SC Grants Protection From Arrest To Doctor Couple Booked Under S.304 For Medical Negligence [Read Order]

The Supreme Court on Monday granted relief to doctorsDeepa and Sanjeev Pawaskar, who have been booked under Section 304 (culpable homicide not amounting to murder) of the IPC in a case of medical negligence.The couple moved the apex court once Bombay High Court rejected their anticipatory bail application and Justice SS Jadhav made sharp observations against their professional conduct...

Madras HC Bench Split About Recording Adverse Remarks On Trial Court Judge In Judgment [Read Judgment]

‘Commenting the judgment, giving warning to the learned Sessions Judge and registering adverse remarks in the service register, all this can be done separately by giving a chance to the learned Sessions Court Judge and to explain his stand regarding the judgment given by him,’ Justice Ramathilagam said.A division bench of Madras High Court, though concurred in reversing a trial court...

Best To Read Statutes For What They Intend Rather Than Interpret Punctuations; GS Patel J Rejects Distinction In Usage Of Term ‘Court/court’ In Arbitration Act [Read Order]

The Bombay High Court recently rejected a distinction between the usage of the word ‘Court’ in upper case and lower case in the Arbitration and Conciliation (Amendment) Act, 2015 sought to be drawn preliminary objection raised by a judgment debtor in an arbitral award dated January 2011.Note: A judgment debtor is a person against whom a judgment ordering him to pay a sum money has...

Sec 138 NI Act- No Legally Enforceable Debt If Cheque Issued For Illegal Consideration In A Void Contract : Karnataka HC [Read Judgment]

"When it is said it is illegal or unlawful consideration, it cannot be at any stretch of imagination be called a legally recoverable debt"The High Court of Karnataka quashed a complaint filed for dishonour of cheque under Section 138 of the Negotiable Instruments Act on the ground that the complaint did not reveal any "legally enforceable debt", in the case R.Parimala Bai v....

Documents Which Aren’t Part Of Charge-Sheet Can Be Received In Evidence For Prosecution During Trial: Karnataka HC [Read Order]

‘I do not have any hesitation to hold that the criminal court conducting the trial is bound to receive all the evidence produced by the prosecution irrespective of the fact whether the said evidence or documents were part of the charge-sheet placed before the court or not.’The Karnataka High Court has observed that the documents which are not the part of the charge-sheet could be received...

This Is Hardly Good Governance: SC Asks State Of Jharkhand To Make Regular Appointments Only [Read Judgment]

‘What has eventually been achieved by the State of Jharkhand is to short circuit the process of regular appointments and instead make appointments on an irregular basis. This is hardly good governance.’This is hardly good governance, remarked a Supreme Court bench headed by Justice Madan B Lokur observing that the State of Jharkhand continued with the irregular appointments for almost...

Cannot Cancel Entire Exam If Two Students Were Found Copying: SC Upholds ASTE Exam In Gauhati [Read Order]

The Supreme Court last week upheld the examination held for selection to the post of Assistant Signal-and- Telecommunication Engineer (ASTE) (Grade-B) against 30% LDCE quota vacancies in Gauhati.The Bench comprising Justice S.A. Bobde and Justice L. Nageswara Rao opined that the State could not have cancelled the entire exam if only two students were found copying, observing, “In...

Delhi Court Allows Shashi Tharoor To Travel Abroad

Congress MP Shashi Tharoor, accused of subjecting his deceased wife Sunanda Pushkar to cruelty and abetting her to commit suicide, was on Wednesday allowed by a Delhi court to travel abroad to several countries from August 10.Additional Chief Metropolitan Magistrate Samar Vishal granted Tharoor the permission to travel to five countries, including the USA, Canada and Germany, upon furnishing...

Delhi HC Allows OP Chautala To Summon Records Of 1997 Closed DA Case To Defend Self In 2010 Under Trial DA Case [Read Judgment]

Eight years after being charge-sheeted by the CBI in a disproportionate assets case, former Haryana Chief Minister OP Chautala has been allowed by the Delhi High Court to summon the record and witnesses pertaining to an FIR which was registered against him way back in year 1997 for allegedly amassing assets disproportionate to his known income only to end in a closure report.Justice...

Academic Qualification Can’t Be The Sole Criteria To Determine Merits Of Person: Tripura HC Upholds Compensation Awarded By MACT To Permanently Disabled Student [Read Judgment]

‘In our country, there are so many instances that a person with less academic career has become a successful industrialist and even participated in generating the economic growth of the nation.’While upholding compensation awarded by the Motor Accident Claims Tribunal (MACT) to a student who suffered accident, the Tripura High Court has observed that academic qualification cannot be the...

Three Law Students Fight For Toilet Facilities For Slum Dwellers, Delhi HC Issues Notice To Govt [Read Petition]

Moved by the pitiable condition of residents of a slum cluster in the heart of Delhi who are forced to defecate in open for want of a toilet and live in pathetic conditions, three law students have moved the Delhi High Court seeking direction to the government to provide them toilet and healthcare facilities and Anganwadi for women and children to ensure they do not suffer...

MP HC To Debar Members/Office Bearers Of Bar Council/Assns From Appearing Before Courts In Case They Give Strike Calls [Read Order]

"The litigant has a right to get justice. He will get justice only if the Courts are functioning in the country but the members of the Bar cannot make the third pillar of democracy non-functional by deciding to withdraw from work. Their action is antitheses of democratic life of the country."The first bench of Madhya Pradesh High Court has issued significant directives against the call of...