HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Sidhu Moose Wala; Radhasoami Satsang Sabha; World Trade Centre and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala High Court
Even a voluntarily signed blank cheque leaf would attract presumption under section 139 of NI Act: Kerala High Court
Kerala High Court stated that the petitioner failed to adduce any cogent evidence to prove that the cheque in question was not aimed at discharging any legally enforceable debt.
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity leave to surrogate mother; 1999 rape & murder case; TN Online Gaming Act; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on consensual relationship; Contempt of Court for HC Judge’s death penalty; Royal Stag; Dream 11 and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras HC directs Customs Department to release apples imported from New Zealand on furnishing bank guarantee towards differential duty
Madras High Court clarified that this interim arrangement would be made only to safeguard the interest of both parties; and the bank guarantee to be furnished by the respondent is kept alive, till the decision is arrived at regarding validity of the notification dated 08-05-2023.
HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on Humans of Bombay; Obscenity; Bigg Boss Series Broadcasting; Sarpanch elections and more
A quick legal roundup to cover important stories from all High Courts this week.
“We could read the mind of a desperate wife, who was deserted by her husband”: Kerala High Court denies cruelty by wife against husband
Kerala High Court regarded the wife’s email to her husband’s employer as “outcry of a desperate wife, to live with her husband, after bringing him back to normalcy”.
Marriage cannot be revived, retaining such a marriage itself a cruelty: Kerala High Court grants divorce
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
DNA tests cannot be resorted to for clearing suspicion regarding paternity: Kerala High Court
“In fact, DNA test is intended to rebut the `conclusive proof’ provided under Section 112 of the Evidence Act.”
Watching Pornographic content in private not an offence under Section 292 of IPC: Kerala High Court
Kerala High Court cautiously expressed that “Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all mobile phones, there will be far reaching consequences.”
No bar on seeking restoration of appeal if assessee is unsuccessful in availing benefit under Amnesty Scheme: Supreme Court
Supreme Court said that, since the appeal is a statutory remedy, the appellant had availed it and withdrawn the same, only as a pre-condition for availing the benefit under the Amnesty Scheme.
WhatsApp message shows victim receiving Rs 5000 after alleged rape; Kerala High Court grants pre-arrest bail
The prosecution alleged that one accused brought the victim to a hotel, stupefied her by providing liquor and the two engaged in sexual intercourse with her.
Husband’s Live-in Partner not being a ‘relative’ cannot be prosecuted for cruelty under IPC Section 498A: Kerala High Court
“By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a ‘relative’.”
Kerala High Court upholds non-issuance of Legal Heirship Certificate in the absence of adoption documents
Kerala High Court was not satisfied with the petitioner’s claims of being an adopted daughter of the deceased.
Uninformed HC directed return of seized rosewood logs and lorry already sold by State; Supreme Court remits matter back to HC
The Supreme Court regarded the same to be a lapse on part of the state for not apprising the High Court of the true and up-to-date facts at the time of final hearing and remitted the matter back to the High Court for being examined afresh.
Supreme Court Collegium recommends appointment of Justice C.S. Sudha, Additional Judge, as Permanent Judge of Kerala High Court
Collegium of Kerala High Court unanimously recommended Justice Sudha’s name which was duly approved by the Supreme Court Collegium.
“Issue an order to regulate sex-selective surgeries on infants and children within 3 months”; Kerala High Court to government
In the meantime, Kerala High Court restricted sex selective surgery to be permitted specifically on the opinion of a State Level Multidisciplinary Committee depicting the same to be essential for saving the child’s/infant’s life.
SC upholds Kerala High Court Order: Pathological Laboratories covered under ESI Act from 2007; not 2002
It was notified on 06-09-2007, that provisions of Employees’ State Insurance Act, 1948 would extend to Medical institutions, wherein 20 or more persons are or were employed.
Sexual harassment victims under POCSO Act covered under Kerala Victim Compensation Scheme, 2017: Kerala High Court
Kerala High Court scrutinized the definition of ‘sexual assault’ and expressed that the same has to be construed as sexual offence against a victim, including sexual harassment.
MV Act | Multiplier method for calculating compensation also applicable in serious injuries; Kerala High Court
“The very purpose of adopting the multiplier method in Sarla Verma (supra) is to do away with the considerable variation and inconsistency in assessing compensation and also to bring uniformity and consistency.”