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![[Motor Vehicles Act] Carriage Permit Applicant Cannot Cure Statutory Defects After Consideration Of Application: Chhattisgarh High Court](https://www.livelaw.in/h-upload/2024/01/18/500x300_516990-chhattisgarh-high-court.webp "[Motor Vehicles Act] Carriage Permit Applicant Cannot Cure Statutory Defects After Consideration Of Application: Chhattisgarh High Court")
[Motor Vehicles Act] Carriage Permit Applicant Cannot Cure Statutory Defects After Consideration Of Application: Chhattisgarh High Court
The Chhattisgarh High Court has held that once a statutory authority finds that a carriage permit application under the Motor Vehicles act is incomplete and suffers from defects going to its maintainability, the applicant cannot be allowed an opportunity to cure the defect by remitting the matter back. The Court observed that permitting the applicant to subsequently cure deficiencies...
Mere Concealment Or Confinement Insufficient For Conviction Without Proof Of Knowledge Of Kidnapping: Delhi High Court
The Delhi High Court has held that a person cannot be convicted under Section 368 of the Indian Penal Code for wrongfully concealing or confining a kidnapped or abducted person unless the prosecution proves that the accused knew that the person had been kidnapped or abducted. [2026 LiveLaw (Del) 884]While setting aside conviction of two men, Justice Vimal Kumar Yadav held that the...
Digital Footprint, Global Fault Lines: Data Extraction From Global South
A search query typed into a phone in Nairobi, a mobile money transaction from Singapore, a photography uploaded from Jodhpur India; each of this act generate data that outlive the moment of its creation. Collectively these traces are Described as “digital Footprint” a cumulative record of behaviour, preference and identity that persists long after the user has moved on. What Is less often examined is where that footprint goes, who processes it, and who profit from it? The answer, increasingly,...
Courts Cannot Reassess Interview Marks Or Comparative Merit Absent Proven Mala Fides Or Bias: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that judicial reassessment of comparative merit, including marks awarded in an interview by a duly constituted Selection Committee, is impermissible in the absence of mala fides, bias or violation of statutory rules or the applicable policy. The Court observed that merely because an unsuccessful candidate was awarded fewer interview...
Municipal Officer Cannot Take One-Sided Demolition Action Pending Statutory Appeal: Tripura High Court
The Tripura High Court has observed that municipal authorities should not entertain complaints or initiate further coercive action concerning an alleged unauthorized construction when a statutory appeal against the demolition order is already pending before the competent appellate authority. The Court remarked that such an approach could unnecessarily draw citizens into...
Allahabad High Court Initiates Contempt Against UP's Principal Food Secretary For Disobeying Judicial Orders
The Allahabad High Court has ordered registration of contempt of court proceedings against Principal Secretary, Department of Food and Civil Supply, Government of U.P. , Ranvir Prasad, for not complying with the orders of a coordinate division bench regarding commencement of arbitration within the stipulated time and also for stating that the arbitration was not maintainable in view...
"Family Feud" Need Not Span Generations, Dispute Between Members Of Same Generation Also Qualifies: Bombay High Court
The Bombay High Court has held that a “family feud” need not be a dispute continuing across generations and that a prior dispute between family members of the same generation can amount to a family feud. The Court observed that where the facts of a case attract different categories under the same Guidelines, the category more beneficial to the convict must be applied. A division bench...
Rules Allowing Claims Tribunal To Withhold Compensation Based On Claimant's Literacy, Financial Condition Violate Article 14: Allahabad High Court
The Allahabad High Court has held that Rules 5.1 and 5.4.1(i) and (ii) of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, which allow the Railway Claims Tribunal to release only a part of the awarded compensation and park the rest in fixed deposit depending on the claimant's literacy and financial condition, discriminate between claimants and violate Article 14...
Absence From Duty, Proxy Teaching At Most Service Misconduct; Not Cheating: MP High Court
The Madhya Pradesh High Court has quashed a cheating FIR lodged against a government teacher for substituting another person to perform his teaching duties, observing that the said allegations at most constitute service misconduct. [2026 LiveLaw (MP) 377]Observing that the FIR did not disclose any essential ingredients of cheating, the bench of Justice Himanshu Joshi held,"Even otherwise, a...
Decoding Section 356 BNSS: Constitutional Perils Of 'Deemed Waiver' And Trial In Absentia
The axiom audi alteram partem (hear the other side) is not a mere procedural courtesy; it is the constitutional conscience of criminal law. For centuries, the physical presence of an accused in court was treated as an indispensable jurisdictional prerequisite. In Indian criminal procedure, this mandate was codified under Section 273 of the Code of Criminal Procedure, 1973 (CrPC). While Section 299 of the CrPC permitted the recording and preservation of prosecution depositions against absconding...
Section 233 BNSS Applies Only When Cases Concern Same Offence, Not Merely Same Transaction: Kerala High Court
The Kerala High Court has held that the statutory requirement under Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requiring a complaint case to be stayed when a police investigation is pending, applies only when both proceedings concern the same offence. [2026 LiveLaw (Ker) 516]Justice C.S Dias made the observation while dismissing a petition filed by Roji Augustine, in...
