Legal Updates as on 17.02.2023

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  1. HC: DIFFERENT ERROR THAN LACUNA – The Kerala High Court has stated that a court cannot prevent a fair trial by denying any party a chance to correct these errors, even though it has been noted that an error or omission on the part of a party to a trial is not to be confused with a lacuna, which is an inherent weakness in a party’s case.
    Manu Dev V XXX and Another

 

  1. GUJ HC – COMMUNICATION BETWEEN THE GOVERNMENT PLEADER AND THE STATE REGARDING A PROCEEDING OUTSIDE THE SCOPE OF THE RTI. – According to the Gujarat High Court, the Right to Information Act of 2005 prohibits the disclosure of professional correspondence between a government lawyer and several State offices regarding a case in which he represented the petitioning party.
    Nimish Mahendra Kapadia v. The Dy. Secretary, Gujarat Information Commission

 

  1. Cal High Court: ADMITTING JURISDICTION IN PLEADING ENOUGH FOR EXPRESS AGREEMENT – According to the Calcutta High Court, the “explicit agreement” referred to in the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996, is satisfied by the filing of pleadings before an arbitral tribunal and consenting to the jurisdiction of the panel therein.
    McLeod Russel India Limited v. Aditya Birla Finance Limited, A.P. No. 106 of 2020

 

  1. BOMBAY HC: EXTREMELY OBJECTIONABLE TO MORALITY, GIRLS ARE TREATED AS COMMODITY EVEN IN THE 21ST CENTURY – When granting bail to a lady accused of purchasing another woman’s daughter, the Bombay High Court noted that it is morally repugnant and in violation of human rights for a one-year-old girl to be sold by her mother as a commodity in the twenty-first century.
    Ashwini Sanjay Babar v. State of Maharashtra

 

  1. SC: PROVISION OF REVIEW NOT TO SCRUTINIZE CORRECTNESS OF DECISION – The Supreme Court has noted that the purpose of the provision for review is not to carefully consider whether the decision was made correctly, but rather to correct any errors that are evident on the face of the order or record, if any, without considering whether it is possible that another opinion could differ from the one that was expressed.
    Pancham Lal Pandey vs Neeraj Kumar Mishra

 

  1. SC: REMAND ORDER LEADS TO LEGAL DELAYS AND PROLONGATION – The Supreme Court noted in setting aside a High Court decision remanding a case to the trial court that such an order should not be issued unless the appellate court determines that a new trial is necessary or that the evidence on file is insufficient to resolve the case.
    Arvind Kumar Jaiswal (D) vs Devendra Prasad Jaiswal Varun

 

  1. HC TO STATE: DEVELOP SCHEMES TO WEAN THOSE WHO ENGAGE IN RAT-HOLE MINING – In order to wean persons engaging in rat hole mining in the hilly state, the Meghalaya High Court has advised the administration to develop programmes to offer alternatives to dangerous mining practises to those who have done so out of a lack of opportunity.
    In Re suo motu illegal mining of coal in the State of Meghalaya Vs State of Meghalaya

 

  1. HC: THE POLICE CANNOT DEMAND THAT TEMPLE DECORATIONS FOR CELEBRATIONS BE MADE OF POLITICALLY NEUTRAL COLOURS. – While noting that politics had no bearing on how temple festivals, ceremonies, or daily worship are conducted, the Kerala High Court also noted that the police could not demand that only ‘politically neutral’ coloured decorative materials be utilised.
    Major Vellayani Devi Temple Advisory Committee & Anr. v. State of Kerala & Ors. and Sreeraj Krishnan Potti M.S. v. Travancore Devaswom Board & Ors.

 

  1. SC: WHAT MATTER IS WITNESS QUALITY, NOT WITNESS QUANTITY – After upholding the conviction and sentence of four people in a murder case based on the testimony of a single eyewitness, the Supreme Court made the observation that what matters is the quality of the witnesses, not their number.
    Ajai alias Ajju and others vs State of Uttar Pradesh

 

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates