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Whoever maliciously causes energy to be wasted or, with intent to cut off the supply of energy, cuts shall be punishable with imprisonment for a term which may extend to two years, or with fine: : High Court Of New Delhi
Petitioner seeks a direction to the respondent-BSES-RPL to install the new electricity connection for them to lift and stilt parking area of the property, and the same issue was held in the judgement passed by a Single bench judge HON’BLE MR. JUSTICE SANJEEV SACHDEVA, in the matter REENU MALHOTRA V. STATE OF DELHI NCT ...
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 11.11.2021 W.P.(C) 2356 2021 REENU MALHOTRA ..... Petitioner STATE OF DELHI NCT AND ORS Respondents Advocates who appeared in this case: For the Petitioner: Mr. B.P. Singh Advocate For the Respondent: Mr. Sunil Fernandes Standing Counsel BSES RPL with Mr. S...
When the law requires a certain thing to be done in a particular manner, it has to be done in such manner or not at all – Meghalaya High Court
While it is true that as to whether the security of the State is at stake is a matter that the President or the Governor, as the case may be, must be satisfied with, the three limbs of the second proviso to Article 311(2) of the Constitution cannot be made into watertight compartments. These were upheld by the High Cou...
Serial No.04 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG MCNo.1 2022 Date of Order: 07.02.2022 Sanjeeb Ch. Marak Vs. State of Meghalaya & ors Hon’ble Mr. Justice Sanjib Banerjee Chief Justice Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) For the Respondent(s) i) Whether approved for r...
Petitioners were released on bail after being arrested under Sections 147, 341, 323, 325, 379, 504, 506, 386, 307 IPC and 27 of the Arms Act, 1957: High court of Patna
The petitioners were apprehended under Section 147 IPC, “Punishment for rioting”, section 341, “Punishment for wrongful restraint” section 323, “Punishment for voluntarily causing hurt”, section 325, “ Punishment for voluntarily causing grievous hurt” and section 379, “Punishment for theft”, section 504, “ Intentional ...
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 145721 Arising Out of PS. Case No. 363 Year 2019 Thana TEGHRHA District Begusarai Ram Kumar Ray @ Ram Kumar @ Ramma Male aged about 33 years Son of Bhola Ray Resident of Village Bariyarpur Barauni Ward No.9 PS Teghra District Begusarai Sonu Kumar @ Puk...
The method of issuance of certificates of apprenticeship is regulated as per the Section 21, Apprentices Act, 1961: The High Court of Jammu & Kashmir and Ladakh
Grant of a certificate only after the completion of the period of training as an apprentice and after appearance in a test to be conducted by the national council or any such agency authorized by the Central Government, to determine the proficiency in the designated trade, in which the apprentice has undergone apprenti...
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2264 2021 CM No. 8043 2021 Cav No. 1681 2021 Through: Mrs. Surinder Kour Sr. Advocate with Mr. Sunil Kumar Advocate Ajay Kumar UT of J&K and others …. Respondent(s) Through: Mr. Ejaz Lone Dy. AG Mr. Rahul Pant Sr. Advocate with Mr. Anirudh Sharma Advocate Cora...
The Compensation Must Be Increased With The Dynamic Land Policies: In Bombay High Court
With the Changing Land Policies, Compensation Must Be Increased per Hectare. The land compensation was increased from Rs.10,500 per hectare to Rs.50,000 per hectare by the Reference Court, which the High Court Of Bombay upheld.  The honorable judge ANUJA PRABHUDESSAI, J pronounced this judgment on 25.01.2022 in JAGRAM ...
1 J FA 90 2018.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.90 OF 2018 Jagram Balu Jadhaoand enhanced the compensation from Rs.10 500 per hectare to Rs.50 000 per hectare in respect of the land under Survey No.19 2 admeasuring 6H 7R of village Mokh Tq Digras Distt. Yavatmal 3 J FA...
If an authority acts in an arbitrary matter even in a matter of contract, an aggrieved party can approach the Court by way of Writ: High Court of Jammu and Kashmir
If an authority acts in an arbitrary matter even in a matter of the contract, an aggrieved party can approach the Court by way of Writ under Article 226 of the Constitution and that the Court, depending on the facts of the said case, is empowered to grant the relief. It is trite that when an act of authority is arbitra...
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR WP(C) No. 437 2020 CM No. 879 2020 Reserved on: 11th of May 2021. Pronounced on: 21st of May 2021. ….. Petitioner(s) Abdul Qayoom Dar Through: Mr Manzoor Ahmad Dar Advocate. Through: Mr Tahir Majid Shamsi ASGI. Chief EngineerCPWD Satwari Jammu & Ors. ….. Respondent(s) ...
There had been collusion in suppressing the death information of deceased: Calcutta High Court
It seemed that the petitioner could not make his supplication out of this petition. Thus, not finding any merit in the revisional application, whereof such application was proclaimed dismissed. The Hon’ble High Court at Calcutta before the Hon’ble Justice Subhasis Dasgupta held such an opinion in the matter of  Sk. Asf...
In the High Court at Calcutta Civil Revisional Jurisdication The Hon’ble Justice Subhasis Dasgupta CO. No. 13221 Sk. Asfar Ali & Ors Sk. Asgar Ali For the Petitioners Mr. Bhudeb Chatterjee Adv Mr. Sanjib Kumar Ghosh Adv For the Opposite Party Mr. Sounak Bhattacharya. Adv Subhasis Dasgupta J: The impugned order No. 37 d...
Law does not necessarily require the person to be burdened with such harsh consequences of an error, without regard to facts and circumstances of the case: Delhi High Court
Some degree of administrative flexibility can be exercised to enable him to pursue an educational opportunity in a situation where neither the institution nor any other candidate would be prejudiced thereby. This was said in the case of Adil Sajeer Ansar v University Of Delhi & Anr [W.P.(C) 5392/2020] by  Mr. Justi...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 8th April 2021 Pronounced on: 23rd April 2021 W.P.(C) 5392 2020 & CM APPLs. 19431 2020 34199 2020 ADIL SAJEER ANSARI ..... Petitioner Through: Mr. Sahil Bhalaik & Mr. Tushar Giri Advocates. UNIVERSITY OF DELHI & ANR. Respondents Through: Mr. Mohinder J.S. Rupal and ...
No party can be permitted to unilaterally appoint an Arbitrator: High Court of Delhi.
Where one party unilaterally appoints an arbitrator, it defeats the purpose of unbiased adjudication of disputes between the parties. A single judge bench comprising of Hon’ble Justice Suresh Kumar Kait, in the matter of Hashnine Systems private Ltd. Vs. Eastern Air Command Head (Quarters), Indian Air Force (ARB.P. 356...
ARB.P. 356 2021 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13.07.2021 HASHNINE SYSTEMS PRIVATE LIMITED .. Petitioner Through: Mr Avinash Sharma Advocate EASTERN AIR COMMAND HEAD QUARTERS) INDIAN AIR ...... Respondent Through: Mr. Rajesh Kumar Das Advocate with Mr. Shailesh Sharma HON BLE MR. JUSTICE SUR...
While granting bail, the Court has to keep in mind, inter alia, the larger interest of the public and State: Orissa High Court
In the last few years, the country has been seeing an alarming rise in white-collar crimes, which has affected the thread of the country’s economic structure. Deciding upon a bail application submitted by the accused charge for an economic offence, Justice S. K. Panigrahi, deciding on the case of Ajaj Ahamad V. State o...
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 16621 Ajaj Ahamad Sidhartha Sankar Ray Advocate versus State of Odisha…. Opposite Party Mr. Sk. Zafarulla Additional Standing Counsel CORAM: JUSTICE S. K. PANIGRAHI Order No. 06. 1. This matter is taken up by video conferencing mode. 2. Heard learned counsel for the pet...
No direction can be issued to the Election Commission of India in reference to the internal election of the parties – Madras High Court
“This court took cognizance of the aforesaid to maintain the writ petition seeking free and fair elections to the local bodies in reference to Article 243 of the Constitution. In the instant case, the election is not to local bodies, Assembly or Parliament, but internal elections of the political party.” These were sai...
W.P.No.261721 IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON:07.12.2021DELIVERED ON:14.12.2021CORAM :THE HON BLE MR.MUNISHWAR NATH BHANDARI ACTING CHIEF JUSTICEANDTHE HON BLE MR.JUSTICE P.D.AUDIKESAVALUW.P.No.261721J.Jayachandran .. Petitioner Vs1 The Election Commissioner of India Election Commission of India Ni...
“Appellate Authority is of the opinion that no interference of this forum is warranted…”: SEBI, Part 3.
On perusal of the first part of the query, it was noted that the respondent has categorically informed that the copy of the order dated 31st of October, 2018 passed in the matter of SICCL, has been forwarded to Director General & Inspector General of Police, West Bengal, for information. It was noted that the respo...
Appeal No. 43521 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43521 Dahyalal Ganeshbhai Panchal CPIO SEBI Mumbai The appellant had filed an application dated May 03 2021under the Right to Information Act 2005against the said response dated Jun...
Commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 : High Court of Himachal Pradesh
The question as to commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 was examined by THE HIGH COURT OF HIMACHAL PRADESH , consisting of Chander Bhusan Barowalia in the matter of State of H.P vs. Kundan Lal  [ Criminal Appeal No. 511 of 2010 ]  on 21.6.2018. ...
The State Of H.p. V. Kundan Lal High Court Of Himachal Pradesh Criminal Appeal No. 515 Of 1999 06 09 2010 The State Of H.p HON BLE JUSTICE R.B. MISRA HON BLE JUSTICE V.K. SHARMA JJ. LQ HimHC 2010 1733 R.B. Misra 1. The presence of accused respondent could not be ensured despite issuance of non bailable warrants. Howeve...
A dispute between parties must be referred to an arbitrator if the development agreement between them calls for it: High Court of Delhi
A development agreement is a legally binding contract drafted between parties for the purpose of developing a property. In cases where an arbitration clause has been included in the agreement between the parties, any dispute between them must be referred to an arbitrator. This was held in the case of Raj Sujan & An...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26.07.2021 ARB.P. 558 2021 RAJ SUJAN & ANR. Mr. D. Abhinav Rao Adv. Petitioners MS GEAR UP BUILDERS PVT LTD & ORS. Respondents Through Mr. Navneet Dugar Adv. HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENTThe hearing has been conducted through video conferencing....
Cases can be tried together as ‘case and counter’ only when based on the same incident: High Court of Kerala
For multiple cases to be termed as ‘case and counter’, the rival versions should be based on the same incident and such cases alone can be tried together in a Sessions Court under powers given in Section 218 of CrPC. This was decided in the case of Jeevan and Others V State of Kerala [Crl.MC.No.231 OF 2021(H)] in the H...
IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY THE 03RD DAY OF FEBRUARY 2021 14TH MAGHA 1942 Crl.MC.No.231 OF 2021(H SC 216 2017 OF PRINCIPAL ASSISTANT SESSIONS COURT NORTH CRIME NO.582 2017 OF Munambom Police Station Ernakulam AGED 18 YEARS S O.SURAN PAZHAMPILLY HOUSE PALLIPPURAM...
Existence of a right is the foundation of the jurisdiction of a Court to issue a ‘Writ of Mandamus’: High Court of J&K and Ladakh
The ‘Writ of Mandamus’ is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where law has established no specific remedy and whether justice, despite demanded, has not been granted as upheld by the Hon’ble High Court o...
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR SWP No. 790 2019No. 1227 2019] Serial No. 21 Regular Cause List Dated: 24th of November 2021. … Petitioner(s) Ghulam Hassan Lone Mr Mutahar Ahmad Makhdoomi Advocate. JK High Court & Ors. … Respondent(s) Through: Mr Sofi Manzoor Advocate vice Mr N. A. Beigh Senior Adv...
During the pendency of the confiscation case, the petitioner shall not create any third party right or interest in respect of the vehicle, and shall not alienate the vehicle: Patna High Court
During the pendency of the confiscation procedure, the petitioner shall also submit the affidavits/undertakings, the petitioner shall not create any third party right or interest in respect of the vehicle and shall not alienate the vehicle during this period is upheld by the High Court of Patna through the learned benc...
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.190721 Upendra Prasad Son of Late Bunilal Prasad Resident of Village Baliya P.S. Maharajganj District Siwan ... Petitioner s The State of Bihar through the Principal Secretary Department of Excise Government of Bihar Patna The District Magistrate ...
In Absence of Initial Challenge, Parties cannot take the Shelter of the Question of Limitation: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Whether where, the appellant has not challenged the original order admitting the application whereby CIRP was initiated, the appellant can subsequently take the shelter of the question of limitation, was considered by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, before a bench consisting of ...
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI Company Appeal(Insolvency) No. 6920 Arising out of order dated 22.07.2020 in CA 69(PB) 2020 passed by the Adjudicating Authority New Delhi Principal Bench.] IN THE MATTER OF: Amish kumar Gupta C 103 Priyadarshini Apartment I.P. Extension Delhi 110092. Ap...
Once there is no compromise and/or a settlement between the parties before the Lok Adalat, the matter has to be returned to the concerned Court: Supreme Court.
The Lok Adalat has no jurisdiction at all to decide the matter on meris once it is found that compromise or settlement could not be arrived at between the parties as upheld by the Hon’ble Supreme Court through the bench lead by Justice M.R Shah in the case of Estate Officer v. Colonel H.V. Mankotia (Retired) (CIVIL APP...
IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6223 OF 2021 …Appellant(s Colonel H.V. Mankotia…Respondent(s JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned order dated 30.11.2013 passed by the High Court of Madhya Pradesh Bench at Indore in Writ Petition No. 80711 by which in a Lok Adala...
Preventive Justice requires and action to be taken to prevent apprehend objectionable activities. : Jammu and Kashmir High Court
In a case of preventative detention, no crime has been proven, no charge has been issued, and the grounds for such imprisonment is suspicion or reasonableness, rather than a criminal conviction that can only be justified by legal evidence. Preventive justice entails taking steps to prevent illegal activities from being...
Wp(Crl) No. 148 202 vs Ut Of Jk And Others on 4 June 2021 Jammu & Kashmir High Court Srinagar Bench Wp(Crl) No. 148 202 vs Ut Of Jk And Others on 4 June 2021 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR no. 148 2020 Reserved on: 20.05.2021 Pronounced on: 04.06.2021 Mohammad Maqbool Dar ....... Petitioner(s Through: Mr. ...
The corporation may recover damages from the employer by way of penalty: High Court Of New Delhi
The present two petitions have been filed by the Petitioner seeking to quash the order dated 30th March 2020 by which damages have been imposed by the Employees State Insurance Corporation, and the same issue was held in the judgement passed by a single bench judge comprising JUSTICE PRATHIBA M. SINGH, in the matter M/...
6 & 7 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 8th November 2021 Through: None. W.P.(C) 3030 2020 and CM APPL. 10548 2020 M S. VISHAKHA FACILITY MANAGEMENT(P) LTD... Petitioner EMPLOYEES STATE INSURANCE CORPORATION.. Respondent M S VISHAKHA FACILITY MANAGEMENTLTD... Petitioner W.P.(C) 3045 2020 and CM ...
The disciplinary authority has the powers to impose a penalty of dismissal upon the delinquent even after his attaining the age of superannuation: Jharkhand High Court
Since the disciplinary proceedings were conducted when the employee was working, the disciplinary authority has the authority to place the punishment of dismissal/major penalty on the respondent even though he has reached the age of superannuation. Because of the legal fiction provided under the rules, it can be comple...
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.32812 Bhaswati Sharma … … 1. The State of Jharkhand through its Secretary Human Resources Development Department Government of 2. Director Secondary Education) Government of Jharkhand Ranchi. Jharkhand Ranchi. 3. District Education Officer Sahibganj. … … Respondents ...
Wife has the Right to Claim Maintenance from the Estate Inherited by the Father – In – Law: Bombay High Court
 A widow has every right to claim maintenance from the estate inherited by her father-in-law held by Hon’ble Justice Nitin W Sambre in the case of Sardool Singh Sucha Singh Matharoo V. Harneet Kaur [Writ Petition (S.T.) No. 4054 of 2020] observed that u/s 19 of the Hindu Adoption and Maintenance Act, 1956, the widow ha...
1 wpst 4054.2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITIONNO.4054 OF 2020 Sardool Singh Sucha Singh Vs …. Petitioner Harneet Kaur widow of Bhupinder Singh Matharoo & Anr. Mr. Bipin Joshi a w Mr. Prayag Joshi for Petitioner Mr. G.L. Bajaj for Respondent Coram : NITIN W. SAM...
No compensation on insurance policy in case of intoxication: Supreme Court of India
The Provisos of insurance policy specifically disclose that compensation will not be paid in respect of injury of the injured if he is under the influence of intoxicating liquor and the injured was not entitled to compensation since on facts it was proved that he was intoxicated and that was due to intoxication. This j...
This appeal arises out of order and judgement of the ‘Impugned Order’) allowing Revision Petition No. 331 of 2007 filed by the Respondent No.1 herein Himachal Pradesh State 9.10.2006 passed by the Himachal Pradesh State Consumer Disputes Redressal Commission Shimla was an employee of Respondent No.1­ Office Chopal. On ...
Detention at Deportation Centre under Foreigners Act after acquittal is grossly unlawful: Delhi High Court
In the purview of habeas corpus, the Delhi High Court in the case of Ruma Bibi v State & Ors [W.P.(CRL) 902/2020] held that any detention at deportation centers construed under the Foreigners Act after the acquittal of the accused shall be regarded as unlawful. The writ petition was filed before the bench comprisin...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 902 2020 RUMA BIBI Date of decision: 08th April 2021 Through: Mr. Ajay Verma with Ms. Mehak Nakraand Ms. Aakanksha Bansal Advocates. Petitioner STATE & ORS Through: Mr. Dhruv Respondents Pande Advocate Jagdish Special alongwith S.I. Branch. Mr. Dayan Krishnan Advocate a...
