Both Bar & Bench Commit Mistakes; Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement: Calcutta HC

The Calcutta High Court has observed that wrong advice of advocate can be considered as sufficient ground to condone the delay in filing the written statement.Justice Sabyasachi Bhattacharyya made this observation while setting aside a trial court order that rejected a petition to accept that a written statement was rejected, primarily on the premise that ignorance of law and wrong advice...

Taking Loans In Wife's Name And Failing To Repay Them Amounts To Cruelty: Uttarakhand HC [Read Judgment]

The Uttarakhand High Court recently allowed a wife's plea for divorce on the ground of cruelty, noting that the husband had repeatedly taken loans on the wife's name knowing well that she had no source of income, and had failed to repay them, putting her in trouble.The Bench comprising Justice V.K. Bist and Justice Alok Singh set aside a judgment passed by the Principal Judge, Family...

‘A Lawyer Cannot Avoid A Judge’: Kerala HC Recalls Former CJ’s Order To Not Post Cases Of Some Lawyers Before A Particular Judge

'A judge can recuse from a case. A judge can avoid a lawyer. But a lawyer cannot avoid a judge '.The decision by former Chief Justice has been suo moto recalled by Administrative Committee headed by new Acting Chief Justice.An unusual order passed by the former Chief Justice Antony Dominic accepting the request of four lawyers not to post their cases before Justice V.Chitambaresh has...

Bombay HC Dismisses Zakir Naik’s Petition Challenging Revocation Of Passport [Read Order]

The Bombay High Court on Wednesday dismissed Islamic Research Foundation (IRF) founder Zakir Naik’s petition challenging revocation of his passport and also seeking a ‘stay on arrest of the petitioner’.The petition, which was affirmed before a notary in Malaysia, was filed through Naik’s advocate JP Dhanda. It also sought various directions to the State of Maharashtra and the...

Recently Removed Gujarat HC Advocates' Association President Asim Pandya Moves HC Challenging No-Confidence Motion Passed Against Him [Read Petition]

Former President of the Gujarat High Court Advocates' Association (GHAA) Mr. Asim Pandya has petitioned the High Court challenging the no-confidence motion passed against him by the GHAA last month.Mr. Pandya was elected as the GHAA President in 2016 and then again in 2017 for a second term. A no-confidence motion was however passed against him on 4 May this year, after he had a disagreement...

Certificate Of Purchase Can’t Be Conclusive Proof Of Title In Case Of Joint Family Property: Bombay HC [Read Judgment]

The Bombay High Court has held that certificate of purchase cannot be conclusive proof of title vis-à-vis joint tenants of a land.Justice Anuja Prabhudessai held that in case of a joint family property, the certificate of purchase issued in the name of karta or an elder of the family is actually for or on behalf of the joint family.Case BackgroundThe court was hearing an appeal...

Levy Of Surcharge On Retailers On Basis Of Stock Imported Into State Is Discriminatory, Unconstitutional: Kerala HC

The High Court of Kerala has struck down Section 3(1A) of the Kerala Surcharge on Taxes Act, 1957 (“Act”) for being discriminatory and violative of Articles 301 and 14 of the Constitution. The section levied surcharge of 10 percent on retail chains importing more than 50 percent of the stock from other states and fulfilling other conditions as prescribed under Section 3(1A). The judgment...

No Mining Within 10 Km Radius Of National Parks Without Obtaining Clearance From National Board For Wildlife: Uttarakhand HC [Read Order]

The Uttarakhand High Court has directed the State Government to ensure that no mining is being undertaken within 10 km from boundaries of national wildlife parks in the State without the approval of the National Wildlife Board."The mining activity in the close vicinity of National Parks causes distress to the wildlife. The Contractors deploy heavy machinery causing noise pollution in the area...

Establish Regional Bench Of Armed Forces Tribunal In The State Within 4 Months: Uttarakhand HC To Centre [Read Judgment]

The Uttarakhand High Court recently directed the Centre to establish a Regional Bench of Armed Forces Tribunal in the State of Uttarakhand within four months. Till then, the Circuit Bench has been directed to hold proceedings at Nainital every month.The Bench comprising Justice Rajiv Sharma and Justice Lok Pal Singh observed, "We, as a nation, are proud of the armed forces. The sacrifices made...

One Of The First Designated Senior Advocates Of Kerala HC, S. Venkitasubramonia Ayyar Passes Away

Senior Advocate of the High Court of Kerala, S. Venkitasubramonia Ayyar, (SVS Ayyar), passed away on Monday. He was 85 years old.  SVS Ayyar started his practice in the lower courts of Thiruvalla, Kerala in 1955, under the aegis of his father, Late Adv. R. Subramonia Ayyar, before shifting to Alleppey a few years later. His areas of expertise included civil laws, land laws, canon...

Victim Shall Not Be The Sufferer: Kerala HC Orders Release Of Juvenile ‘Victim’ From Mahila Mandiram [Read Order]

‘When a child is found in need of care and protection, before putting the child in Children's Home, there should be application of mind by the Committee; Committee shall take into account the investigation report by the Child Welfare Officer as well as child's wishes. ‘Ordering a girl to be released from Mahila Mandiram, the Kerala High Court has held that a victim/juvenile cannot...

Chief Judicial Magistrate Can’t Grant Time For Payment Of Debt Due To Secured Creditor: Kerala HC [Read Judgment]

‘Merely for the reason that the power under Section 14 is exercised by the Chief Judicial Magistrate, it cannot be argued that the power is judicial as it is now settled that the fact that the power is entrusted or wielded by a person who functions as a court is not decisive of the question whether the act or decision is administrative or judicial.’The Kerala High Court, in Canara Bank...