Title stringlengths 23 265 | Summary stringlengths 739 25k | Case stringlengths 1.79k 52k |
|---|---|---|
The effect of non-recovery of the weapon cannot be a reason for not framing charges under Section 397 IPC: Delhi High Court | The fact that the weapon has not been recovered is no ground for not framing charges under Section 397 IPC. The effect of non-recovery of the weapon would be seen only in trial and that cannot be a reason for not framing charges under Section 397 IPC as held by the High Court of Delhi through the learned bench led by J... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08th November 2021 IN THE MATTER OF: CRL.REV.P. 108 2021 ..... Petitioner Through: Ms. Meenakshi Chauhan APP for the State with SI Surendar Singh PS South Campus. ..... Respondent HASSAN AHMED HON BLE MR. JUSTICE SUBRAMONIUM PRASAD Through: Ms. Rakhi Dubey with ... |
The petitioners Should get an Opportunity to Urge their Contentions and the Court is Duty Bound to heard the Matter: High Court of Kerala. | The petitioners should get an opportunity to urge their contentions based on the additional documents produced and the matter to be heard by the respective court. The honorable judgement was passed by High Court of Kerala in the case of M. Shahudeen and Samuelkutty v. Kerala Vyapari Vyavasai Ekopana Samithi [OP(C). No ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR FRIDAY THE 26TH DAY OF MARCH 2021 5TH CHAITHRA 1943 OP(C).No.383 OF 2020 AGAINST THE ORDER DATED 29 10 2019 IN C.M.A.NO.25 2019 OF SUB COURT KOTTARAKKARA AGAINST THE ORDER IN I.A.NO.1597 2019 IN O.S. NO.331 2019 OF MUNSIFF COURT KOTTARAKKA... |
Timely administration of Covid test result is covered under Article 21 of the Indian Constitution: Karnataka High Court | Right to health is an integral part of Right to life under Article 21 of the Indian Constitution. Therefore, providing timely Covid test results is a necessity to prevent deterioration of health of Covid patients. A Division Bench comprising of Chief Justice Abhay Oka and Justice Aravind Kumar while adjudicating the ma... | 1 CJ & AKJ: Through Video Conferencing) and connected matters The Registry has brought to our notice that one of the staff members of the High Court Sri S.V.Muniraju aged 45 years died yesterday in the night. We are taking on record a printout of the test report. It shows that on 10th May 2021 at 11.06.53 hours his sw... |
The plea of husband that he does not possess any source of income ipso facto does not absolve him of his duty to maintain his wife: High Court of Delhi | The test for determination of maintenance in matrimonial disputes depends upon the financial status of the Respondent and the standard of living that the applicant was accustomed to in her matrimonial home. The maintenance amount awarded must be reasonable and realistic. The plea of the husband that he does not possess... | IN THE HIGH COURT OF DELHI AT NEW DELHI IN THE MATTER OF: Date of decision: 08th FEBRUARY 2022 CRL.M.C. 2385 2021 & CRL.M.As. 15783 2021 & 18164 2021 JAGMIT SINGH ..... Petitioner Through Mr. Mandeep Singh Vinaik Mr. Anjali Sharam Mr. Deepak Bashto Ms. Simmi Bhamrah Ms. Geetika Vyas Ms. Ragini Vinaik Ms.Vandini Dagar a... |
A written application supported by an affidavit is a must for seeking condonation of delay: Delhi High Court | When a written statement is filed after 30 days of service of summons but before the expiry of further 90 days, the filing of the written statement must be accompanied with a written application setting out the reasons for the delay to allow the court to consider the reasons so given, to condone delay and receive the b... | CM346 2020 IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 16th July 2021 Pronounced on: 17th August 2021 + CM346 2020 CM APPL.10013 2020M S OK PLAY INDIA PVT LTD ..... Petitioner Through: Mr. Anirudh Wadhwa and Mr. Vipul Kumar Advocates versus M S A P DISTRIBUTORS & ANR .....Respondents Through: None CORAM: HON... |
Assessing officer cannot ignore the mandate of Rule 28AA: Delhi High court | Writ petition, challenging the Certificate dated 30th June, 2020 issued by respondent No.1 under Section 197(1) of the Income Tax Act refusing to grant a certificate of deduction of tax at source at NIL rate, on payments to the petitioner company by its customers, was filed in case of Camions logistics solutions privat... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.8524 2020 & CM APPL.27471 2020 CAMIONS LOGISTICS SOLUTIONS PRIVATE LIMITED ..... Petitioner Through: Mr. V.N. Jha Advocate. versus JOINT COMMISSIONER OF INCOME TAX OSD TDS CIRCLE 73 1 NEW DELHI & ANR. ...... Respondents Through: Ms. Adeeba Mujahid Advocate for Ms. Lakshmi Gu... |
No person in the eyes of law can escape from rigorous imprisonment after violating Section 392 IPC: New Delhi High Court. | The default was suppose to undergo simple Imprisonment for a period of one month, this was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE MANOJ KUMAR OHRI , in the matter SONU V. THE STATE (GOVT. OF NCT), Delhi . Dealt with the issue of robbery and uses any deadly weapon, or cause... | 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... |
