Showing 1939 articles
Driving Her To Civil Court Is Not Proper: Madras High Court Appoints Wife As Guardian Of Comatose Husband, Allows Her Sell To Properties For Medical Expenses
Madras, May 23, 2024: In a landmark judgment, the High Court of Judicature at Madras has appointed S. Sasikala as the guardian of her husband, Thiru. M. Sivakumar, who is in a vegetative state, allowing her to manage his properties. This judgment, delivered by The Hon'ble Mr. Justice G.R. Swaminathan and The Hon'ble…
Motor Vehicle Act Is A Beneficial Legislation, Should Be Interpreted In Favour Of Affected Persons: Madras High Court
In a recent development, the High Court of Judicature at Madras delivered a significant judgment related to compensation under the Motor Vehicles Act, 1988. The case in question, titled CMA Nos.423 and 828 of 2021, involved a tragic accident that occurred on June 23, 2018, resulting in the loss of life of a young…
Court Cannot Be Silent Spectator When Accused Tries To Delay Trial Under Guise Of Fair Opportunity: Madras High Court
Coimbatore, April 12, 2024: In a significant ruling, the Honourable Dr. Justice G. Jayachandran of the High Court of Judicature at Madras dismissed a Criminal Original Petition filed under Section 482 of the Criminal Procedure Code. The petitioners, Imrankan, Nowsathkan, and E. Razeethabegam, sought to recall three…
Court Orders Removal of Illegal Religious Structures from Government Land Under Article 226 of the Constitution of India: Kerala High Court
In a landmark decision, the Kerala High Court has directed the removal of all illegal religious structures from government land, emphasizing the importance of maintaining communal harmony and the rule of law. This ruling comes under Article 226 of the Constitution of India, which empowers High Courts to issue certain…
Criminal Court Can Review Its Own Order At Notice Stage Under Domestic Violence Act: Jammu Kashmir High Court
In a recent judgment, the High Court of Jammu & Kashmir and Ladakh at Srinagar addressed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The case, bearing CM(M) No.160/2024, involved Mudasir Ahmad Dar as the petitioner and Mst. Mashooka and Another as the respondents. The…
FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: Court Grants Bail To In-Laws Accused Of Gang Rape
Srinagar, May 6, 2024 - In a notable judgment, the Jammu and Kashmir High Court has granted bail to the accused in a case involving allegations of gang rape and domestic violence. The case was registered under various sections of the Ranbir Penal Code (RPC), including Sections 376, 511, 498-A, and 323. The court…
No Bar In Law In Examining An Inimical, Interested Or Related Witness By A Party To Support His Case: Jharkhand High Court
Ranchi, 4th April 2024: In a significant legal development, the High Court of Jharkhand acquitted Nirakar Mahato in Criminal Appeal (DB) No.176 of 1993 (R) concerning the murder of Madho Singh Munda. The case, originating from Kharsawan P.S. Case No. 26 of 1991, has garnered attention due to its intricate details and…
Can design registered in India be cancelled on ground that it was registered abroad? Calcutta High Court
In a recent judgment by Justice Ravi Krishan Kapur of the High Court at Calcutta, a significant legal precedent has been set regarding cancellation of registered designs under the Designs Act, 2000. The case, titled "Paresh Ajitkumar Kapoor vs. Controller of Patents and Designs and Ors.", delves into the complexities…
Time-Barred Suit Must Be Dismissed Even If Plea Of Limitation Isn't Raised As Defence: Supreme Court
New Delhi, May 16, 2024: In a significant ruling, the Supreme Court of India has upheld the dissolution and ordered the accounting of two partnership firms in a detailed judgment that brings clarity to the application of the Indian Partnership Act, 1932. The case, which has spanned multiple appeals over several years,…
Insurance Companies Wilfully Neglect Reimbursing The Insured, Who Then Have To Pay The Courts To Get Their Rights Enforced: Madras High Court
The Madras High Court, in a recent judgment dated 29.04.2024, addressed W.P.No.26233 of 2022, where N. Lakshmi, the petitioner, contested the repudiation of her insurance claim by the ICICI Lombard General Insurance Company Ltd. The claim was based on the sudden demise of her husband, who had obtained loans from DCB…