Suit For Partition & Separate Possession Can't Be Rejected At Threshold On Ground Of Limitation: Karnataka High Court

The Karnataka High Court has said that a suit for a primary relief of partition and separate possession cannot be rejected at the threshold citing Section 27 of the Limitation Act 1963. A single judge bench of Justice R. Devdas dismissed the revision petition filed by defendants in a property suit, challenging trial court's order dismissing their application filed under Order VII...

[Custodial Deaths] Gujarat HC Denies Bail To Gram Rakshak Dal Jawan, Notes Genitals Of Deceased Were Injured With Mobile Charger Cable

In a case involving custodial deaths of two persons due to alleged police brutality, the Gujarat High Court has declined bail to a Gram Rakshak Dal Jawan (GRD Jawan) discharging duties at the Police Station.As per the investigation, the deceased were beaten with sticks, belts, fist and kicks, threatened with electric current, rags of inflammable liquid were placed the on their bodies, and...

Vlogger's Suicide | 'Custodial Interrogation Necessary To Elicit Truth': Kerala High Court Denies Pre-Arrest Bail To Husband

The Kerala High Court on Thursday denied anticipatory bail to the husband of a young vlogger Rifa Mehnaz, who was found dead in her house in Dubai earlier this year under mysterious circumstances. Justice Bechu Kurian Thomas dismissed the application for pre-arrest bail finding that the custodial interrogation of the petitioner was essential to elicit the truth surrounding his wife's...

Article 162 | Govt Has Discretion To Establish Community Health Centre At A Particular Place: Andhra Pradesh High Court

The Andhra Pradesh High Court recently cited State's expansive executive powers under Article 162 of the Constitution to hold that it has the discretion to situate community health centres.Justice M. Ganga Rao thus quashed a writ petition against the government decision of constructing a new Community Health Centre in Z.Ragampeta Village instead of Jaggampeta Village. The...

Karnataka High Court Quashes Cheating Case Against Actor Rajanikanth's Wife, Sustains Forgery Complaint

In partial relief to superstar Rajanikanth's wife Latha Rajanikanth, the Karnataka High Court has quashed charges of cheating, giving false statement and using evidence known to be false, levelled against her in a private complaint filed by a Chennai-based advertising company.A single judge bench of Justice M Nagaprasanna quashed the Magistrate's order to the extent of taking cognizance of...

Electricity Company Does Not Require Landowner's Consent For Laying Down Overhead Transmission Lines: Gujarat High Court

The Gujarat High Court has held that an electricity company does not require the consent of a private landowner to lay overhead high tension transmission lines and that at most, such landowner may claim compensation for any damage that may be sustained during the process.A single Bench of Justice Biren Vaishnav heavily relied on a division bench judgment in Gujarat State...

Kerala High Court Seeks NMC's Response On Plea For Practical Training, Internships For Indian Medical Students In Chinese Universities

The Kerala High Court has sought the response of the National Medical Commission in a plea filed on behalf of 92 medical students studying in different universities in China seeking practical training and internship facilities in India till the travel restrictions to China are lifted.Justice V.G Arun directed the NMC to file an affidavit communicating the Commission's stand on the...

TN Rent Control | Cross-Examination Not A Right, Discretion Must Ensure "Fairness" In Judicial Proceedings: Madras High Court

The Madras High Court recently held that cross examination of a party in Rent control proceedings in the state is not a "right" and the Court's discretion to allow or disallow the same must be based on a plane of fairness in judicial proceedings.Justice N Seshasayee also observed that though the court has been given discretion, the legislative thrust is on adherence to the principles of...

[Dowry Death] Dying Declaration Produced By Accused In-Laws Cannot Be Considered Without Authentication: Bombay High Court

The Aurangabad bench of Bombay High Court last week said that before accepting a dying declaration brought on record through the defence, the Courts must scrutinize it closely.Justice Bharat Deshpande set aside a sessions court judgment which acquitted the husband of deceased and his family members in a dowry death case on the basis of dying declaration of the deceased...

Delhi HC Directs Engineer Supervising Construction Work To Contribute Educational Expenses Of Child Injured In On-Site Accident, Allows Compromise

The Delhi High Court recently directed a site engineer, supervising an ongoing construction work, to contribute towards educational expenses of a child who was injured after a board present at the site fell on him.The direction will remain in effect till the child clears 10th standard. The minor child is presently in 3rd standard. The FIR was registered under sec. 283 and 338 of the Indian...

Rajasthan High Court Dismisses Plea Against Discrimination Based On Covid-19 Vaccination Status

The Rajasthan High Court has recently dismissed a public interest litigation challenging the state government's order restricting access to indoor sports, gyms, restaurants and other public places to people who have received at least one vaccination dose against Covid-19. A division bench of Justice Manindra Mohan Shrivastava and Justice Shubha Mehta dismissed the petition after...

S.18 Arms Act | No Appeal Lies Against Issuance Of Arms Licence: Rajasthan High Court

The Rajasthan High Court has held that there is no provision where appeal can be entertained under Section 18 of the Arms Act against anorder of issuance of arms licnece.Notably, section 18 of the Arms Act states that any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or...