Pre-Arrest Bail denied and Interim Order passed to protect stood cleared on establishing up the reason for Assault and Dowry Demand: High Court Of Patna
The applicant asserted torment, attack, and endowment request were denied the pre-capture bail. Additionally, the interim protection of him was cleared by the Court orders. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Abhay Kumar v. The State of Bihar[Criminal Miscellaneous No. ...
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 780919 Arising Out of PS. Case No. 331 Year 2019 Thana RAHUI District Nalanda Abhay Kumar aged about 34 years Male Son of Suresh Prasad Resident of Shahpur PS Rahui District Nalanda The State of Bihar ... Petitioner s ... Opposite Party s For the Petit...
Forum Shopping clearly amounts to criminal contempt: Karnataka High Court
Forum shopping is a practice where litigants file their legal case in a court which they believe is probable of providing a favourable verdict. In a broader context, it is a practice of frequently seeking a dispute resolution forum for a complaint, concern or action, until one is found. Such kind of forum shopping is a...
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY 2021 THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.172 OF 2021BETWEEN : INDIA AWAKE FOR TRANSPARENCY REP. BY P. SADANAND AUTHORISED SIGNATORY SHRISTHI CRESCENDO 24 DESIKA ROAD MYLAPORE CHENNAI 600 004 ... PETITIONER UNION OF I...
Grant of temporary injunction is not to put an end to the litigation, but it is a beginning of the litigation: High Court of Jammu & Kashmir and Ladakh
Supreme Court has made it clear that if the appellate court comes to the conclusion that the discretion exercised by the trial court in refusing to entertain the prayer for temporary injunction is vitiated by an error apparent or perversity and manifest injustice has been done, then interference in such circumstances w...
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 28.10.2021 Pronounced on: 03.11.2021 MA No. 17 2021 CM No. 8002 2021 Samitra Devi .Appellant(s) Through: Mr. G.S. Thakur Advocate Shree Kumar Kotwal and others Respondent(s) Through: Mr. R.D. Singh Bandral Advocate Mr. Vikram Rathore Advocate CORAM: HON’BLE...
Punishment for dismissal from duties valid for long unauthorized absence from duty: Delhi High Court
For long unauthorized absence from duty, the punishment of dismissal of a CAPF personnel cannot be held to be per se disproportionate. The above was observed by the Delhi High Court recently, in the matter of Mohd. Rafi v. Deputy Inspector General, CRPF & Ors. & Ors.  [W.P.(C) 9854/2021 & CM APPLs. 30337-33...
IN THE HIGH COURT OF DELHI AT NEW DELHI S 54 W.P.(C) 9854 2021 & CM APPLs. 30337 338 2021 MOHD. RAFI ..... Petitioner Through: Mr. Kaushal Yadav Advocate with Mr. Shafik Ahmed and Mr. Nandlal Kumar Mishra Advocates. DEPUTY INSPECTOR GENERAL CRPF ORS & ORS. ..... Respondents Through: D.S.Mehandru Advocate with Mr. Aksha...
Time period prescribed within the Act is a Directory Provision: Supreme Court
The Supreme Court observed that mere literal construction of a statute without examining the context and the scheme will not serve the purpose of the statute. The bench consisting of J. Nageswara Rao, J. Hemant Gupta and J. Ajay Rastogi observed in C. Bright v. the District Collector & Ors [Civil Appeal No. 3441 of...
IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3441 OF 2020 ARISING OUT OF SLPNO. 12381 OF 2020 DIARY NO. 46087 OF 2019 THE DISTRICT COLLECTOR & ORS JUDGMENT HEMANT GUPTA J The challenge in the present appeal is to an order passed by the Division Bench of the Kerala High Court of 19.7.2019 whereby it was held tha...
Anticipatory bail is an extraordinary remedy to be granted only in extraordinary circumstance: Manipur High Court
In the circumstance of the investigation going in the right way and limited allegations levelled against petitioners, if the anticipatory bail is granted to the petitioners, no prejudice would be caused either to the victim or the prosecution. This was said in the case of Thokchom Thai Singh vs The Officer-In-Charge [A...
IN THE HIGH COURT OF MANIPUR AT IMPHAL AB No.21 Thokchom Thai Singh aged about 23 years S o Th. Sukumar Singh resident of Malom Tulihal Makha Leikai P.O. Tulihal P.S. Nambol District Imphal West Manipur. . Petitioner s Versus The Officer in Charge Women Police Station Kakching Kakching District Manipur. With AB No.21 ...
The language of Section 152 of CPC is based on the presumption that the mistakes are of a clerical nature : The High Court of Calcutta
Section 152 of The Code of Civil Procedure applies to clerical and arithmetical mistakes in judgments, decrees or orders or errors arising from any accidental slip or omission which may be corrected by the court any time after passing of the order either on its own motion or on the application of any of the parties who...
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA I.A. No. G.A.18 Old No. G.A. No.5018) C.S.1416 Orient Beverages Ltd. & Ors. For the Plaintiffs Mr. S. N. Mookherjee Sr. Adv. Square Four Assets Management & Reconstruction Co. P. Ltd & O...
A single cartridge without firearm is a minor ammunition, protected under clause (d) of Section 45 of the Arms Act: Delhi High Court
A single cartridge without firearm is a minor ammunition which is protected under clause (d) of Section 45 of the Arms Act. The possession of the ammunition if unconscious and there was no arm with the accused and there was no threat to anyone, the FIR is quashed, was referred by the Delhi High Court, in case of Manab ...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29.01.2020 CRL.M.C. 485 2020 MANAB KUMAR SINGH Through: Mr. Satvinder Singh Adv. Petitioner STATE & ANR. Respondents Through: Mr. Izhar Ahmad APP for State with SI Rajdeep Singh PS IGI Airport and Inspector Vinod PS Bharat HON BLE MR. JUSTICE SURESH KUMAR KAIT J...
The Central Government by enacting The Transgender Persons (Protection of Rights) Act, 2019 Should be liberally interpreted: Allahabad High Court
Central Government by enacting The Transgender Persons (Protection of Rights) Act, 2019 is a socially beneficial legislation, and therefore this Act cannot be given an interpretation that would defeat the very purpose for which the Act was brought into force. Such an observation was made by the Hon’ble Allahabad High C...
Court No. 5 Case : MISC. SINGLE No. 266117 Petitioner : Shivanya Pandey Respondent : State Of U.P Thru Prin Secy Secondary Edu Lko & Ors Counsel for Petitioner : Shubham Tripathi Ali Jibran Aman Khan Suyash Manjul Counsel for Respondent : C.S.C Kirti Srivastava Hon ble Vivek Chaudhary J 1. Heard Sri Mohd. Aman Khan lea...
Issuance of Writ Mandamus Directing the Respondent to Refund the Security deposit can be Maintainable: Assam High Court
The writ petition was filed under Article 226 of the Constitution of India, like Mandamus directing to release the security deposit. A court order Commanding an Inferior authority to perform an Official duty correctly held by the Hon’ble Assam High Court Before the Hon’ble Mr JUSTICE DEVASHIS BARUAH in the matters of P...
Page No.# 1 8 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 2765 2015 M S POWER GRID ASSOCIATES NEAR SAT SANGHA VIHAR DULIAJAN P.O. DULIAJAN DIBRUGARH ASSAM PIN 786602. REP. BY ITS PROPRIETOR SRI SANJIB KR. GOGOI M S POWER GRID ASSOCIATES NEAR SAT SANGHA VIHAR DULIA...
Guarantor cannot escape the payment outlined as per the resolution plan: Calcutta High Court
When a resolution plan has been approved by a committee of creditors, it is binding on the guarantor and he cannot escape his obligations outlined in the plan. This was addressed in the case of Gouri Prasad Goenka v State Bank of India [WPO No. 171 of 2021] which was adjudged on 21st June 2021 by a bench consisting of ...
The Hon’ble Justice Sabyasachi Bhattacharyya In The High Court at Calcutta Constitutional Writ Jurisdiction Original Side WPO No. 1721 Gouri Prasad Goenka Vs. State Bank of India For the petitioner For the State Bank of India Hearing concluded on Judgment on The Court: : Mr. Jishnu Saha Mr. Ishaan Saha Ms. Sananda Gang...
Mahanagar Telephone Nigam Ltd Vs Canara Bank
The Group of Companies doctrine indicates the implied consent to an agreement to arbitrate, in the context of modern multi-party business transactions. In 1992, Mahanagar Telephone Nigam Limited (“MTNL”) floated 17% non-cumulative secured redeemable bonds worth Rs. 425 crores. On February 10, 1992, after executing a Me...
1. The present Special Leave Petitions have been filed to of 1995 Order dated 21.10.2011 passed in C.M. No. 122311 Order dated 05.07.2013 passed in C.M. No. 8100 of 2012 and Order dated 10.01.2014 passed in C.M. No. 324 2.1. In 1992 MTNL floated 17% Non­Cumulative Secured Redeemable Bonds described as the VI Series wor...
