Externment Orders Curtail Life & Liberty, Must Be Passed With Due Care & Caution: Rajasthan High Court

The Rajasthan High Court observed that since externment order curtails the life and liberty of a person, the same is required to be passed with due care and caution.Essentially, the present writ petition was filed against the order passed by the Additional District Magistrate (city), Bikaner and the appellate order passed by the Divisional Commissioner, Bikaner, whereby the petitioner...

No Country's Judiciary Has Judges' Workload Like India : Law Minister Kiren Rijiju

The Hon'ble Union Minister for Law & Justice, Mr. Kiren Rijiju was invited as the 'Guest of Honour' at the 75th Independence Day celebrations organised by the SCBA in the Supreme Court Complex. While stating that no country could face the unique set of problems which India faced, he said that while it was easy to pass sweeping comments on the working of the State, it was not easy to hold...

Gender No Criteria To Deny Compassionate Employment: Jharkhand High Court Grants Relief To Married Daughter Of Deceased Employee

The Jharkhand High Court recently granted relief to the married daughter of a deceased employee who was denied compassionate employment by the Jharkhand Urja Vikash Nigam Limited. Justice S. N. Pathak observed that the case is an example where the applicant for compassionate appointment was "discriminated" on the ground of gender. The Petitioner submitted that the impugned...

'Burden Of Proof' Never Shifts Whereas 'Onus Of Proof' Shifts Continuously In Evaluation Of Evidence: Tripura High Court

The Tripura High Court recently explained the difference between 'burden of proof' and 'onus of proof'. Justice T. Amarnath Goud observed that burden of proof lies upon a persons who has to prove a particular fact and it never shifts.The bench added that 'Onus of proof' shifts and such a shifting of onus is a continuous process in the evaluation of evidence. The observation comes in a...

Bombay High Court Weekly Round-Up: 8 August To 14 August, 2022

Nominal Index Sukoon Construction Pvt. Ltd v. The Collector of Stamp & Anr. 2022 LiveLaw (Bom) 280 Smarte Solutions Pvt. Ltd. v. Union of India and Ors. 2022 LiveLaw (Bom) 281 Vasant v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 282 Kirit Somaiya v. State of Maharashtra 2022 LiveLaw (Bom) 283 Novafor Samuel Inoamaobi Versus The State of Maharashtra 2022 LiveLaw...

POCSO Act Does Not Impose Any Special Prohibition On Grant Of Bail: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that the POCSO Act, which punishes sexual interactions with minors, does not impose any special prohibition for grant of bail.Justice Satyen Vaidya remarked: "POCSO Act does not impose any special prohibition for grant of bail in offence(s) committed under the Act. Rather, Section 31 thereof makes provisions of Code of...

Tax Cases Weekly Round-Up: 7 August To 13 August, 2022

Delhi High Court Definition Of Relative Under Senior Citizens Act Can't Be Treated At Par With Income Tax Act, 1961: Delhi High Court Case Title: Miss Indira Uppal Versus UOI Citation: 2022 LiveLaw (Del) 764 The Delhi High Court has held that the petitioner's real intent was to ensure that gift tax is not levied on donee. The petition does not promote the maintenance and...

"Can't Refuse Indians To Celebrate Independence Day": Madras HC Allows Conduct Of 'Rekla' Race As Part Of Independence Day Celebrations

The Madras High Court recently granted permission for conducting Rekla race in connection with the 75th Independence Day Celebration and Aadi Temple Festival in the Bhavani Town of the state's Erode District.The bench of Justice T. Raja and Justice K. Kumaresh Babu said that since the Rekla race was to be conducted by residents of Erode District as part of the 75th Year Independence...

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. The observation came from Justice Sanjay Dhar: "It is a settled law that while considering the case for charge or discharge of an accused, the court is not required to enter...

Orissa High Court Weekly Round Up: 8 August To 14 August, 2022

Nominal Index: Abhisek Acharya & Ors. v. State of Odisha, 2022 LiveLaw (Ori) 120 Smrutikant Rath & Ors. v. State of Odisha & Anr., 2022 LiveLaw (Ori) 121 Faridabad Gurgaon Minerals v. Orissa Mining Corporation Ltd., 2022 LiveLaw (Ori) 122 Cases Reported This Week: Orissa High Court Denies To Discharge Persons Accused Of Making Violent Ruckus At Residence Of...

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court

The Jharkhand High Court has reiterated that both civil case and criminal proceeding can be initiated simultaneously with a rider that some sense of "criminality" is involved in the allegations.The observation was made while hearing a quashing plea for alleged offence of Cheating while a suit for recovery of money on the same set of facts was pending.While allowing the petition, Justice...

Madras High Court Weekly Round-Up: August 8 To August 14, 2022

A weekly round-up of important cases from Madras High Court. Citations: 2022 LiveLaw (Mad) 339 To 2022 LiveLaw (Mad) 349 NOMINAL INDEX Karthika Agencies Export House v. The Commissioner of Police and others, 2022 LiveLaw (Mad) 339 C Jagadeesan v. Additional Director General of Police and another, 2022 LiveLaw (Mad) 340 Kannan v. State rep. by the Deputy Superintendent...