Cousin of the deceased has no right to file an appeal under Section 372 CrPC: Patna HC [Read Judgment]

The Patna High Court in KALENDAR KUMAR @ KALENDRA KUMAR VS. STATE OF BIHAR, has observed that Cousin of a deceased cannot be said to be an aggrieved party and he has no right to file an appeal under Section 372 of Code of Criminal Procedure.Division Bench comprising of Justices Navaniti Prasad Singh and Nilu Agrawal made this observation in an Appeal filed by cousin brother of the deceased...

No separate ‘Crooner’s licence’ required for lady performers in Bars: Calcutta HC [Read Judgment]

The Calcutta High Court has held that, no separate “Crooners licence” is needed for live performers/crooners in hotels/bars/restaurants which has valid licences under the Bengal Excise Act to carry on live performances in their establishments.However, Justice Joymalya Bagchi, taking judicial notice of the fact that lady crooners perform in most vulnerable circumstances exposing them...

Calcutta HC moots for “pragmatic” approach in the matter of condonation of delay by State [Read Judgment]

The victim is justice and the same cannot be allowed. The deliberate lapses and inaction on the part of the officers cannot be a ground to sacrifice justice, the Bench observed.Last month, Live Law had reported a Judgment by Bombay High Court which had held that merely because applicant is a State, delay in filing appeals cannot be condoned and no separate standards to determine the cause laid...

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]

Delhi High Court answering an ‘interesting question’ about ‘child custody’ proceedings, has held that a spouse who seeks custody of the children by moving a petition under Section 25 of the Guardians and Wards Act and obtains interim orders cannot withdraw the proceedings and continue to take benefit of the interim orders. In such an event, the Court held, that the other spouse can...

Joint petition for dissolution of marriage cannot be dismissed for want of reasons for separation: Madras HC(DB) [Read Judgment]

It is not the intention of the legislature to deny divorce, in spite of parties taking a conscious decision to part ways, the Court said.The Madras High Court in A.C.Mathivanan vs. B.Sathyabama has, set aside a Family Court judgment which had dismissed a Joint petition for divorce on the ground the parties have not mentioned the reasons for their separation.Setting aside the Judgment of...

UP cabinet approves Amendments to retain official residences for EX-CMs after SC verdict

UP Government has accorded cabinet approval to key amendments in the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, enabling former Chief Ministers to retain their official residence indefinitely. The Akhilesh Government’s latest move comes as a relief to those who were supposed to let go off their Bungalows as per Supreme Court’s order...

SC upholds Kerala HC ruling on distinction between “Loss to the Estate” and “Loss of Estate” [Read Judgment]

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal.The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death...

Essentiality of a term in Notice Inviting Tender to be decided by the Employer: SC [Read Judgment]

One of the possible reasons for this extremely low ranking given to our country is the failure of all parties concerned in strictly adhering to the terms of documents such as the NIT and the GTC, the Bench observed.The Supreme Court in Central Coalfields Limited & Anr vs. SLL – SML (Joint Venture Consortium) & Ors. has held that, decision taken by the employer about essentiality of...

Kerala HC admits Lawyer's challenge against denial of Senior Designation [Read Petition]

The High Court of Kerala, has admitted a writ Petition filed by Advocate Advocate P.B Sahasranaman challenging the decision  of High Court rejecting his application for senior designation.Though a plea on similar lines was raised by the petitioner before the Supreme Court earlier, the same was declined . The Court however relegated the petitioner to approach the High Court to ventilate...

Salient Features of Motor Vehicles Amendment Bill 2016

The Motor Vehicles(Amendment) Bill 2016, introduced in the Lok Sabha by the Union Minister of Road Transport and Highways, Sri. Nitin Gadkari, on 09.08.2016, seeks to bring about comprehensive changes in the present Motor Vehicles Act. The salient features of the Bill are as follows :-Limits on insurer’s liabilityThe proposed amendment seeks to put a cap on the liability to be borne...

Change of Counsel would not confer any right for the party to re-call witness for Cross Examination: Delhi HC [Read Order]

Delhi High Court has recently held that if cross examination of a witness is concluded by a counsel upto best of his capability, subsequent change of counsel by a party would not confer any right on him/her to recall the witness for further cross examination or to fill up the lacuna, if any, left.The Bench comprising Justices Pratibha Rani and Pradeep Nandrajog also held that the witnesses...

Bar Council of India temporarily revokes suspension of Lawyers. Directs resumption of Court work [Read Order]

The Logjam due to suspension of 126 Tamil Nadu Lawyers protesting against the amended rules to the Advocates Act, seems to be having an amicable resolution in the offing. The Bar Council of India has stayed its 23rd July Order till 22nd August and has directed the suspended lawyers to resume work. The almost 3-month long strike had paralysed several courts in the State of Tamil Nadu...