News Updates
Criminal Proceedings Not For Realization Of Disputed Dues: Punjab & Haryana High Court Refuses To Cancel Anticipatory Bail
The Punjab and Haryana High Court has reiterated that criminal proceedings are not for realization of disputed dues. Thus, it dismissed a petition filed under Section 439(2) of CrPC seeking cancellation of anticipatory bail granted to the accused in connection with a partnership dispute and alleged recovery of money. It is trite law that bail cannot be denied on account of recovery...
Orissa HC Directs Chief Forests Conservator To Submit 'Comprehensive Action Plan' To Control Unnatural Elephant Deaths
The Orissa High Court has directed the Principal, Chief Conservator of Forests ('PCCF') to submit 'comprehensive action plan' to control and minimise the rising unnatural deaths of wild animals in general and elephants in particular, across the State. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash noted, "Apart from the issue of poaching and...
Publishing Exam Answer Scripts Would Intrude Into Candidates' Privacy: MP High Court Rejects PIL Seeking "Transparency" In Civil Judge Selection Process
The Madhya Pradesh High Court recently dismissed a petition filed in the form of a Public Interest Litigation seeking directions to make available answer scripts of all the candidates who appeared for the Mains written examination of the lower judiciary exam in the State. Rejecting the contentions raised by the Petitioner, the division bench comprising of Justice Sheel Nagu...
Fraudulent Power Of Attorney | Onus Of Due Diligence Before Entering Into Sale Transaction Is On Property Purchaser: Gujarat High Court
The Gujarat High Court has reiterated that the onus of performing due diligence with respect to a property before entering into any transaction is on the intending purchaser.The observation was made while deciding the anticipatory bail application moved by one such property purchaser, who was booked for Cheating under IPC, for purchasing the subject property on the basis of a fraud power...
Passport Officer Can't Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Karnataka High Court
The Karnataka High Court has said that once exclusive custody of a child is granted by the Family Court to a mother, the Regional Passport Officer is not justified in insisting upon the presence of the father of the ward or for his consent for issuing a passport to the child. A single judge bench of Justice Krishna S Dixit allowed the petition filed by a woman seeking direction to...
High Court Issues Notice To Delhi Govt Over Scheme For Reimbursement Of Tuition Fees To School Students From Minority Communities
The Delhi High Court has issued notice on a public interest litigation challenging a scheme notified by the Delhi Government for awarding reimbursement of tuition fees and other compulsory fees to students belonging to minority communities, studying between classes I to XII in city's recognized public schools.A division bench comprising of Chief Justice Satish Chandra Sharma and...
Consumer Court Directs Tirumala Tirupati Devasthanam To Allot Seva Ticket Or Pay Rs 45 Lakhs To Devotee Who Had Been Waiting Since 2006
On a man's plea against the Tirumala Tirupati Devsthanam (TTD), the District Consumer Disputes Redressal Commission, Salem had directed the TTD to allot a ticket for Melchat Vastram Seva within a year after the public is allowed to witness the dharshan/sevas or in alternative to pay a sum of Rs 45,00,000 towards compensation for deficiency of service and mental agony. The complainant...
Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie
The Kerala High Court recently held that as per the provisions of the Motor Vehicles Act and the Central Motor Vehicle Rules, the liability for alteration of vehicles is on the owner or manufacturer of the vehicle and not on the shopkeeper.Justice Amit Rawal, while holding so, observed that in the instant case, the notices issued by the Road Transport Office, Alappuzha, to...
Madras High Court Restrains ED From Proceeding Against TN Minister Senthil Balaji
The Madras High Court recently allowed a petition moved by Minister Senthil Balaji and two others and quashed the summons issued by the Enforcement Directorate. Justice T Raja and Justice K Kumaresh Babu made the orders after observing that the proceedings emerging from the FIRs was quashed in one case and stayed in two others. The court observed that when a stay had been granted, it...
Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. Accordingly, their application under Section 439 CrPC would be maintainable and that the same should not be rejected on the technicality that they were never arrested...
Order 16 Rule 1 CPC | 15 Days Period For Providing List Of Witnesses To Court Is Directory In Nature: Punjab & Haryana High Court
The Punjab and Haryana High Court recently held that a period of 15 days that has been prescribed under Order 16 Rule 1 of CPC for the purpose of providing list of witnesses to the Court is directory in nature in view of Rule 16(3) which permits any party to summon any witness other than the witnesses named in the list.Though, a period of 15 days has been prescribed under Order 16 Rule 1 of...
