Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]

The Calcutta High Court has observed that communication by an advocate about a court order is as good as production of certified copy of the order in question, unless strongly rebutted.An application seeking an opportunity to lead evidence was turned down by the trial court. This order was challenged before the high court that directed the applicant to appear on a returnable date and granted...

Mutt Head Can Remove His Nominee If Any Act Undermines His Position As Religious Head: Madras HC [Read Judgment]

‘Since the appointment is admittedly a religious function without any administrative colour to it, a religious Head alone would be the competent person to judge what is good cause or not.’The Madras High Court has held that any act on the part of the nominee of a religious head of a mutt which undermines his position as a religious head can be a ‘good cause’ of his...

Journalists Are Not Liable For Defamation For Bringing Facts To The Public And Commenting On These Facts: Goan Court Dismisses Sanatan Sanstha’s Suit

A Senior Civil Judge in Ponda, Goa, has dismissed Sanatan Sanstha’s defamation suit against weekly Goan Observer for an article entitled ‘Protecting Hinduism-Sanatan Sanstha’ published in the week of June 28-July 4, 2008.Observations made by the Sanstha are significant considering that members of the Sanstha have been accused of the murders of Gauri Lankesh, rationalist Narendra...

"Attacking Public Spirited Lawyers Now A Trend": IAPL Condemns Arrest of Advocate Vanchinathan For Anti-Sterlite Movement

The Indian Association of People’s lawyers (IAPL) has condemned the arrest of Advocate Vanchinathan by the Chennai police in connection with the anti-Sterlite protests .According to reports, Mr. Vanchinathan  has been actively involved in the protests against the copper smelter since June, 2017. The Advocate has reportedly been a key person in the protests, having provided legal...

Appointment Of Judges From The Bar: Consideration By Collegium Is Not Based Only On Appearance Of Advocate Concerned: Madras HC [Read Judgment]

“Consideration by the Collegium is not based only on appearance of the advocate concerned, but on a whole lot of other facts, based on information, supported by materials on record. It is the strength of the materials on record, which render a decision unquestionable.”The Madras High Court recently rejected a plea challenging the appointment of Justice Subramonium Prasad as Additional...

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...