News Updates
Gauhati High Court Expresses Shock Over High-Handedness Of Traffic Police Against Commuter; Orders Training For All Constables
The Gauhati High Court has expressed its serious displeasure over an incident involving alleged misuse of authority and force by traffic personnel against a 'trivially errant' commuter. A Division Bench of Chief Justice R.M. Chhaya and Justice Soumitra Saikia observed, "It is no doubt true that the authorities have initiated Departmental Proceedings against the erring police personnel...
NEET Candidate Alleges Her Answer Sheet Was Swapped, Madras High Court Directs NTA To Produce Her Original OMR
The Madras High Court bench of Justice R Subramanian on Tuesday directed the National Testing Agency to produce the original OMR sheet of a candidate after she approached the court alleging that she was given another candidate's answer sheet after correction. The petitioner, KS Bhavamirthne, who had appeared for the NEET (UG) 2022 Examination conducted by CBSE for admission into...
Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC
The Kerala High Court on Wednesday granted bail to a man accused of smothering and electrocuting his wife to death with an observation that merely because he was earlier released on bail by a court of incompetent jurisdiction would not be a reason keep him in custody, ignoring the basic tenets of criminal jurisprudence that an accused is presumed to be innocent until proven guilty."The...
Handwriting Expert's Opinion About Suicide Note Becomes Doubtful If IO Does Not Depose About Sourcing Admitted Writings Of Deceased: P&H High Court
The Punjab and Haryana High Court has held that the opinion of a Handwriting expert regarding a suicide note having been written by the deceased cannot be a conclusive proof if the person (Police), who sourced and handed over admitting writings of the deceased for examination, fails to disclose such fact in its evidence.In one such case where the ASI failed to make a deposition qua his...
Gujarat Mining Rules | Seized Property Along With Written Complaint Must Be Produced Before Competent Court Within 45 Days: High Court
In a recent order, the Gujarat High Court has clarified in the context of the Gujarat Mining Rules, 2017 that the investigator must approach the Sessions Court with a written complaint and produce the seized properties with the Court on the expiry of the specified time period. Failure to do this exercise, would result in the frustration of seizure and bank guarantee. Consequently, the...
Accepting Terms And Conditions on Website Containing Arbitration Agreement, Valid: Bombay High Court
The Bombay High Court has reiterated that reference of a dispute to arbitration can only be refused in cases of "serious allegations of fraud", which is made out when either of the tests propounded by the Apex Court in Avitel Post Studioz Limited & Ors. versus HSBC PI Holdings (Mauritius) Limited (2020), are satisfied.The Single Bench of Justice G.S. Kulkarni ruled that a...
Writ Courts Can't Adopt 'Come What May Attitude' In Contractual Matters When Actions Of Public Functionaries Are Manifestly Arbitrary: Karnataka HC
The Karnataka High Court has observed that ordinarily, Writ Courts do not grant indulgence in matters involving contract and non-payment of contractors' bills, more particularly when disputed facts are involved. Aggrieved parties can work out their remedies by an ordinary civil suit or by invoking arbitration clause, if there be one.However, it added that Courts should not adopt callousness...
Non-Payment/Insufficiency Of Stamp Duty Cannot Render The Arbitration Agreement Invalid: Delhi High Court
The High Court of Delhi has held that non-payment or insufficiency of stamp duty on the underlying agreement cannot render the arbitration clause invalid. The Bench of Justice Anup Jairam Bhambhani relied on the judgments of the Supreme Court in N.N. Global Mercantile Private Limited vs. Indo Unique Flame Limited[1] and Intercontinental Hotels Group (India) Pvt. Ltd. and Another...
Caste Certificate - Ordinary Residence Of Applicant Cannot Be Determined In A Summary Enquiry: Bombay High Court
The Nagpur bench of Bombay High Court has recently held that the question of ordinary residence of a person for the purpose of verifying caste certificate cannot be determined without a Vigilance Cell inquiry and providing the person an opportunity to submit evidence. "A finding that the applicant was not an ordinary resident cannot be recorded by taking a summary enquiry",...
Objectionable Posts Against Hindu Gods: Twitter Tells Delhi HC It Can't Decide What Content On Its Platform Is Unlawful Unless Put To 'Actual Knowledge'
The micro-blogging website Twitter has informed the Delhi High Court that being an intermediary, it cannot decide whether content on its platform is lawful or otherwise unless it is put to such "actual knowledge".Twitter has further informed the Court that it can take down content from the platform on being notified about the same by way of a court order or by notification by the...
Minor's Mob-Lynching Case | "Mob Violence Worst Form Of Crime; Police Hiding Something": Jharkhand High Court Orders CBI Probe
"Mob lynching or mob violence is one of the worst forms of crime committed by a group of people in a locality without any botheration of its consequence," the Jharkhand High Court observed as it transferred the probe into the 2022 mob lynching case of a minor boy named Rupesh Pandey to the Central Bureau of Investigation (CBI).The bench of Justice Sanjay Kumar Dwivedi prima facie observed...