Bombay HC Upholds Vires Of S. 28 A(1) Of Maharashtra Civil Courts Act, 1869 [Read Judgment]

The Bombay High Court, while deciding a reference submitted by a joint civil judge, Senior Division, Kolhapur, has upheld the vires of Section 28 A(1) of the Maharashtra Civil Courts Act, 1869.The civil judge had opined that Section 28 A(1) of the Act of 1869 is invalid or inoperative in the light of Sections 265, 272, 286 and 295 of the Indian Succession Act, 1925.This opinion was noted...

Bombay HC Refuses To De-Freeze Two Accounts Of Adarsh Housing Society

Bombay High Court on Wednesday refused to de-freeze two bank accounts of the Adarsh Co-operative Housing Society(ACGHS) having around Rs.1.47 cr.The society sought these accounts to be de-freezed and the matter came up before Justice A K Menon.Society moved HC after the same plea was rejected by the Special Central Bureau of Investigation (CBI) court in September 2015.CBI counsel Hiten...

Bail Can Be Cancelled If Granted By Trial Court On Irrelevant Material: Delhi HC [Read Judgment]

The High Court of Delhi recently set aside an order of grant of bail, observing that such orders can be cancelled to prevent miscarriage of justice, if they are based on irrelevant material,“This Court is conscious that cancellation of bail is a serious matter. Bail once granted can be cancelled only when there exist very cogent and overwhelming circumstances. It is settled law that...

Delhi HC Judge Disposes Of Criminal Appeals By Reducing Sentence To Period Already Undergone [Read Judgments]

Justice IS Mehta of the Delhi High Court has disposed of around eight criminal appeals by affirming convictions but by modifying the sentence to the sentence already undergone.Though the crimes and facts of each cases were different, the reasons for modifying the sentence in all these cases are similar viz. the young man, sole bread earner of his family and who has to look after his...

Negligence Wouldn’t Disentitle Grant Of Compensation Under Railways Act: Delhi HC [Read Judgment]

The High Court of Delhi recently highlighted the distinction between an untoward incident and an act of criminal negligence, to hold that only the latter would disentitle grant of compensation under the Railways Act, 1989.“I cannot agree with the arguments urged on behalf of the appellants/applicants in the facts of the present case because there is a difference between an untoward incident...

AA Kumbhakoni To Be The Next Advocate General Of Maharashtra

Maharashtra cabinet has recommended the name of Senior Advocate AA Kumbhakoni to be the next Advocate General.Governor's nod to this recommendation will lead to his formal appointment.The post of Advocate General remained vacant after former AG Rohit Deo J was elevated to the bench recently.Kumbhakoni was also elevated to the bench in 2008 but resigned in six months over issues related to...

Bombay HC Relief To 4 Pune Clubs Ordered To Shut Shop After Highway Liquor Ban [Read Order]

The Bombay High Court has granted ad-interim relief to four clubs from Pune that were issued notices by the state Excise department on May 18 to close down their operations with immediate effect.With the relief, these four clubs can continue to run their businesses until further orders.The Excise department issued the said order following the Supreme Court’s judgment directing both the...

Law Commission Invites Views On Legalization Of Betting And Gambling [Read Appeal]

The Law Commission of India has invited views and suggestions from stakeholders and general public on the issue of legalizing betting and gambling.This is in furtherance of a Supreme Court directive issued in the case of Board of Control for Cricket in India v. Cricket Association of Bihar & Ors., (2016) 8 SCC 535, wherein the Apex Court had mandated the LCI to study the possibility...

Records Of ‘Mace To Justice’ Unavailable With Registry: MP HC

In a reply to an RTI application, the public information officer of the Madhya Pradesh High Court has said documents pertaining to ‘Mace of Justice’ cannot be supplied due to unavailability with the record room.Gyan Prakash, a 70-year-old social activist, had sought RTI information from the MP High Court as to under which provision of Indian law the ‘Mace of Justice’ is brought...

Counsel Can Sue In Cause Initiated By Client If He Has Independent Cause Of Action: Kerala HC [Read Judgment]

If the counsel is aggrieved and, even in a cause imitated by his client, if he has an independent cause of action, he can sue in his own name, the bench observed.The Kerala High Court has held that if the counsel of a litigant is aggrieved in a cause initiated by his client and if he has an independent cause of action, he can sue in his own name.The counsel for a litigant before the family...

Frame Guidelines For Releasing Govt Ads to Newspapers: Madras HC tells TN Govt [Read Order]

Lack of proper policy would be that some newspapers, which report activities of the state government in a favourable manner, would enjoy state patronage, the court observed.The Madras High Court has recently directed the Tamil Nadu Government to frame guidelines/qualifications for releasing government advertisements to the newspapers on the basis of circulation and other criteria without...

Don’t Misconstrue Court Order On Highway Liquor Ban: Kerala HC Cautions Excise Dept [Read Order]

Justice Devan Ramachandran of the Kerala High Court on Tuesday strongly censured and deprecated the approach taken by the Excise department in matters pertaining to ban on sale of liquor along national /state highways.The court had earlier directed the Excise department to consider permission to bars along highways de-notified prior to the Supreme Court judgment. The court, however, out...