judge has recorded a single-line...

Calcutta High Court Directs State-Owned Corporation To Refund Overdrawn Amount Deducted From Group C Employee's Retiral Benefits

The Calcutta High Court recently directed the State Government to pay the overdrawn amount to a Group ‘C’ employee which was recovered post his retirement on the ground that the said recovery by the employers was in violation of the ratio laid down by the Supreme Court in the State of Punjab and Ors. v. Rafiq Masih (2015) 4 SCC 344. The Supreme Court in State of Punjab and Ors....

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation.Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation –“One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting...

Mere Harassment For Recovery Of Loan Does Not Amount To Abetment To Suicide: Andhra Pradesh High Court

The Andhra Pradesh High Court recently quashed an abetment to suicide case under Section 306 of IPC stating that a mere allegation of harassment, without intention on part of the accused to encourage the deceased to commit suicide would not constitute the offence.The bench of Justice R.Raghunandan Rao said that, “One common thread (to constitute abetment to suicide) is the requirement...

Madras High Court Dismisses PIL Seeking Action Against Director Mani Ratnam For Allegedly Distorting History In Ponniyin Selvan

The Madras High Court recently dismissed a Public Interest Litigation seeking action against Director Mani Ratnam for allegedly portraying the wrong history of the Chola empire in his movie Ponniyin Selvan: I.Advocate L.K. Charles Alexander had alleged that the director has distorted the history of the Chola dynasty for commercial purposes and has used the names of the historical figures in...

Bombay High Court Stays Felling Of 177 Trees At Aarey Colony, Asks MMRCL To First Seek Clarification From Supreme Court

The Bombay High Court restrained the Mumbai Metro Rail Corporation from felling 177 trees at Aarey Forest without the MMRCL seeking a clarification from the Supreme Court.A division bench comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne reasoned that the Tree Authority couldn’t have permitted MMRCL to cut 177 trees despite the Supreme Court allowing it to...