Customer witnesses need not be produced for proving misconduct or irregularities of workman under Industrial Dispute Act, 1947: High Court of Delhi
The statement of the witnesses is not the sole material evidence. Customer witnesses need not be produced for proving misconduct or irregularities of workman under I.D. Act as it leads to the greater inconvenience for the customer which the management sees to avoid under all circumstances is upheld by High Court of Del...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th January 2022 W.P.(C) 1614 2022 & CM APPL. 4674 2022 Petitioner Through: Mr. Vinay Sabharwal Advocate. DELHI TRANSPORT CORPORATION JUSTICE PRATHIBA M. SINGH Through: Ms. Aditi Gupta Advocate M: 9811046710) Respondent SHRI BIRI SINGH Prathiba M. Singh J.This ...
Before issuing non-bailable warrants, the courts should strike a balance between societal interests and personal liberty and exercise their discretion cautiously: Jharkhand High Court
Owing to the exceedingly dangerous repercussions and implications that follow the issuing of warrants, both bailable or non-bailable, warrants can never be released without sufficient review of evidence and full application of mind. The court must look at whether the criminal charge or FIR was brought with an oblique i...
1 Cr. M.P. No. 2719 of 2020 IN THE HIGH COURT OF JHARKHAND RANCHI 1.Gouri Devi wife of Badri Yadav aged about 45 years 2.Gita Devi wife of Sukhdev Yadav aged about 34 years 3.Anju Devi wife of Tribeni Yadav aged about 34 years 4.Jaswa Devi wife of Surendra Yadav aged about 39 years 5.Saryu Yadav son of Lalo Yadav aged...
Father committing rape upon minor daughter is aggravated penetrative sexual assault under Section 5(n) of the POCSO Act, 2012: Tripura High Court
The accused has failed to establish the fact that he did not commit rape upon her daughter. Considering the overall evidence and materials on record, we find no reason to dislodge the finding of guilt of the accused recorded by the learned Special Judge in convicting the accused-appellant. This was said in the case of ...
Page 1 THE HIGH COURT OF TRIPURA CRL A(J) 48 OF 2019 Sri Manik Bhakti S o Lt. Dinesh Bhakti resident of Sanichara Ward No.4 P.S. Churaibari District North Tripura. Vs …. Appellant The State of Tripura HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON’BLE MR. JUSTICE ARINDAM LODH For the appellant Mrs. S. Chakraborty Advoc...
Gorle S. Naidu v State of A.P. and Ors.
The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. The appeals are interlinked and relate to a Division Bench judgment of the Andhra Pradesh High Court whereby the respondents were acquitted.The deceased persons Kurmi Naidu and Meesala Jogulu were residents of Patharlapalle ...
Appeal232 2397 Gorle S. Naidu State of A.P. and Ors. DATE OF JUDGMENT: 15 12 2003 DORAISWAMY RAJU & ARIJIT PASAYAT JUDGMENT ARIJIT PASAYAT J CRIMINAL APPEAL NOS. OF 2003 Arising out of SLPNOS. 3088 90 1997 Leave granted in SLP(Crl.)Nos. 3088 90 97 These six appeals are interlinked and relate to a Division Bench judgme...
Provisions like preventive detention must be used only in cases where ordinary law is not sufficient: High Court of Jammu and Kashmir
Preventive detention allows for a person to be detained on the basis of his past record for a crime he had not yet committed. This provision violates the fundamental rights of the person being detained and hence must be used only in exceptional cases where ordinary law is insufficient. This was found in the judgement p...
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR WPno. 133 2020 Reserved on 14.07.2021 Pronounced on 19.07.2021 …. Petitioner(s) Through: Mr Syed Sajad Geelani Advocate Through: Mr Asif Maqbool Dy.AG Union Territory of JK and others Shaheen Ahmad Parray HON’BLE MR JUSTICE ALI MOHAMMAD MAGREY JUDGE By the present habeas corp...
Accused cannot be arrested soon after the registration of an FIR: Punjab & Haryana High Court
When a complaint discloses the commission of a cognizable offence while filing an FIR, the arrest cannot be merely done through registration of an FIR is mandatory under section 154 of Crpc and mere allegation of commission of an offence cannot amount to an arrest. This remarkable judgement was passed by the Punjab &am...
on 31 10 CRM M No.2679201IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARHCRM M No.267920Date of Decision: 27.10.2020Hitesh Bhardwaj......Petitioner VsState of Punjab and others.....RespondentsCORAM: HON BLE MR. JUSTICE RAJ MOHAN SINGHPresent:Mr. Abhinav Sood Advocatefor the petitioner.Mr. Ramdeep Pratap Singh D.A....
Before coming to a conclusion and holding that the appellants have vicarious liability, the court must satisfy itself whom to make liable: Orissa High Court
Before concluding that the appellants have vicarious culpability, the court shall be satisfied that the main perpetrator and his associates are constructively responsible for any act done by the latter previous to their meeting. The court shall be satisfied with the preceding hearing. The judgment was passed by The Hig...
HIGH COURT OF ORISSA: CUTTACK. CRA No.902 From the judgment of conviction and order of sentence dated 05.04.2002 passed by Sri G.R. Dubey learned Adhoc Additional District and Sessions Judge Sundargarh in Sessions Trial No.55 100. Kaleswar Majhi and Others State of Orissa Versus For Appellants Mr. S.K. Mund For Respond...
It is duty of prosecution to prove case beyond all reasonable doubt in a criminal trial: High Court of Orissa
It is the legal duty of the prosecution to prove a criminal case beyond all reasonable doubt, meaning the jury must be convinced that there is no other possible explanation from the evidence presented at the trial. This was addressed in a judgement passed by a bench of Orissa High Court consisting of Justice S.K. Mishr...
HIGH COURT OF ORISSA: CUTTACK. CRA No.2198 From the judgment of conviction and order of sentence dated 18th August 1998 passed by Sri A.K. Parichha learned District and Sessions Judge Ganjam Gajapati Berhampur in S.C. No.3397. Ramachandra Sahu Appellant. Versus Respondent. State of Orissa For Appellant Mr. B.K. Ragada ...
Investor Protection Laws are not applicable to Builder-Buyer relations
The Hon’ble High court of Orissa in Mahasweta Biswal V. State of Odisha & Anr. (BLAPL No. 893 of 2020) held that the provisions of Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011 will not apply to real estate transactions. It was observed by the court that “It is (Odisha Protect...
HIGH COURT OF ORISSA: CUTTACK BLAPL No. 893 OF 2020 In the matter of an application under Section 439 of the Criminal Procedure Code 1973) MAHASWETA BISWAL Petitioner STATE OF ODISHA AND ANOTHER ... ... Opp. Parties For the Petitioner: M s. D. P. Dhal Sr. Advocate & B. S. Dasparida S. K. Dash S. Mohapatra K. Mohanty an...
“The respondent observed that the queries are in the nature of seeking clarification/opinion and cannot be construed as “information”…”: SEBI, Part 2.
The respondent, in response to the query numbers 1, 2, 3, 5, 6 and 7, observed that the queries are in the nature of seeking clarification/opinion and accordingly, cannot be construed as, “information”, as defined under section 2(f) of the RTI Act, 2005. In response to query number 4, the respondent informed that the a...
Appeal No. 43221 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43221 Geeta Khattar CPIO SEBI Mumbai The appellant had filed an application dated May 15 2021under the Right to Information Act 2005 of the RTI Act 2005. In response to query number...
Everyone human being has the right to education. Education must be free, at least in the primary and fundamental stages: High Court of Allahabad
The Right to education act is an act of parliament proposed on 4 august 2009 which shows and highlights the model of the importance of free and compulsory education to children age group 6-14 in India. The case held by the High court of Allahabad through the learned bench by division bench: In the Hon’ble Surya Prakash...
Court No. 3 Case : SPECIAL APPEAL DEFECTIVE No. 222 Appellant : Krishna Mohan Tiwari Respondent : District Inspector Of Schools Allahabad And Counsel for Appellant : Siddharth Khare Sr. Advocate Counsel for Respondent : C.S.C Hon ble Surya Prakash Kesarwani J Hon ble Jayant Banerji J 1. Heard Shri Ashok Khare learned S...
Ashok Debbarma @ Achak Debbarma V/s State of Tripura
Judicial scrutiny of counsel’s performance must be highly deferential, and a fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspecti...
IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.47 48 OF 2013 Ashok Debbarma @ Achak Debbarma State of Tripura JUDGMENT K. S. RADHAKRISHNAN J 1. We are in this case concerned with a tragic incident in which a group of Armed Extremists at Jarulbachai village in the night of 11.2.1997 set fire to twenty houses...
Property suit lacking clear reasons for actionable claim can be dismissed: High Court of Delhi
When the plaintiff pleads for claim over property, it is important that the details of such property in its entirety are disclosed and vague disclosure of facts cannot be admissible in court.  This was decided in the case of Master Ansh Kapoor & Anr V. K.B. Kapur & Ors [CS(OS) 3438/2014 and IA No. 3789/2016] in...
IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 12.02.2021 CS(OS) 3438 2014 and IA No. 3789 2016 MASTER ANSH KAPOOR & ANR. Plaintiffs Through Ms.Deepti Kathpalia Adv. K.B. KAPUR & ORS. Defendants Through Mr.Harshvardhan Pandey Adv. for D 1 & 2. HON BLE MR. J USTICE J AYANT NATH J AYANT NATH J . This suit is fil...
Once an affidavit is filed and the witness is being cross-examined on the same, the Court cannot permit the witness to withdraw his affidavit of evidence: Delhi High Court
Once an affidavit is filed and the witness is being cross-examined on the same, the Court or the authority concerned cannot permit the witness to withdraw his affidavit of evidence in any manner as upheld by the High Court of Delhi through the learned bench led by Justice Prathiba M. Singh in the case of M/S Sharat Das...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th October 2021 W.P.(C) 12292 2021 and CM APPLs. 38585 2021 38587 2021 M S SHARAT DASS AND ASSOCIATES ..... Petitioner Through: Mr. Sarthak Manan Mr. Bhumit Solanki Mr. Onkareshwar Kandpal & Mr. Ayush Bhist Advocates. RAMESHWAR SINGH AND ANR ..... Respondents ...
The market value as determined by the High Court is unsustainable: Supreme Court of India
The market value as determined by the High Court of Allahabad cannot be sustained either on the basis of the sale deeds or on the strength of judicial orders. There was no justification of enhancement of compensation awarded by the Reference Court i.e. Rs.120/- per square yard. This remarkable judgment was passed by th...
IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 337 OF 2021 ARISING OUT OF SLPNO. 4445 OF 2020 U.P. AWAS EVAM VIKASH PARISHAD ASHA RAMTHR. LRS & ORS CIVIL APPEAL NO. 360 OF 2021 ARISING OUT OF SLPNO. 5184 OF 2020 CIVIL APPEAL NO. 340 OF 2021 ARISING OUT OF SLPNO. 4447 OF 2020 CIVIL APPEAL NO. 338 OF 2021 ARISING O...
“If you are patient in one moment of anger, you will escape hundred days of sorrow”: Bombay High Court
The demon in you may awake for a single moment or then you may have reached that penultimate stage where you can ignore and forgive, this was opined by the court, in the recent matter of Pravin Khimji Chauhan v. The State Of Maharashtra [CRIMINAL APPEAL NO.978 OF 2012], at listed Bombay High Court, Criminal Appellate J...
on 15 02 2022 on 15 02 apeal 978.12.docIN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO.978 OF 2012Pravin Khimji ChauhanAge 36 years Occupation : Service Residing at “Matoshri” ApartmentRoom No.N.D 104 Plot No.37 Sector 6 Kamotha Colony Tal. Panvel Dist. Raigad OriginallyResid...
Non-examination of any independent witness results in impairing the credibility of the prosecution side: Delhi High Court
Non-examination of any independent witness culminated in hampering the credibility on the behalf of prosecution side. In a criminal suit filed under section 374 (2) read with section 383 of Criminal Procedure Code, 1973. The case involved a matter subjected to be heard as per 392, 394 & 34 of India Penal Code, 186...
IN THE HIGH COURT OF DELHI AT NEW DELHI IN THE MATTER OF: CRL.A. 633 2020 Reserved on: Date of Decision: 06.09.2021 13.08.2021 ..... Appellant Through: Mr. S.S. Ahluwalia Advocate DHCLSC) alongwith Mr. Mohit Bangwal Advocate. THE STATEDELHI Respondent Through: Mr. Sanjeev Sabharwal APP for State with SI Deepak P.S. Muk...
Every offence punishable under Sikkim Anti Drugs Act, 2006 shall be cognizable: High Court of Sikkim
There were reasonable grounds for believing that he was not guilty of such offence and that he won’t commit any offence while on bail. Such was held by The Hon’ble High Court of Sikkim before The Hon’ble Mr. Justice Bhaskar Raj Pradhan in the matter of Pratik Biswakarma Vs. State of Sikkim [BA No. 12 of 2021].  The fac...
THE HIGH COURT OF SIKKIM: GANGTOK Criminal Jurisdiction) SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE Bail Application No. 121 Pratik Biswakarma S o Nar Bahadur Biswakarma R o Zoom Daragoan West Sikkim Presently at judicial custody in Boomtar Jail. Namchi South Sikkim. ….. Applicant State of Sikkim …...
Police protection granted to the victim in the case of Dowry demand, Torture and Warning of Dire Consequences: High Court of Patna
The petitioner was alleged of torture and dowry demand from the opposite party. the court on previous orders directed the petitioner to keep the lady with dignity and security. The contentions were made that the petitioner demanded dowry and warned of dire consequences on such failure. The matter was heard and pre-arre...
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.789619 Arising Out of PS. Case No. 1926 Year 2017 Thana VAISALI COMPLAINT CASE District Vaishali Ram Kumar @ Ram Kumar Giri aged about 36 years Male son of Muneshwar Giri resident of village Jogia Math P.S. Samastipur Muffasil Distt Samastipur ... Petit...
Guest lecturer has the right against being replaced with another guest lecturer unless there are complaints regarding performance: High Court of Chhattisgarh
Guest lecturers may not be permanent employees but they still have certain right by law. The state cannot replace a guest lecturer with another guest lecturer unless there are complaints regarding their performance or competence. This was held in the case of Kanchan Gupta v State of Chhattisgarh & others [Writ Peti...
1 HIGH COURT OF CHHATTISGARH AT BILASPUR Writ PetitionNo. 35621 1. Kanchan Gupta D o. Naresh Prasad Aged About 25 Years Working As Guest FacultyAt Govt. Rani Durgavati College Wadrafnagar District Balrampur RamanujganjDistrict : Raipur Chhattisgarh 2. Additional Director Directorate Of Higher Education Department Atal...
Goodwill, misinterpretation and damage to be established in a trademark infringement case: Delhi High Court
Actions of infringement of trademark have a public interest element of protecting customers at large from the possibility of confusion. The Supreme Court bench consisting of J. Rajiv Sahai Endlaw decided upon the criteria to determine trademark infringement in the case of Roland Corporation v. Sandeep Jain & Ors. [...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 6th January 2021. CS(COMM) 565 2018 & CCNO.6 2018 ROLAND CORPORATION ..... Plaintiff Through: Mr. Pravin Anand Mr. Shrawan Chopra Mr. Vibhav Mithal Mr. Bobby Jain and Mr. Souradeep Mukhopadhyay Advs. SANDEEP JAIN & ORS. ..... Defendants Through: Mr. Neel Mason ...
There is no absolute rule that an extra-judicial confession can never be the basis of a conviction: Orissa High Court
An extra-judicial confession is a weak piece of evidence or not, it depends upon the facts of that particular case and it should be examined by the Court with great care and caution. If from the very nature of the confession itself to the person it was made, and under the circumstances, it has been made, the slightest ...
HIGH COURT OF ORISSA: CUTTACK. JCRLA No.707 From the judgment of conviction and order of sentence dated 09.08.2007 passed by Smt. V. Jayashree learned Additional Sessions Judge Rourkela in Sessions Trial No.78 of 2006recorded by the learned Additional Sessions Judge Rourkela in Sessions Trial No.78 of 2006 happens to b...
The respondent is not expected to obtain any information from the stock exchanges for the sole purpose of providing the same to an applicant under the RTI Act. : Appellate Authority, SEBI.
The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Geeta Khattar v CPIO, SEBI, Mumbai (Appeal No. 4306 and Appeal No. 4307 of 2021) dealt with an issue in connection with the Section 2 (f) of the Righ...
Appeal No. 4306 and 43021 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43021 Appeal No. 43021 Geeta Khattar CPIO SEBI Mumbai The appellant had filed an application dated April 14 2021 under the Right to Information Act 2005 against the said re...
Lawfully wedded wife of a deceased government servant has claim to a share of pension even if another person was nominated by deceased: High Court of Jharkhand
The lawfully wedded wife will have the right to claim a share of her deceased husband’s pension from the government even if another person was nominated for the entire pension by the deceased. This was held in the judgement passed by a single member bench of the High Court of Jharkhand consisting of Justice Dr S.N. Pat...
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.No. 920 Rita Devi wife of Late Krishna Sahu Resident of Durga Bari Lane Powerganj P.O. and P.S. Lohardaga District Lohardaga Jharkhand. 1. State of Jharkhand through Chief Secretary Government of Jharkhand … PETITIONER 2. Deputy Commissioner Lohardaga. 3. Block Development O...
Interference in the process of election once the calendar of events are notified would fall foul of the law : High Court of Karnataka
The writ petitions which in effect challenge the calendar of events issued by the State Election Commission cannot be entertained at this stage as it would run counter to the prior judgments of the Hon’ble Apex Court. This was held in JEELANI V. The THE DEPUTY COMMISSIONER BIDAR & Ors and connected matters[W.P.NO.2...
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL 2021 THE HON’BLE MR.JUSTICE M.NAGAPRASANNA WRIT PETITION No.200735 2021THE DEPUTY COMMISSIONER BIDAR BIDAR 585401 THE SECRETARY URBAN DEVELOPMENT AND MUNICIPAL AFFAIRS VIKAS SOUDHA 4TH FLOOR BENGALURU 560001 THE COMMISSIONER BIDAR MUNICIPAL...
