News Updates
[S.256 CrPC] Advocate's Mistake Should Not Prejudice Party's Rights: Calcutta HC Sets Aside Acquittal In Cheque Dishonour Case
Opining that the rights of a party should not be prejudiced due to an inadvertent mistake made by the advocate representing the party, the Calcutta High Court on Friday set aside an order of acquittal for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act. Justice Ananya Bandyopadhyay observed,“A mistake on the part of the learned advocate representing...
Court's Patience Should Not Be Treated As Its Weakness: Kerala High Court Warns Govt On Issue Of Unauthorized Banners In Public Places
The Kerala High Court today directed the Secretary of Industries Department to file an affidavit before 1.45 PM on Wednesday, in the matter pertaining to illegal installation of boards and banners at public places in the State. It added that on failure of the Secretary to do so, he ought to be present in person to give explanation for the same. Justice Devan Ramachandran, observed, "This...
Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC
The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law. The petitioner had filed an application under the Right to Information Act before the Commission seeking certain information. Following the affidavit...
Insurer Can't Claim Exemption In Absence Of Material To Show Claimant Was A 'Gratuitous Passenger': Gauhati High Court
The Gauhati High Court today upheld the order of the Motor Accidents Claims Tribunal awarding compensation to a person by holding him a ‘non-gratuitous’ passenger. The claimant was travelling in a truck, the driver of the vehicle lost control and knocked one stationary vehicle and one electric pole. The claimant sustained serious injuries on his left upper limb and subsequently...
'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father
The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child.A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty dismissed the appeal filed by...
Weekly Digest Of IBC Cases: 30 January To 5 February 2023
Supreme Court Jet Airways Insolvency: Supreme Court Affirms NCLAT Order Directing Successful Bidder To Clear PF, Gratuity Dues Of Employees Case Title: Jalan Fritsch Consortium v Regional Provident Fund Commissioner and Anr. Case No.: C.A. No. 407/2023 The Supreme Court Bench comprising of Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala, refused...
Land Shown As Common Area Belongs To Flat Owners, Builder Cannot Sell It: Madras High Court
The Madras High Court has recently observed that when a land is shown as a common area and is developed as a common facility, it belongs to the flat owners of the building.Once the land is shown as a common area and common facility is developed, the land will belong to the owners of such common facility. If there is a mistake in the calculation of the (undivided share) UDS, it has got to...
Departmental Enquiry Can't Be Dispensed Merely On Ground That Minor Penalty Is Imposed On Employee: Chhattisgarh High Court
The Chhattisgarh High Court on Friday, directed to restore the payment and annual increment of an official of SAIL on the ground that no departmental enquiry has been initiated against him. The petitioner was posted as Deputy General Manager (Inspection Deptt.) at Bhilai Steel Plant (BSP) and was entrusted with the job of organizing inspection of the refractory material at...
Mumbai Court Sentences Businessman To 3 Months Imprisonment For Negligence After His 'Aggressive' Rottweiler Dog Attacked 72-Yr-Old Relative
A Metropolitan Magistrate Court in Mumbai convicted and sentenced a businessman to three months imprisonment for negligence under Section 289 of the IPC after his Rottweiler dog attacked a 72-year-old relative and bit him thrice thirteen years ago. Metropolitan Magistrate Nadeem Patel observed that being the owner, convict Cyrus Hormusji was fully aware of the dog’s...
Allahabad High Court Weekly Round-Up: January 30 to February 5, 2023
NOMINAL INDEX Javed Mohammad @ Pump vs. State of U.P. 2023 LiveLaw (AB) 43 Abbas Ansari and another vs. State of U.P. and 2 others 2023 LiveLaw (AB) 44 Lalita Gupta vs. High Court Of Judicature Allahabad Thru. Registrar General And Others 2023 LiveLaw (AB) 45 Fuzail vs. State of UP 2023 LiveLaw (AB) 46 Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social...
State Commissioner For Persons With Disabilities Can Only 'Recommend' KPSC To Provide Exam Centres Near Residence Of Disabled Candidates: Kerala HC
The Kerala High Court recently held that the order issued by the State Commissioner for Persons with Disabilities to the Kerala Public Service Commission (KPSC) directing it to provide candidates with disabilities, who are participating in its selection process, with examination centres near their residences, was beyond the scope of its powers. The Single Judge Bench of Justice Shaji P....
Jurisdiction | “Ordinarily Resides” U/S 9 Guardians & Wards Act Doesn't Concern Time Spent At A Particular Place But Intention To Reside: MP High Court
The Madhya Pradesh High Court, Indore Bench recently reiterated that the term “ordinarily resides” under Section 9 of the Guardians and Wards Act has to be determined based on the intent of the person concerned residing at a particular place upon reaching there. Section 9 of the Guardians and Wards Act (“the Act”) deals with the jurisdiction of Court with respect to...