P&H HC seeks explanation from Trial Judge regarding delay of seven weeks in conducting cross-examination of key witness
The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.
Continue readingCase Briefs
Maths Lecturer to get promoted under 2014 Placement Rules as Orissa High Court quashes rejection order
“The laudable object of the policy in question is to boost the morale of teaching staff and to attract meritorious candidates to the noble profession of teaching, since it is the teachers, who play a pivotal role in building nations & civilizations.”
Continue reading
Injunction under S. 9 of Arbitration and Conciliation Act cannot be granted to restrain board meeting for removal of Director: Delhi High Court
The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.
Continue reading
Applicability of Limitation Act, 1963 is subject to provisions of the West Bengal Premises Tenancy Act: Supreme Court
“The compliance as required to be done by the tenant in Section 7(1)(a)(b)(c) and first part of Section 7(2) of the WBPT Act regarding deposit of rent and filing an application within the same time is mandatory”.
Continue reading
Mangrove clearance; launch of dedicated mangrove website: Read key updates by Bombay High Court on construction of Mumbai Metro line 5
The petitioner sought Court’s permission for the construction of a depot at Kasheli for Mumbai Metro Line 5 along with Extra High Voltage towers and transmission lines for power supply which involved cutting mangroves and mangrove buffer zones.
Continue reading
‘POCSO Act is gender neutral’; Karnataka High Court refuses to quash sexual assault case against Woman
The submission that in a sexual intercourse the male is ever an active agent, and the woman forever is a passive recipient is archaic notion which finds no foothold in the present day.
Continue reading
‘Person’s right to privacy cannot override right of child to know parentage’: P&H HC dismisses plea challenging order for DNA test
“The evidence is to be led by both the sides, but the question arises, when the paternity can be affixed by surer test, then why decision based on legal presumption or gathering of inference, on the basis of the evidence or any gap, on account of misjudgment, be left.”
Continue reading
SC pushes for POSH Act Compliance; directs District-wise survey on constitution of Internal Complaints Committee
“It is the duty of an employer to ensure that in a workplace an Internal Complaints Committee is constituted in terms of Section 4 of the POSH Act. It is hence the responsibility of the Labour Department to ensure that the Internal Complaints Committee is constituted by every employer of a workplace”.
Continue reading
‘University authorities cannot play with life of students’; Jharkhand HC orders BIT MESRA to pay Rs 20 Lakhs in dalit student death case
The College Administration has taken a very casual approach and has not paid any heed to the physical conditions and injuries sustained by the deceased-student. Had they treated him at the earliest by admitting him to a good, reputable hospital either in RIMS, Ranchi or at any private Hospital in Ranchi, his life could have been saved.
Continue reading
“Causing great hardship to public at large”: Chhattisgarh HC seeks Transport Commissioner’s appearance for city buses ceasing operation in few days of restarting
“This is the situation when 20 days ago, the Secretary-cum-Transport Commissioner had given an affidavit saying that the insurance, fitness, and tax of 6 out of 9 city buses had been deposited, five were currently running on the roads, and one more will start soon.”
Continue reading
Bombay High Court quashes 3% reservation in Goa medical colleges for children of Govt or private sector employees
“Providing a specific reservation in form of 3% seats is totally unacceptable as it is not provided by the law, as contemplated under Article 15(5) and introducing the reservation for this category which creates sub-classification, which has no nexus with the object of offering medical education but on merit is violative of Article 14 of the Constitution.”
Continue reading
Read why Supreme Court set aside Delhi HC’s order granting bail to Wrestler Sushil Kumar in Sagar Dhankhar murder case
“The grant of bail constitutes a discretionary judicial remedy that necessitates a delicate and context-sensitive balancing of competing legal and societal interests.”
Continue reading
‘Supreme Court’s decision in 2018 not given effect till now’; Allahabad HC seeks ECI’s affidavit on not publishing verification reports of candidates’ asset disclosure forms
“Prima facie, the ECI appears to be the statutory body which should put the verification report as received from the CBDT in the public domain, especially as the correspondence has taken place between the two authorities in this regard.”
Continue reading
Delhi HC grants interim relief to Hero Motocorp in ‘DESTINY’ scooters Trade mark infringement suit
A prima facie case has been made out by Hero Motocorp for grant of an ex-parte ad-interim injunction. The balance of convenience is also in favour of Hero Motocorp and against the defendants.
Continue reading
Promoter Liability and Deemed Sanction under RERA | SC upholds Allahabad HC Ruling declaring L&T as sole promoter
“Insofar as the interpretation of Section 2(zk) and Section 5(2) of the Real Estate (Regulation and Development) Act, 2016. made by the High Court in the impugned Judgment is concerned; it is a matter on which we do not express any opinion, and it is left open in an appropriate case to be considered afresh.”
Continue reading
S. 304-A IPC attracted only when death is direct or proximate result of doctor’s rash or negligent act: Kerala HC
“While negligence was an omission to do something which a reasonable man would do, or the doing of something which a prudent and reasonable man would not do, medical negligence occurred when a healthcare professional breached his duty of care, causing harm to a patient.”
Continue reading
Petition can’t be transferred from one State High Court to another merely because it involves a political figure: Supreme Court
The Court clarified that Supreme Court has no administrative control over the administration of the High Court or the Judges of the High Court. The Court firmly stated that High Court Judges are also Constitutional functionaries, and they enjoy the same immunity as is enjoyed by a Judge of the Supreme Court.
Continue reading
‘Blatant denial of right to fair hearing’; Delhi HC orders fresh trial for a petty case under Defacement of Property Act 2007
In regard to the maintainability of the appeal, the Court observed that Section 376 CrPC provides that no appeal lies in petty cases, that is, where the sentence passed is for imprisonment for a term not exceeding 3 months or a fine not exceeding Rs 200 or both, then no appeal is maintainable.
Continue reading
Empty Arrest Form, non- compliance of Section 50 of CrPC by the police; Bombay High Court upholds the arrest as illegal
The police under oath stated that the petitioner was informed the reasons of arrest by giving it in writing on a sheet of paper, but the fact that no such sheet of paper was ever served to the petitioner, and a completely false statement was made by the authorities, shocked the conscience of the Court.
Continue reading
Inside Karnataka High Court’s order holding Nirmithi Kendra a Public Authority under RTI Act
“A perusal of Section 2(h) of the RTI Act, would indicate that it is not only funding, but also control, which would have to be considered to determine whether it is a public authority or not.”
Continue reading