The High Court has the power to transfer the investigation to the CBI even without the consent of the State Government: Tripura High Court
The investigation must be taken away from the range of the local police authorities and be handed over to a Special Investigation Team(SIT) that shall be constituted by this Court. Such an opinion was held by The Hon’ble High Court Of Tripura before The Hon’ble Chief Justice Mr. Akil Kureshi and The Hon’ble Justice Mr....
Page HIGH COURT OF TRIPURA WP(Crl.) No.6 2021 Mrs. Buddhapati Chakma W o Late Pindulal Chakma Village Burshingpara P.O : Laljuri Kanchanpur Police Station North Tripura district Tripura Pin 799270. .. Petitioner(s). Vs. The State of Tripura represented by the Chief Secretary Government of Tripura New Secretariat Buildi...
Ipso Facto, a delay in conducting a disciplinary investigation does not invalidate it: Supreme Court
The Supreme Court stated that any delay in conducting a disciplinary investigation does not ipso facto render the investigation void. The bench of Justices D.Y. Chandrachud, Vikram Nath, and Hima Kohli stated that the prejudice induced by the delay must be proven and cannot be based on speculation. After it was reveale...
IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No 51521 Arising out of SLPNo 46520 State of Madhya Pradesh & Anr Akhilesh Jha & Anr JUDGMENT Dr Dhananjaya Y Chandrachud J This appeal arises from a judgment of a Division Bench of the High Court of Madhya Pradesh dated 5 September 2019 The first respondent was posted a...
SCST Act cannot be invoked when the abuse has taken place within four walls : Karnataka High Court
An independent evidence must exist, apart from the oral statements of the victim, in order to convict an accused. The High Court bench consisting of J. H P Sandesh, adjudicated on the matter of State of Karnataka by Whitefield Police Station Bengaluru v. Christopher Ireland & Ors. [Criminal Appeal No. 173/2011], wh...
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF DECEMBER 2020 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL APPEAL No.173 2011 STATE OF KARNATAKA BY WHITEFIELD POLICE STATION … APPELLANT BY SRI. DIWAKAR MADDUR HCGP) CHIRSTOPHER IRELAND S O LATE E.O. IRELAND BRINE IRELAND S O LATE E.O. IRELAND YUZ...
While exercising power under Article 227 of the Constitution, the Court is not supposed to re-appreciate facts: High Court of Uttarakhand.
The supreme court had observed in India Pipe Fitting Co. Vs. Fakruddin M.A. Baker and another, that – The scope is limited to an enquiry as to the existence of some perversity or grave error in the order passed by Court or Tribunal that would call for rectification. A single judge bench comprising of Hon’ble Justice Ma...
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 17TH DAY OF AUGUST 2021 HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI Writ PetitionNo. 10921 Niyaz & others. ....Petitioners By Mr. Neeraj Garg Advocate) Mohammad Hussain & others. ....Respondents By Mr. Piyush Garg Advocate) This is defendants’ petition under Article 227 o...
Detention Order cannot be quashed on ground of delay in its execution: High court of Delhi
When the central agencies have passed a detention order of an individual for smuggling activities, such detention order cannot be cancelled merely because there has been a delay in the execution of such an order and the delay does not vitiate the order itself.  This was decided in the case of Harmeet Singh  Vs. Union O...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL.) 1166 2020 & CRL.M.A. 10239 2020 HARMEET SINGH Judgment reserved on: 08.12.2020 Judgment delivered on: 16.02.2021 Petitioner Through: Mr. Siddharth Aggarwal Mr. Arjun Dewan Mr. Sowjahnya Shankaran and Mr. Shahryar Khan Advocates UNION OF INDIA THROUGH ITS SECRETARY MINI...
It is settled law that even the High Courts in exercise of their equity jurisdiction without applying the doctrine of prospective over-ruling, indisputably can grant a limited relief : Delhi High Court
When a candidate gets selected for admission or for appointment to a post on the basis of his own merit and without availing any relaxations, then his selection would not be counted against the reserved post as upheld by the High Court of Delhi through the learned bench lead by Justice Manmohan in the case of Hemant Po...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 4982 2021 & C.M.No.15269 2021 HEMANT POKHRIYAL ..... Petitioner Through Mr.Amit Kaushik Advocate. STAFF SELECTION COMMISSION & ORS. Through Mr.Nirvikar Verma Advocate. ..... Respondents Date of Decision: 01st October 2021 CORAM: HON BLE MR. JUSTICE MANMOHAN HON BLE MR. J...
Land Acquisition Act,1894- Guesswork involved in fixation of market value is to be made by adopting well-recognized methods: Supreme Court of India.
It is well settled that fixation of market value in a Reference under Section 18(1) of the Land Acquisition Act,1894 necessarily involves some guesswork. However, the guesswork is required to be made by adopting one of the well-recognized methods, such as the comparison method or capitalization method, and the same was...
..… APPELLANT INLAND WATERWAYS AUTHORITY OF INDIA & ANR. ..... RESPONDENTS IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2825 OF 2011 CIVIL APPEAL NO. 2826 OF 2011 CIVIL APPEAL NO. 2827 OF 2011 CIVIL APPEAL NO. 7599 OF 2011 SLPNO. 387 OF 2013 J U D G M E N T ABHAY S. OKA J Delay condoned. Leave granted in Speci...
Kerala High Court Issues Memorandum That Lays Down The Directions To Be Followed In Case A Record Goes Missing.
The Kerala High Court noticed that there have been many instances where the court records and documents have been missing and hence in light of these events the High Court has issued an ‘Office Memorandum’ laying down the procedure for the subordinate courts in case of missing records. The memorandum was laid down by t...
OP(C).No.1428 OF 2020 IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY THE 07TH DAY OF DECEMBER 2020 16TH AGRAHAYANA 1942 OP(C).No.1428 OF 2020 AGAINST THE ORDER JUDGMENT IN C.A.NO.721 2020 DATED 2.6.2020 IN OP 48 1964 OF THE DISTRICT COURT THALASSERY AGED 61 YEARS S O.KOYA KUNJI SHAHI...
Whatever be the dispute between the husband and the wife, a child should not be made to suffer: Supreme Court of India
A Father cannot be absolved off his liability and responsibility to maintain his child till they attain the age of majority. It also cannot be disputed that the child has a right to be maintained as per the status of his father. This was observed by a division bench judge Hon’ble Mukeshkumar Rasikbhai Shah, J in the ma...
IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6374 OF 2021 Lieutenant Colonel Deepak Tyagi M.R. SHAH J JUDGMENT Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur passed in D.B. Civil Miscellaneous Appeal No. 28418 by which the D...
Single act which has propensity to affect the public order and tranquility will be sufficient for detention: High Court of Telangana
An order or detention is not a curative or reformative or punitive action, but a preventive action, the avowed object of which is to prevent the anti-social and subversive elements from imperiling the welfare of the people or the security of the nation or from disturbing the public tranquility or from indulging in whit...
THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY THE HON’BLE Dr. JUSTICE SHAMEEM AKTHER Writ Petition No.201420 Date: 31.03.2021 Banka Sneha Sheela ... Petitioner The State of Telangana rep. by Principal Secretary Home Department and others. Counsel for the Petitioner : Dr. Challa Srinivasa Reddy ... Respondents Counsel for...
TAMIL NADU MEDICAL OFFICERS’ ASSOCIATION & ORS VERSUS UNION OF INDIA & ORS
“List III of Seventh Schedule consists of items shared by both Union and the States In these writ petitions, Regulation 9(IV) and (VII), after amendment dated 05.04.2018 – Regulation 9(4) and (8) of the Post Graduate Medical Education Regulations, 2000, as framed by the Medical Council of India, were under challenge.Th...
IN THE CIVIL ORIGINAL JURISDICTION WRIT PETITIONNO(S).196 2018 TAMIL NADU MEDICAL OFFICERS’ ASSOCIATION & ORS. PETITIONER(S UNION OF INDIA & ORS. RESPONDENT(S W.P.(C) NO. 252 2018 W.P.(C) NO. 295 2018 W.P.(C) NO. 293 2018 O R D E R Issue notice in the fresh writ petitions Standing Counsel for the concerned States Union...
State is no ordinary party trying to win a case against one of its own citizens by hook or by crook: Supreme Court
The number of litigations in our country is increasing and the Central and the State Governments and their instrumentalities like banks, come to courts may be due to ego clash or to save the officers’ skin. The judicial system is overburdened which naturally causes a delay in the adjudication of disputes.  The Supreme ...
IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3807 OF 2020 Arising out of SLPNO(S). 28244 OF 2015) CHIEF EXECUTIVE OFFICER AND VICE CHAIRMAN GUJARAT MARITIME ...APPELLANT(S) ASIATIC STEEL INDUSTRIES LTD AND ORS. ...RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT J. Leave granted. With consent the appeal was heard. This...
