News Updates
Urgent Need To Prevent Depleting Green Cover: Delhi High Court Orders Parties To Deposit 25K Cost Towards Green Highways Fund
The Delhi High Court has quashed a cheating FIR of 2017 following a settlement between the parties and imposed a cost of Rs. 25,000 on the accused persons as well as the complainant to be utilized for plantation of trees along the national highways. Justice Swarana Kanta Sharma directed that the cost be deposited in the Green Highways Fund which is formed pursuant to a project for...
Notice Under Section 21 Of A&C Act Issued; Court Not Barred From Exercising Jurisdiction Under Section 9: Bombay High Court
The Bombay High Court has ruled that merely because a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act) to refer the disputes to arbitration is issued by a party, the Court is not barred from exercising jurisdiction under Section 9 of the A&C Act for interim measures. The Court added that it is not constrained to refer the parties to arbitration...
Arbitral Award With Contradictory Findings Is Liable To Be Set Aside: Calcutta High Court
The High Court of Calcutta has held that an arbitral award wherein the arbitrator has given contradictory findings is liable to be set aside. The Bench of Justice Krishna Rao reiterated that an arbitral award wherein no reasons are given for arriving at a particular finding is also liable to be set aside. Facts The parties entered into an agreement dated 09.01.1997 whereby...
MOU Between Private Parties Cannot Be Specifically Enforced; Party Not Entitled To Interim Relief Under Section 9 Of A&C Act: Delhi High Court
The Delhi High Court has ruled that a MOU which is in the nature of a commercial transaction between two private parties is by its very nature determinable and hence, the said MOU can be terminated even in the absence of any termination clause contained in it. The Single Bench of Justice Mini Pushkarna held that since the MOU was not capable of specific performance due to the statutory...
NCDRC Awards Rs 1 Crore Compensation To Parents For Death Of Child During Squint Eye Correction Surgery Due To Gross Medical Negligence
The National Consumer Disputes Redressal Commission, New Delhi, on Friday, awarded an exemplary compensation of Rs. 1 Crore to the parents of a a 6 year old child, who met with his untimely death due to gross medical negligence and deficiency in service Sankara Nethralaya, Chennai, during a squint eye correction surgery. The Commission, presided over by the President of the Commission,...
"Not Seen Instigating The Crowd": Delhi High Court Grants Bail To Another Accused In Jahangirpuri Riots Case
The Delhi High Court today granted bail to one Babuddin, an accused in relation to the clashes that broke out in April in city's Jahangirpuri area during a Hanuman Jayanti procession.Noting that Babuddin was in custody since April 27, a single judge bench comprising of Justice Yogesh Khanna granted bail after observing that he was no more required for further investigation. The Court also...
'Things Will Settle Down; CJI Taken Decision With Good Intention': Justice Nazeer On Successive Adjournment Of Regular Matters On First Day Of New Order Of Hearing
On the first day of the coming into effect of the new mechanism put into place by Chief Justice U. U. Lalit where regular hearing matters are to be taken in the morning itself and the miscellaneous matters in the post-lunch session, and in the face of the matters getting successively adjourned at the request of lawyers, Senior Advocate Dushyant Dave suggested that the registrar devise some way...
Kerala Govt Has No Obligation To Pay KSRTC Salaries: State's Appeal In High Court
The Kerala Government has approached the High Court challenging the order directing it to release requisite funds to KSRTC to clear salary dues of its employees for the months of July and August, along with the bonus eligible to those below the managerial cadre on or before the 1st September.In the Writ Appeal moved through Special Government Pleader Advocate P. Santhosh Kumar, the...
"No Allegation Regarding Misconduct Of A Sexual Nature" : Allahabad High Court Sets Aside Suspension Of A Junior Resident Doctor
The Allahabad High Court recently set aside a suspension order passed against a junior resident doctor who was restrained from taking up any medical work on the allegation that he had sexually abused the daughter of a patientThe Court noted that there was no allegation against the petitioner (a junior resident doctor) with regard to any misconduct of a sexual nature so as to warrant...
Whether Subordinate Judges' Courts Have Jurisdiction To Grant Leave, Try & Dispose Of Suit Filed U/S 92 CPC? Kerala HC Refers Issue To Larger Bench
Recently, the Kerala High Court expressed its doubt as to the validity of an earlier Single Judge decision in Sree Gurudeva Charitable and Educational Trust, Kayamkulam & Others v. K. Gopalakrishnan & Others, which had held that it was only the Principal District Judge which had the jurisdiction to grant leave for institution of a suit under Section 92 of the Code of Civil...
If A Stepfather Fulfills Responsibilities As Biological Father The Stepson Can't Deny His Obligation To Maintain Him: Calcutta High Court
The Calcutta High Court has observed that when a stepfather fulfills the same responsibilities as the biological father, a stepson cannot deny his obligation to maintain him. Similarly, the Court held that a biological mother, who has contracted the second marriage, has always a right to claim maintenance from her son.The bench of Justice Kausik Chanda held thus as it stressed that the...
Prosecution Must Establish Case Beyond Reasonable Doubt Even If Accused Pleads Guilty In Statement U/S 313 CrPC: Allahabad High Court
The Allahabad High Court has observed that even if an accused pleads guilty in his statement recorded under Section 313 CrPC, even then the prosecution has to establish its case beyond so as to obtain an order of the court regarding the guilt of the accused."...mere stating of being guilty (by the accused) in the statement under Section 313 Cr.P.C. will end the issue and would lead the route...