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Judge Cannot Sit Like a 'Sphinx' During Trial; Duty-Bound to Engage With the Bar and Question Witnesses to Clear Doubts: Madras High Court
The Madras High Court, while deciding a money recovery dispute, emphasized the scope of Section 165 of the Indian Evidence Act and held that a judge has wide powers to ask any question during trial to discover the truth and remove doubts. Loan Dispute And Trial Court Decision The dispute arose when P. Palanikumar…
Cheque Bounce Case Under Section 138 of the Negotiable Instruments Act: ConvictionUpheld, Jail Term Removed and Fine Enhanced: Allahabad High Court
The High Court of Judicature at Allahabad delivered an important judgment on 23 November 2017 in a cheque bounce dispute involving Raj Kumar Goel and Smt. Chandra Prabha. The matter arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, after a cheque issued by Raj Kumar Goel was…
30-Day Notice Period Under Special Marriage Act Cannot Be Relaxed; Personal Hardship Cannot Dilute Statutory Procedure: Delhi High Court
The Delhi High Court has refused to relax the mandatory 30-day notice period prescribed under the Special Marriage Act, 1954, holding that personal hardship or individual inconvenience cannot be a reason to bypass statutory requirements laid down by Parliament. Petitioners Seek Early Marriage Registration The petition…
Advocate Entitled to Adjust Unpaid Professional Fees From Compensation Recovered for Client If Agreed Between Parties: Delhi High Court
The Delhi High Court has ruled that when a client and an advocate mutually agree that professional fees will be adjusted from compensation recovered in litigation, the advocate is entitled to such adjustment if the client fails to prove that the agreed fees were already paid. The Court delivered this ruling while…
Client Failed to Prove Payment of Agreed Legal Fees; Advocate’s ₹36,000 Counterclaim Upheld: Delhi High Court
The Delhi High Court dealt with a long-standing dispute between Prem Singh and advocate C.S. Rathore concerning professional fees arising out of writ and contempt proceedings connected with employment termination litigation. The case revolved around whether an agreed legal fee of ₹36,000 had been paid or remained…
Electricity Company Absolutely Liable in Electrocution Death Case, Cannot Escape Liability by Blaming Deceased's Negligence: Gujarat High Court
The Gujarat High Court has delivered an important judgment regarding compensation in electrocution death cases and clarified the responsibility of electricity transmission companies. The Court held that when electricity transmitted through power lines causes injury or death to a person who unknowingly comes into…
Ex Parte Decree Cannot Be Set Aside Merely Due to Irregularity in Service If Defendant Had Notice and Opportunity to Appear: Jharkhand High Court
The Jharkhand High Court has ruled that an ex parte decree cannot be set aside under Order IX Rule 13 CPC merely because a party alleges irregularity in service of summons. The Court held that when defendants have knowledge of the proceedings and sufficient opportunity to appear before the court, the decree cannot be…
State Asked to Respond on Action Against Illegal Display of Flags and Emblems on Vehicles: Kerala High Court
The Kerala High Court has sought details from the State Government regarding the action taken on directions issued by the Ministry of Home Affairs concerning unauthorized use of National and State Emblems. The Court emphasized the need for strict implementation of the provisions of the Emblems and Names (Prevention of…
Driver's Dismissal Upheld for Making Vulgar and Misogynistic Remarks Against Koli Women: Bombay High Court
The Bombay High Court examined a dispute arising from the dismissal of a driver employed by Uttan Machimar and Vahatuk Sahakari Society Ltd., a fishermen’s cooperative society. The case concerned the legality of his termination after allegations of grave misconduct, including making vulgar and derogatory remarks…
Tenant Seeking Restoration of Possession From Landlord Must Approach Small Causes Court: Bombay High Court
The Bombay High Court has delivered an important judgment interpreting Section 28 of the Bombay Rent Act, 1947, holding that a tenant can file a suit for re-possession of premises against a landlord before the Small Causes Court when the tenancy relationship continues to exist. The Court emphasized that disputes…