Mandamus Writ- The issuance of disability certificate to differently abled children: High Court of Kerala
The Medical certificated and IQ test of special need and handicapped children is to be issued by Clinical Psychologists for the purpose to appear in an examination of Medical Board and could avail all the benefits given under welfare schemes of Differently abled children. This remarkable judgement was passed by honorab...
WP(C).No.4993 OF 2021(S) 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY THE 16TH DAY OF MARCH 2021 25TH PHALGUNA 1942 WP(C).No.4993 OF 2021(S DEVASHRAYAM CHARITABLE SOCIETY REG.NO.209 96 THEKKETHARA MARUTHARODE PALAKKAD 678 007...
The ambit and scope of the powers of the Magistrate under Section 319 of the Code: High court of Allahabad
Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Dr Yogendra Kumar Srivastava, J. In the matter, Mishri Lal...
Court No. 85 Case : CRIMINAL REVISION No. 32621 Revisionist : Mishri Lal Opposite Party : State of U.P. and Another Counsel for Revisionist : Kamal Dev Rai Counsel for Opposite Party : G.A Hon ble Dr. Yogendra Kumar Srivastava J Heard Sri Kamal Dev Rai learned counsel for the applicant and Sri Arvind Kumar learned Addi...
Courts do not have the right to change the name of their respective court – Allahabad High Court
Courts do not have the right to change the name of their respective court – Allahabad High Court While squashing the plea to rename the Court as Prayagraj High Court or Uttar Pradesh High Court held that in a constitutional democracy, all organs of the State, i.e. executive, legislature and judiciary, are required to a...
Court No. 1 Case : P.I.L. CIVIL No. 141720 Petitioner : Asok PandeTehsildar 2) Assistant or Extra Assistant Commissioner Deputy Commissioner or Civil Judge of LucknowCommissioner andOrder 1950of Government of India Act 1915 1919 the name of ‘High Court for the North Western Provinces’ was changedto “High Court of Judic...
Ocular evidence is considered the best evidence unless there are reasons to doubt it: The Supreme Court of India
It is only in a case where there is a gross contradiction between medical evidence and oral evidence, and the medical evidence makes the ocular testimony improbable and rules out all possibility of ocular evidence being true, the ocular evidence may be disbelieved. The Aforesaid has been established by the SC in the ca...
conviction of respondents 1 to 4 under Sections 302 34 120B of the Indian Penal Code sentencing them to life imprisonment and fifteen days imprisonment under Section The deceased was assaulted on 01.10.2003 at 2:30 am was the pillion rider. The respondents are said to have assaulted with iron pipe steel rod and stick c...
The Court cannot sit as an Appellate Authority and scrutinize as to whom the tender should be given- Madras High Court
They had every right to participate in the auction. None of the members of the Association participated in the auction. They cannot question the procedure adopted. These were stated by the bench of Honourable Justice C. V. Karthikeyan in the case of P. Subbiah @ Subbian vs. The District Collector & Ors. (W.P.(MD)No...
W.P.(MD)No.203221BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTRESERVED ON : 20.12.2021PRONOUNCED ON : 12.01.2022CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYANW.P.(MD)No.203221andW.M.P.(MD)Nos.16977 and 169721P.Subbiah @ SubbianPresident Pappaaianpatti Kanmoi Water Users Association Theni District.... Petitionervs.1.Th...
A magistrate can before taking cognizance of an offense under section 190(1)(a), direct Police investigation under section 156(3): Delhi High Court
The issue was with respect to taking cognizance of an offense by the Magistrate when FIR is not registered by the police. This was clarified in the case of SH. Narendra Babu Gautam v. The State and Another, decided on December 6th, 2021 by Hon’ble Mr. Justice Manoj Kumar Ohri. The facts of the case are that the marriag...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 06.12.2021 CRL.M.C. 3147 2021 CRL.M.A. 19489 2021 & CRL.M.A. IN THE MATTER OF: SH. NARENDRA BABU GAUTAM ..... Petitioner Through: Mr. Harish Chand Sharma Advocate. THE STATE & ANR. ..... Respondents Through: Ms. Neelam Sharma APP for State. HON BLE MR. JUSTICE...
While considering an application under Section 7 of the IBC, only the financial debt being defaulted should be the criteria: NCLT, New Delhi
When deciding whether an application under  section 7 of the insolvency and bankruptcy code must be allowed, reliance must be placed only and only on the financial debt being defaulted and not the reason behind the default or the factors that led to the default. This was held by the tribunal bench comprising of Hon’ble...
P a g e | 1 IN THE NATIONAL COMPANY LAW TRIBUNAL NEW DELHICompany Petition No. IB 901 ND 2020 Under Section 7 of the Insolvency and Bankruptcy Code 2016 Read with Rule 6 of the Insolvency and BankruptcyRules 2016] IN THE MATTER OF: MR. SURAJ KUMAR KAUSHAL & ORS. …APPLICANTS FINANCIAL CREDITORS M S SARVOTTAM REALCON PVT...
Big-vehicle drivers are not always responsible for Motor Accidents: Madras High Court
Fixing the driver of the big vehicle as a tortfeasor is imprecise. It must not be assumed that always the big-vehicle drivers are responsible for the road accidents and thus be held liable for the same. Madurai bench of Madras High Court gave the judgment in the case of The Branch Manager of Tamil Nadu State Transport ...
C.M.A(MD)No.3516BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTReserved on : 11.12.2020Pronounced On : 04.02.2021 CORAMTHE HONOURABLE MR.JUSTICE K.MURALI SHANKARC.M.A(MD)No.3516andC.M.P.(MD)No.51016The Branch Manager Tamil Nadu State Transport Corporation Pillaithanneerpandal Thirumayam Road Pudukkottai. ... Appellant Re...
The scheme for regularization by the government must be for validating certain irregular appointments and cannot be used to validate illegal appointments: The Hon’ble High Court of Jammu & Kashmir and Ladakh
The decision of the Supreme Court in State of Jammu and Kashmir and others v. District Bar Association, Bandipora that the scheme for regularization framed by the government must be for validating certain irregular appointments and cannot be used to validate illegal appointments and that the court cannot issue directio...
Sr. No. 5 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Reserved on: 11.11.2021. Pronounced on:17.11.2021. Case: LPA No. 219 State of Jammu and Kashmir and others .....AppellantThrough : Sh. Adarsh Bhagat GA. Abdul Majid and others Through : Sh. Ajay Abrol Advocate. Sh. Anirudh Sharma Advocate vice Sh. Rah...
A.Venkatesan V/S State Information Commissioner & Ors
“One of the first principles of law with regard to the effect of an enabling act is that a legislature enables something to be done, it gives power at the same time by necessary implication to do everything which is indispensable for the purpose of carrying out the purpose in view.” New India Assurance Co., Ltd., had r...
W.P. No. 102319IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON: 30.08.2019PRONOUNCED ON: 01.06.2020CORAMTHE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALUW.P. No. 102319A. Venkatesan ... Petitioner vs 1. The State Information Commissioner Tamil Nadu Information Commission No. 2 Sir Thiyagarayar Road Eldams Road Junction...
Protection of life and liberty for all is mandatory under the law: High court of Rajasthan
Protection of life and liberty is a fundamental right under article 21 and available to all, therefore it is the duty of the state to protect the same. This judgment and final order were pronounced by the high court of Rajasthan, bench at Jaipur, S.B. criminal miscellaneous (petition) No. 3226/2021, Bhupendra Singh and...
on 03 07 2021 at 11:28:01 AM HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPURS.B. Criminal MiscellaneousNo. 3226 20211. Bhupendra Singh Gurjar S o Shri Ramprakash Gurjar Aged About 21 Years R o Balakhera Police Station NadotiTehsil Nadoti District KarauliPetitionersVersus1. State Of Rajasthan Through Pp2. Direct...
Complaints of heinous and serious offences cannot be quashed even though the victim or the family of the victim have settled the dispute with the accused: Bombay High Court
The outcome of cases in which there is an involvement of any grave offence and wherein, the case is of such nature that it will have an impact upon the society, then it cannot be disposed of or allowed on the basis of amicable settlement between the victim/ victim’s family and the accused. The judgement was passed by J...
on 10 06 2021 on 11 06 1 23WP 4330 19 & 1476 2021.docTHE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTIONCRIMINAL WRIT PETITION NO. 4330 OF 2019Rishi Prabha Ranjitkumar PrasadAdult Indian Inhabitant residing atHarikunj Society Building No. 2 C Wingh Flat No. 705 7th Floor Chembur Mumbai....PETITIONER...
Writs for enforcement of rights under Article 32 and 226 cannot be done so after an unreasonable delay in filing the petition: Delhi High Court
In light of matter pivoting grounds of promotion, payment of residue wages in regard to a prospective promotion shall not be filed after an unreasonable delay. The Delhi High Court bench comprising of Manmohan J. and Asha Menon J. opined in the matter of Anupam Kumar v Director-General, Border Security Force & Anr....
Suppl. 20 W.P.4438 2021 & C.M.No.13544 2021 IN THE HIGH COURT OF DELHI AT NEW DELHI ANUPAM KUMAR Mr.Manish Gupta Advocate. .....Petitioner DIRECTOR GENERAL BORDER SECURITY FORCE & ANR Through: Ms.Divyya Kapur Advocate. Mr. Ruchir Mishra Advocate with Mr. Gunjan Jaura Mr. Mukesh Kumar Tiwari and Mr. Arman Pratap Singh A...
