Exception 4 To Section 300 IPC Not Applicable Where Accused Takes Undue Advantage By Inflicting A Fatal Injury On An Unarmed Victim: Kerala High Court. Custodial Interrogation Isn't Automatic: Punjab & Haryana HC Criticizes ED Remand Process Patna High Court Acquits Accused in Abduction Case Due to Inconsistencies and Lack of Evidence Madhya Pradesh High Court Quashes Passport Authority's Demand for Court Permission in Minor’s Passport Renewal Dispute Serious Allegations Under POCSO Act Cannot Be Quashed Solely Based On Withdrawal Of Accusations By The Victim’s Parent: Kerala High Court No Arbitrary Cut-Off Dates: HC Strikes Down Pension Restrictions for National Emergency Veterans Disciplinary Upholds Action Against RPF Officer For Failing To Prevent Theft: Delhi High Court Eviction Under Senior Citizens Act Not Permissible Without a Maintenance Claim: Patna High Court Maintainability of Divorce Suits Under Muslim Personal Law: Madhya Pradesh High Court Recognizes Muslim Male's Right to Judicial Divorce Presumption Under Section 113A of the Evidence Act Cannot Arise Without Evidence of Cruelty: Supreme Court Judicial Review Under Article 32 Not a Substitute for Statutory Remedies: Supreme Court Prosecution Failed to Prove Ingredients of Kidnapping or Abduction with Illicit Intent: Supreme Court Excise Duty | Price Was Not the Sole Consideration for Sale, and Extended Limitation Was Unjustified: Supreme Court Disciplinary Proceedings Based on Hearsay and Malice Cannot Be Sustained: Supreme Court

"CIVIL" Digest

Motor Vehicle Accident Compensation – Enhancement and Recovery - Appeals – by claimants and by Insurance Company  heard together due to their interconnected nature, dealing with compensation for a motor vehicle accident resulting in death. [Paras 1, 2]   Background: Accident involving deceased Mangilal, claim filed by wife and daughter for compensation of Rs. 33,25,000....

Promotion Eligibility – Kerala Water Authority Assistant Engineers – Determination of eligibility for further promotion based on entry quota (Degree or Diploma) for Assistant Engineers. Assessment of legal validity of Ext.P12 Final Seniority List including Diploma holders for further promotion. [Para 1-4, 13-14]   Kerala Public Health Engineering Service Rules – Analys...

Property Dispute – Title and boundary dispute over a 15.89 cents of land – Plaintiff claimed ownership and possession of specific plots in the land – Defendants contested the claim – Trial Court decreed in favor of the plaintiff, confirming his title and directing boundary fixation – First Appellate Court upheld the decision – Appeal to the High Court challengin...

Constitutional Rights – Fundamental Right to Life and Personal Liberty – Protection sought by two adult females in a live-in relationship – Invocation of Article 21 of the Constitution of India – Examination of the claim in light of established legal principles. [Para 1]   Protection of Rights – Duty of the State to protect fundamental rights – Assert...

Quashing of Government Orders – Ownership and Possession of Land – First Appeal against Trial Court Decree – Land in Bhopal under Urban Land Ceiling Act, 1976 – High Court upholds trial court’s decree in favor of respondents – Orders by state authorities regarding land declared null and void post-repeal of Urban Land Ceiling Act, 1999 – Respondents' ow...

Identification Evidence – Examination of Key Witnesses – Trial court and appellate court convicted the accused based on identification testimony – Court examines the evidence of crucial eyewitnesses, PW2 and PW3 – Witness testimony hinges on identification of the accused as the driver of the tanker lorry involved in the accident – Both PW2 and PW3 identify the accused...

Civil Procedure – Execution of Decree – Auction of Property – Court dealt with a revision petition challenging the order of the Addl. Civil Judge (Senior Division), Ferozepur, pertaining to the auction sale of land to satisfy a decree for compensation. The land was attached following a partly decreed suit for recovery due to a death caused by the petitioner and others. [Para 1, 2...

Writ Petition – Clinical Negligence – Compensation – Challenge against the award passed by the West Bengal Clinical Establishment Regulatory Commission (WBCERC) directing Park Hospitals to pay Rs. 20 lakh for alleged medical negligence in the treatment of Dr. Shraddha Bhutra. [Para 1]   Factual Background – Medical Treatment – Dr. Bhutra, pregnant and under...

Writ Petition – Delay and Laches – Challenging of Disciplinary Action: Karnataka State Road Transport Corporation vs. C.D. Ramaiah & Ors. – Petition challenging the Industrial Tribunal’s award setting aside disciplinary action – Tribunal’s award based on delay condonation overruled due to substantial delay and laches in raising the dispute – Origina...

Transfer Petition – Denial of Opportunity for Hearing – Petitioners aggrieved by the District Judge, Gurugram’s dismissal of their transfer application for Civil Suit No. CS/1615/2023. The petitioners claimed they were denied a fair hearing, causing apprehension of not receiving justice. Revision petition filed in the High Court. [Para 1-2]   Counsel’s Arguments ...