Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC
Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old
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[Comprehensive Policy or Act Policy] | “No premium was paid to cover a gratuitous passenger”; Sikkim HC upholds compensation granted by MACT as per an Act Policy
The Court referred to National Insurance Co. Ltd v. Balakrishnan, wherein the Supreme Court had distinguished between a Comprehensive/Package Policy and Act Policy by stating that an Act Policy cannot cover a third-party risk of an occupant in a car, but a Comprehensive/Package Policy would cover such risk.
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‘Dishonour of invalid cheque cannot attract liability u/s 138 of NI Act’; Allahabad HC holds Allahabad Bank cheques to be invalid post 30-09-2021
“From the perusal of Section 138 N.I. Act, it is clear that if any invalid cheque is presented before the Bank and the same was dishonoured, then no liability under Section 138 of NI Act would be attracted, and the cheque of Allahabad Bank is invalid after 30-09-2021 after merging the Allahabad Bank into the Indian Bank on 01-04-2020.”
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Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory
“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”
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Explained| Andhra Pradesh HC allows transfer of divorce petition on account of wife’s inconvenience in a matrimonial proceeding
“In matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer the petition.”
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[Domino’s v. Donito’s] Delhi HC grants interim injunction to Dominos IP Holder for its mark Domino’s in relation to pizzas and burgers
The Court was satisfied that plaintiff 1 — Domino’s IP Holder LLC had made out a prima facie case for grant of an ex-parte ad interim injunction, as they were likely to suffer irreparable harm in case the injunction was not granted.
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Rule of exclusion of writ jurisdiction due to availability of alternative remedy is discretionary and not compulsory; Bombay HC reiterates
Remanding the consumer dispute back to the District Consumer Commission, the Court relied on MP State Agro Industries Development Corp. Ltd v. Jahan Khan, wherein it was observed that a Court may not entertain a writ petition due to availability of an alternative remedy, but the said rule cannot be said to be of universal application.
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Delhi High Court quashes reassessment notice for AY 2013-14 due to exceeding statutory time limit under Income Tax Act
The Court quashed the notice of reassessment issued on 31-3-2023 as it surpassed the ten-year block as prescribed u/S first provision to Section of 148(1) of the Income Tax Act, 1961.
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[PMLA] ‘Cannot assume role of an expert’; Delhi HC directs Director, AIIMS to constitute medical board to evaluate Amit Katyal’s medical condition
“In the absence of an opinion of the experts it is difficult for this Court to conclude as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner based on medical records placed on the Court file.”
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Know your ‘Neta’ | Narendra Modi 3.0: List of Cabinet Ministers
List of Cabinet Ministers 2024, along with their portfolios
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Madras High Court restrains Central Govt. from taking final decision on banning the “ferocious” dog breeds
Madras High Court viewed that the Union must confirm that the process has been commenced with a clean slate to receive suggestions and objections regarding the proposal to ban the import of ferocious dogs.
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‘Inconsequential discrepancies in evidence do not dispel credibility of prosecution case’: Sikkim HC upholds conviction order of POCSO convict
Sikkim High Court opined that the prosecution’s case was established beyond all reasonable doubt following which they found no reason to differ from the findings of the Trial Court
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[S. 34, Arbitration and Conciliation Act, 1996] Any attempt to modify an award would amount to crossing the ‘Lakshman Rekha’; Sikkim HC reiterates
The Court noted that the appellant had accepted the award of all other claims except the one disputed, therefore they could not seek the setting aside of only the disputed claims as it would amount to seeking modification of the Award.
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[BPSC Recruitment] State’s policy granting grace marks to contractual teacher and not to guest teacher is violative of Art. 14: Patna High Court
The Court opined that both the contract teachers and the guest teachers are discharging same duties as they are teaching students in schools and thus, there is no difference between the contract teachers and the guest teachers.
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HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on Liquor Policy Scam; False article on Anant Ambani Interview; Reservation for Disabled Persons; Organ donation; and more
A quick legal roundup to cover important stories from all High Courts this week.
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[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC
Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract
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Can pleadings be amended on the ground of typographical errors or change of counsel? Allahabad HC answers
“In the light of law laid down by the Courts, change of counsel cannot be a ground to file amendment application bypassing the rigorous conditions of due diligence. In fact, to meet out any mistake, no advantage can be given to litigant due to change of counsel.”
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Orrisa High Court overturns conviction in 12-year-old religious riot & mob attack murder case
“The evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who have been tried on the basis of evidence recorded in separate trial, though for the commission of same offences charged has been framed in both the trial.”
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[Chinese visa scam]: Delhi Court grants bail to Congress’s Karti Chidambaram in 2011 Money Laundering case
Congress Leader Karti Chidambaram got Bail in 2011 Money Laundering case wherein he was accused of taking a bribe of Rs.50 Lakh to facilitate the approval of visa reuse for Chinese personnel.
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Delhi High Court denies bail to Amandeep Singh Dhall in Liquor Excise Policy Scam case
The Delhi High Court said that the allegations against Amandeep Singh Dhall were serious in nature and their impact on society at large must be considered as a factor for adjudicating bail.
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