The only object of keeping the accused person in detention during the trial is to secure the attendance of the accused: High Court of Uttarakhand.
Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment, but to secure the attendance of the accused. A single Judge Bench comprising Hon’ble Justice Alo...
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA FIRST BAIL APPLICATION NO. 1420 24nd JULY 2021 …Applicant Between: Ajay and State of Uttarakhand. …Respondent Counsel for the Applicant : Mr. Mani Kumar. Counsel for the Respondent : Mr. Dinesh Chauhan learned Brief Holder for the Sta...
Jurisdiction of an Arbitral Tribunal will be decided by the tribunal itself : Delhi High Court
Section 16 of the Arbitration and Conciliation Act, 1996 empowers the arbitral tribunal to rule on its own jurisdiction. The High Court bench consisting of J. Vibhu Bakhru explained upon the doctrine of Kompetenz – Kompetenz arbitrations in the case of Medisprouts India Pvt. Limited CIN v. M/s Silver Maple healthcare S...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 08th January 2021 O.M.P.(COMM.) 88 2020 MEDISPROUTS INDIA PVT LIMITED CIN U93020KL2012PTC030297 A COMPANY REGISTERED UNDER THE COMPANIES ACT & ORS. Through Mr Shinu J. Pillai Advocate. ..... Petitioners M S SILVER MAPLE HEALTHCARE SERVICESLTD CIN U85100DL2010PT...
SC directs Airlines to refund money if credit shell not used
In the case of Pravasi Legal Cell & Ors. Vs Union of India & Ors. [DIARY NO.10966/2020], Supreme Court directed all the airlines to refund the whole ticket amount to the passengers. Various petitions have been filed in the nature of public interest litigation under Article 32 of the Constitution of India, seeki...
W.P.(C)D.No.109620 etc Background facts and relief sought for in this batch of The pandemic situation of COVID­19 has adversely W.P.(C)D.No.109620 etc of all domestic and international flights was imposed. The flights. There was an issue of refund of air fare during the lockdown period when domestic and international f...
Appellant has 8 queries regarding Karvy’s closure cum transfer application: SEBI, Part 3.
In response to query number 5, the respondent informed that if any action is taken by SEBI, the same would be available in the public domain, on the SEBI website. The respondent also provided the link to access the SEBI website for updated information from time to time. It is understood that SEBI conducts examinations/...
Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Ashok Kumar Agarwala CPIO SEBI Mumbai The appellant had filed an application dated May 25 2021under the Right to Information Act 2005 held that “The Commission observes that t...
Compensation to be awarded under non-pecuniary heads like ‘pain and suffering’, ‘deprivation of pleasures of life’ and ‘loss of marriage prospects : Jammu and Kashmir High Court
Compensation awarded by a Tribunal in favour of the injured under other non-pecuniary heads is also wholly justified when the injured with the kind of disability which he has suffered, will certainly not be able to live a normal life and he will certainly be dependent on others for routine functioning like putting on c...
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Reserved on: 17.06.2020 Pronounced on:30.06.2020 CMAM No. 111 2010 IA No. 01 2010National Insurance Company Ltd. Through : Mr. J.A. Kawoosa Advocate. on Video Conferencing from Srinagar) Bilal Ahmad Mir and others. Through : Mr. B.S. Bali Advocate. on Video Conferencing from ...
Shreyasen & Anr. V/s. Union of India & Ors.
  Income Tax Law – For the duration of the exemption period there shall be no insistence for Aadhar and Pan linkage for filing Income tax returns.   [Case Brief] Shreyasen & Anr. V/s. Union of India &Ors.   Case name: Shreyasen & Anr. Vs. Union of India &Ors Case number: 2018 DHC 1023,(2018) 407 ITR 37 ...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 24 2018 W.P.(C) 7444 2018 C.M. APPL. No. 28499 2018 SHREYASEN & ANR. Petitioner UNION OF INDIA & ORS. Through: Ms. Tripti Poddar Advocate Through: Ms. Amrita Prakash CGSC with Mr. Respondent Harishankar Sharma Advocate for respondent No.1 Mr. Ruchir Bhatia Sen...
Change of Educational stream stands rejected- Karnataka HC
In present India, academic, education, career, and profession had always a dominant factor in the minds of young scholars and academicians. Students often stay bewildered regarding their educational course or subject even after choosing one. Therefore the Karnataka High Court in the case of Mr.Arnav Singh v. Organizing...
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Impugned judgements are perverse and suffer from material irregularity: High Court of Jharkhand
This Court is of the considered view that it is for the prosecution to prove the seizure. Such an opinion was held by The Hon’ble High Court of Jharkhand before The Hon’ble Mrs. Justice Anubha Rawat Choudhary in the matter of Bhushan Mahto S/o Arjun Mahto and Anr Vs. The State of Jharkhand [Cr. Rev. No. 979 of 2012].  ...
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 9712 1. Bhushan Mahto S o Arjun Mahto 2. Santosh Rajwar S o Late Raghunath Rajwar Both resident of Korambey P.O. & P.S. Gola District The State of Jharkhand … … Opposite Party … … CORAM :HON BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY Mr. Rahul Dev Advocate Mr. Bishwamb...
The provisions of the POSH Act squarely apply to students of a school: Calcutta High Court
The provisions of POSH Act are also applicable to girls students of a school and they will be protected by all of its provisions, following was observed by the division bench of Calcutta High Court comprising of Justice Harish Tandom and Justice Rabindranath Samanta upon relying of the definition as per section 2(a) of...
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE THE HON’BLE JUSTICE HARISH TANDON THE HON’BLE JUSTICE RABINDRANATH SAMANTA WP.CT 86 OF 2021 Pawan Kumar Niroula Union of India and others. _ _ _ _ _ _ ….. for the Petitioner. ….. for the Respondent No.1. ….. for the Respondent Nos. 2 to 6. Mr.Sum...
Bail granted in case of murder by means of witchcraft due to lack of proper evidences: High Court of Jharkhand
In the present case, an appeal is preferred against the order of conviction and sentence dated 27.07.2015 whereunder the appellants have been convicted for the offences punishable under Sections 302/34 and 201/34 of I.P.C. and have been sentenced to undergo S.I. for life and a fine of Rs. 10,000/- for the offence under...
Criminal AppealNo. 10115 Against the judgment and order of conviction and sentence dated 27.07.2015 by the learned Sessions Judge Lohardaga in Sessions Trial No. 413. 1.Arti @ Aarti @ Sukar Kumari 2.Jama @ Sushil Munda 3.Birsa Munda @ Runka Munda 4.Boda Munda @ Suman Munda … … Appellants The State of Jharkhand For the ...
Right to arbitration will not be rejected unless a concluded settlement is placed before the court: Supreme Court of India
The arbitration clause cannot be invoked in view of the settlement ending in the resolution of the dispute unless there is material brought on record to indicate the nature of settlement entered into between the parties. This auspicious judgment was passed by the Supreme Court of India in the matter of V. SREENIVASA RE...
2. The appellant is before this Court assailing the order dated 31.12.2018 passed by the High Court of Judicature at Hyderabad in Arbitration Application No.52 2016 filed under Section 11(5) and of the Arbitration and Conciliation Act 1996 of the Act 1996 in CMP No.228 2015 was filed. When the said petition was listed ...
Does the Adjudicating Authority or Resolution Professional enjoy any latitude in according preferential treatment to any creditor during ongoing CIRP : NCLAT
During CIRP if the Resolution Professional finds that any preferential transaction is made, then he is at liberty to file an Application under Section 43 of the I&B Code. At this stage, no adverse interference can be made. The order passed by the NCLAT New Delhi, in its decision in Phoenix ARC Private Limited v. Ko...
NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Company AppealInsolvency No. 7420 IN THE MATTER OF: Phoenix ARC Private Limited Trustee of Phoenix Trust FY 16 18 Kotak Mahindra Prime Limited & Anr For Appellant For Respondent None Smriti Churiwal Advocates. O R D E R Through Virtual Mode) Mr Vikram Wadehra Ms Vidushi...
Writ petition is not the appropriate remedy when it needs evidence and trial/enquiry: High Court of Jammu and Kashmir at Jammu
The Hon’ble judge, Mr. Justice Sanjeev Kumar decreed, “It is trite that where complicated disputed questions of fact are involved, the determination whereof requires evidence to be led before the prescribed Statutory Authority, it is not prudent to exercise extraordinary jurisdiction. The allegations of misrepresentati...
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU THROUGH VIRTUAL MODE) Reserved on: 01.06.2021 Pronounced on: 16.06.2021 WP(C) No.1100 2021 CM No.4498 2021 DR. SURESH SHARMA Through: Mr. Abhinav Sharma Sr. Adv. with Mr. Abhimanyu Sharma Advocate. UNION TERRITORY OF J&K & ORS. Through: Mr. H. A. Siddiqui Sr. AAG for R1 &...