Consider Amending Provision To Allow 100 Percent Court Fees Refund If Suit Is Settled By ADR:Karnataka HC [Read Judgment]

Karnataka High Court has recommended to the State Government to consider amending a section in the State Court Fees Act, providing for 100% refund of court fees in case there is a settlement in a suit by taking recourse to Arbitration, Conciliation and Mediation. A division bench of Chief Justice Abhay Oka and Justice Mohammad Nawaz while partly allowing a petition filed by advocate...

NGT Directs CPCB To Submit Report On Action Plan For Enforcement Of E-Waste Management Rules

The National Green Tribunal has directed the CPCB (Central Pollution Control Board) to place a review and 'action taken' report for ensuring enforcement of E-Waste (Management) Rules, 2016 and the Environment (Protection) Act, 1986 ('EW Rules') by 31st January, 2020. The order was passed by the Principal Bench while considering a plea for remedial action against unscientific...

Unnao Rape Case: Delhi HC Orders Holding Of Court At AIIMS For Recording Of Victim's Statement

The Delhi High Court Friday approved recording of statement of the Unnao rape survivor at the trauma centre of All India Institute of Medical Science (AIIMS). A notification to this effect was issued by the Delhi High Court from the administrative side late in the evening. It said special judge Dharmesh Sharma, who is conducting trial of the cases, shall record her...

498A IPC: Maternal Uncles Of The Complainant's Sister In Law Are Not Relatives Of Husband, Says Delhi HC [Read Judgment]

The Delhi High Court has held that the words 'relatives of husband' under Section 498A of IPC mean relatives of the husband related by blood, marriage or adoption and cannot be fathomed to include maternal uncles the wife of the elder brother of the husband of the Complainant. Background The Petitioners, Akhtar Malik and Hanif Malik, through Advocate Sunil Sharma, had filed the present...

Rape: There Can Be No Presumption That Prosecutrix Would Always Tell Entire Story Truthfully: Tripura HC [Read Judgment]

"The broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape."

Advocates Of Madras Request Reconsideration Of The Collegium's Decision To Transfer CJ Tahilramani

In a letter addressed to the Supreme Court of India, the Advocates of the Madras High Court and other subordinate courts have requested reconsideration of the Collegium's decision, recommending transfer of Chief Justice of the Madras High Court, Justice V.K. Tahilramani to the High Court of Meghalaya. The Collegium had recommended swapping between positions of Justice Tahilramani and...

Mere Government Inefficiency Not A Ground For Delay Condonation, Reiterates SC [Read Order]

The Supreme Court has reiterated that mere government inefficiency cannot be a ground for condoning the delay.While dismissing the Special Leave Petition filed by the State of Odisha on the ground of delay, the bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph observed that it is for the state to 'put its own house in order'.The Government, in this SLP, had assailed a High...

Right To Atheism: Madras HC Reject PIL To Remove Atheistic Inscriptions Under Periyar Statues [Read Judgment]

"Thanthai Periyar, had advocated both atheism and self respect."

Land Denotification Case : Special Court Directs Former Karnataka CM H.D Kumaraswamy To Appear Before It Oct 4

Former Chief Minister of Karnataka H D Kumaraswamy has been summoned by a special court to appear before it on October 4, in relation to an alleged land denotification case, done for peculiar gains. The special court constituted for Elected Representative issued summons to 18 others apart from Kumaraswamy. The process was issued on the complaint made by one M Mahadeva Swamy. In...

SC Issues Notice On Plea Seeking Measures To Curb Violence Against Hospitals, Doctors

A group of private hospitals have moved Supreme Court seeking direction to government to take " immediate and necessary action against the perpetrators indulging in violence against medical professionals, medicare service and causing damage to the Clinical Establishments." The bench of justices N V Ramana and Ajay Rastogi on Friday issued notice and sought response from the...

The Real Point Is To Ascertain Which Contains The Truth: SC On Divergent Dying Declarations [Read Judgment]

"When there are divergent dying declarations it is not the law that the court must invariably prefer the statement which is incriminatory and must reject the statement which does not implicate the accused."

Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]

The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 (CPA) and Real Estate (Development and Regulation) Act, 2016 (RERA) are concurrent.BackgroundIn the petition titled "M/s M3M India Pvt. Ltd. & Anr. v. Dr. Dinesh Sharma & Anr." along with a batch of similar petitions, Justice Prateek Jalan was faced with the...