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Whether Compensation Is Necessary To Help The Victim Get Better Should Be Recommended By The Magistrate And Sessions Judge In The Judgement: HC Of Karnataka

According to the Karnataka High Court, when rendering final judgments following the conclusion of a trial, the Magistrate and Sessions Judge should decide whether or not it is necessary to recommend the payment of compensation for the victim of a crime's rehabilitation under Section 357A of the Criminal Procedure Code. Bac..

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DRT Can Impose Cost But Not Other Stringent Conditions While Restoring Application U/S 22(2)(g) RDB Act: Madhya Pradesh HC

Facts The Tribunal dismissed the Petitioners' Securitization Application for lack of prosecution. The Petitioners then filed a request to have the same restored. While considering the petitioners' case, the Tribunal placed demands on them, if met, would result in the reinstatement of their application. The list goes a..

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Manual Scavenging Laws: An Analysis

Introduction Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks. India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR). This manual scavenging is not just a highly disgusting job but also detrimental to the ind..

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The Bombay High Court's Nagpur Division Has Sent A Divorce Case Back To The Family Court After The Latter Granted Divorce Without Ruling On The Wife's Interim Motion For Maintenance Pendente Lite

Facts of the case  The respondent and appellant are a married couple with two kids. The appellant moved in with her mother in Nanded as a result of a marriage conflict. The husband claimed that his wife had been cruel to him and his family in his divorce petition to the Family Court in Akola. In accordance with section 2..

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Force And Compulsion At The Instance Of Accused Must Be Established To Attract Offence U/Sec 16 Bonded Labour System (Abolition) Act, 1976

Facts of the case  The Madras High Court found the accused guilty in this case under Sections 16 and 17 of the Bonded Labor System (Abolition) Act, 1976, overturning the Trial Court's decision of acquittal.  It was determined that there is enough proof that "Bonded Lab..

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Supreme Court Sentences Malvinder Singh & Shivinder Singh To 6 Months Imprisonment For Flouting Orders In Daiichi-Ranbaxy Case

Malvinder Singh and Shivinder Singh, the former promoters of Ranbaxy, were today condemned to 6 months in prison and told to pay a fine of Rs 5000 each within a period of 4 weeks by a Supreme Court panel consisting of Chief Justice U. U. Lalit, Justice Indira Banerjee, and Justice K. M. Joseph.  Facts  p sty..

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Strengths And Weaknesses Of The Indian Judiciary

Introduction  The Preamble speaks of “We, the people of India '' resolving to secure inter alia “Justice – social, economic and political” to “all its citizens” and hence the judiciary becomes highly essential. A nation without a Judiciary will never see justice, will never hav..

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Any State Enactment Related To Agricultural Land Tenures Is Special Law : Supreme Court Upholds Section 50(a) Delhi Land Reforms Act, 1954

Section 50 of Delhi Land Reforms  Section 50 provides that when a Bhumidhar or Asami being a male dies, his interest in his holding shall devolve in accordance with the order of the succession given below Male lineal descendants in the male line of the descent: Provided that..

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When Deciding On A Revision Petition On Tuesday The Kerala High Court Noted That Section 357(1)(B) Of The Crpc Requires The Court To Order The Payment Of Compensation From The Fine Amount In Cases Involving Violations Of Section 138 Of The NI Act

Case Title Sanil James v. State of Kerala &Anr. Facts of the case  The Revision Petition was filed to contest the revision petitioner's conviction and sentence in a case brought against him under Section 138 of the Negotiable Instrume..

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Constitutional Obligation On Judiciary

Key Takeaways It is the sole responsibility of the Supreme Court of India and the various High Courts to protect the fundamental rights of the citizens in our country and uphold constitutionalism. Hence, that wide powers were needed to be given to the courts of law so that they would be able to exercise the function a..

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S.149 MV Act: Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court

The Kerala High Court on Thursday held that when the owner of a vehicle is satisfied that the driver has a license and is driving competently, there would be no breach of Section 149(2)(a)(ii) of the Motor Vehicles Act, and hence the Insurance Company would not be absolved from their liability to compensate the victim. Section..

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The Madhya Pradesh High Court Recently Held That A Bank Cannot Backout From Implementing The One Time Settlement (OTS) Offer It Had Proposed, After It Was Accepted By The Borrower

Facts of the case Facts of the case were that the Petitioner, in the capacity of the Director of a company, stood as guarantor for a loan advanced by the Respondent Bank and had mortgaged his immovable property for the same.  The loan was later declared as Non-Performing As..

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Order XLI Rule 3-A CPC: Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently J&K&L High Court

FACTS  A plea under Article 227 was made, in terms of which the petitioner assailed an order passed by Principal District Judge, Bandipora on an Interim Application arising out of an appeal.  Prayer was made for dismissal of appeal and application for grant of interim relief fi..

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Section 278 CrPC: Orissa High Court Answers In Negative To Whether Witnesses Can Seek Correction In Evidence After Signing Deposition Sheet

The High Court of Orissa had held that a witness cannot be allowed to seek correction or modification of his/her deposition statement after he affixes his sign on deposition sheets once the evidence or statements were read to him, and those that are recorded by chief-examination and cross-examination. A single Judge Be..

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Celebrity Rights Under IPR Law

TABLE OF CONETENTS Key Takeaways Introduction Celebrity Rights Personality Rights Privacy Rights Publici..

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