The Kerala High Court recently answered no to the question of whether a vehicle driving or traveling alongside another vehicle that is transporting narcotics and psychotropic substances could be considered a vehicle used as a conveyance in carrying the contraband to seize it under Section 52-A of the NDPS Act. The Single Judge Bench of Justice A. Badarudeen noted that it goes beyond t..
Three people accused of crimes against a member of a Scheduled Caste were recently granted anticipatory bail by the Bombay High Court, which noted that just because an accused individual made noise in his own home doesn't necessarily suggest that it was done with sexual purpose. "We cannot assume that just because a person makes some noise in his home, that person has some so..
According to the Kerala High Court, having gold in your pocket without the necessary paperwork raises suspicions of tax avoidance. There is no reasonable explanation, according to Justice Gopinath P. bench, for the mismatch between the number of documents the petitioner brought before the department that evening and the amount of gold that was taken from the petitioner. The ..
The Gujarat High Court has reaffirmed that under the Hindu Marriage Act, 1955 (the Act), a matrimonial dispute appeal must be filed within 90 days of the Family Court's decision or judgment. The ruling clarifies the conflict between the two sections because, while Section 19 of the Family Courts Act only allows for a 30-day appeal period, Section 28 of the Hindu Marriage Act provi..
The Kerala High Court noted on Friday that owners of the cars are also subject to prosecution under Section 113(3) of the Motor Vehicles Act, 1988 if they allowed the vehicle to be driven with an excessive amount of weight. The court stated that after hearing several petitions contesting the actions taken under Sections 113(3)(b) and 194(1) of the Motor Vehicles Act, the complaints ra..
According to the Orissa High Court, before deciding on an application, a court that is not a juvenile justice board must conduct an investigation and gather all necessary evidence by Section 9(2) of the juvenile justice act. The Single Judge Bench of Justice Sashikanta Mishra made the following observation while setting aside an order for violating the aforementioned provision: ..
Introduction Section 9 of the Hindu Marriage Act, 1955 deals with the restitution of conjugal rights. It states that if one spouse has withdrawn from the society of the other without any reasonable excuse, the aggrieved party can file a petition in a district court for the restitution of conjugal rights. The court, if satisfied that there is no legal ground for the withdrawal and th..
The Allahabad High Court declared the excessive delay in the trial to be oppressive and unjustified on Thursday, and it halted criminal proceedings that had been ongoing against a man accused of stealing energy for 18 years. The charge sheet and all ongoing case proceedings under Section 39/49B of the Electricity Act against the accused, Madan Mohan Saxena, was dismissed by the bench ..
The Calcutta High Court ruled that for claims that are denied as a result of it, the statute of limitations will start to expire on the date of final payment. The Court ruled that once a claim that existed at the time the final bill was prepared was rejected in the final payment, the limitation period started and could not be stopped by letters sent by one party alone. Justi..
The Bombay High Court has declared that under Section 8 of the Arbitration and Conciliation Act, 1996, the matter cannot be automatically sent to arbitration if the plaintiff seeks relief in a lawsuit against parties, some of whom are not signatories to the arbitration agreement (A&C Act). The court's decision in Vidya Drolia & Ors. v. Durga Trading Corporation (2020) and ..
Introduction: When a lawsuit is filed in court, the attorney or even the person that requested the lawsuit may not be familiar with all of the parties involved. Therefore, in order to obtain relief, you must join the other parties that are harmed as a plaintiff or defendant (as the case may be). The purpose of this clause, Order 1 Rule 10 of the CPC, is to protect honourable litigan..
Introduction Order IX of the Code of Civil Procedure (CPC) in India deals with dismissal of suits for default or for non-prosecution. It lays down the rules for the dismissal of a suit if the plaintiff fails to appear in court when the suit is called for hearing, or if the plaintiff does not take necessary steps to proceed with the suit within a reasonable time. It also provid..
Introduction: The Competition Act, 2002 is the main topic of the article, along with its parts and goals for eliminating unfair business activities. In accordance with the Act, describe how the Competition Commission of India was founded, who served as its first chairman (including the current one), and what roles, responsibilities, and powers it has. The article ends by discussing ..
Introduction Euthanasia, or the practice of ending a person's life in order to alleviate suffering, has a complex history in India. The practice has been debated for many years, with opinions on the issue divided. In the early 20th century, Indian reformers and social activists such as Mahatma Gandhi and B.R. Ambedkar spoke out against euthanasia, arguing that it was morally wro..
Introduction The power of a high court to quash an FIR (First Information Report) is known as the power of judicial review. The high court has the authority to quash an FIR if it finds that the complaint is frivolous, or if it finds that the investigation would be an abuse of the process of the court. This power is granted to the high court under Secti..
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