The Court is constrained to hold that the petitioners are not found entitled to any order from the Court for regularisation of their respective services: Gauhati High Court | The implications of the appointment being temporary, casual, or contractual, and the fact that such a person cannot rely on the notion of legitimate expectation to be confirmed in the position when an appointment to the job could only be made after a thorough selection method. The Court is compelled to rule that the pe... | Page No.# 1 12 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 956 2016 RAJKUMAR KACHARI and 2 ORS S O LT. HARESWAR KACHARI R O HENGRABARI NABANAGAR P.O. HENGRABARI P.S. DISPUR DIST. KAMRUP M ASSAM 2: SRI BIREN RABHA S O LT. TULSI RAM RABHA R O JAPORIGOGH KRISHNANAGA... |
State does not fall within the definition of “person under erroneous belief” as per section 401(5) Cr.P.C: High Court of Delhi | Section 401(5) Cr.P.C provides that when an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the H... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01st JUNE 2021 CRL.REV.P. 12 2018 & CRL.M.A. 174 2018STATE GNCT DELHI Petitioner Through Ms. Meenakshi Chauhan APP YOGESH KOCHAR @ BABLOO Respondent Through Mr. Abhishek Kumar Advocate HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PRASAD J. The present peti... |
Disciplinary authority is required to finish the investigation proceedings in a timely manner: Patna High Court | The disciplinary authority is required to finish the investigation proceedings and the appointing authority is directed to investigate whether Peon services could be drafted to Corporation and if it is not legal, the appropriate order should be issued and conveyed is upheld by the High Court of Patna through the learne... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.104220 Virendra Kumar Son of Late Nand Ram resident of Mohalla Subhash Nagar Khemnichak P.O. Jaganpura P.S. Ram Krishna Nagar District Patna 27 ... Petitioner s The State of Bihar through the Engineer in Chief cum Special Secretary Public Health E... |
Union of India v/s BESCO Ltd | “The Chief Justice or the designated Judge under Section 11(6) of the Arbitration Act is free to nominate any qualified person as arbitrator and that the Chief Justice or the designated Judge is not bound to nominate the arbitrator as specified in the agreement” ISSUE AND PROCEDURAL HISTORY:The short question arising f... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4483 OF 2017 Arising out of S.L.P.(C) No. 178314 UNION OF INDIA APPELLANTNO. 26614 OF 2014 JUDGMENT KURIAN J CIVIL APPEAL NO. 4483 OF 2017 Arising out of S.L.P.(C) No. 178314 Leave granted. The short question arising for consideration in this case is whether the Chie... |
Once the work has been executed by the petitioner to the satisfaction of respondents, it is not open to the respondents to withhold the payment: The High Court of Jammu & Kashmir and Ladakh | If the respondents were short of funds, they should not have gone ahead with the allotment of work and withheld the payment of the petitioner. The inaction on the part of respondents has definitely caused a lot of harassment and inconvenience to the petitioner. Such an attitude on the part of Government functionaries c... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 28.10.2021 Pronounced on: 10.11.2020 WP(C) No.1754 2021 CM No.5840 2021 M S AL QAIMOON CONSTRUCTIONS ...PETITIONER(S) Through: Mr. M. A. Beigh Advocate. COMMR SECRETARY & ORS. Through: Mr. Irfan Andleeb Dy. AG. CORAM: HON’BLE MR. JUSTICE SANJAY DH... |
The District Council Courts are conferred with powers and jurisdiction to try suits and cases between members of the Scheduled Tribes : High Court of Meghalaya | The learned Judge District Council Court, GHADC had dismissed the application for probate of the said Will, mainly on the ground that the court lacked legal jurisdiction. Such an opinion was held by The Hon’ble High Court of Meghalaya before The Hon’ble Mr. Justice W. Diengdoh in the matter of Smti. Clarinda Momin Vs. ... | Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MAC App. No. 21 Date of Decision: 10.11.2021 New India Assurance Co. Ltd Vs. Smti Khein Kharsati represented by Smti. Shandra Kharsati & 2 Ors. Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) For the Respondent(s) i) Whether approved f... |
Applying the aforesaid dictum of Hon’ble Supreme Court to the case is hand, the present petition is allowed: High Court of Delhi | Ms. Anita Sahni, Advocate has been appointed sole Arbitrator in these petitions to adjudicate the dispute between the Parminder Jit kaur and others versus Splendor Buildwel Pvt. Ltd. & Anr. By Hon’ble Mr. Justice Suresh Kumar Kait [ARB.P. 841/2021, ARB.P. 842/2021, ARB.P. 843/2021]. The present petitioner have been... | 4 to 6 ii) + iii) + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.09.2021 ARB.P. 841 2021 PARMINDER JIT KAUR ARB.P. 842 2021 PARMINDER JIT KAUR & ANR. ARB.P. 843 2021 PARMINDER JIT KAUR Petitioner(s) Through: Mr. Siddharth Asthana and Mr. Siddhant Nath Advocates SPLENDOR BUILDWELL PVT.LTD. & ANR. Through... |
Writ petition, concerning right and title of Chiefship dispute between two tribal communities allowed: The High Court of Manipur | It is mandatory to inform the original owner regarding the order stay to transfer the ownership of a particular village to another person. Such chiefship disputes involve a big question of fact and should be perused with extra detail before passing an order in favor of any of the parties. The aforesaid was followed by ... | IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) NO.7210 Mr. Shri Lungkhothang Singson aged about 70 years s o Late Siakpu Singson Chief of Lungthulien Village Tipaimukh Sub Division P.O. & P.S. Tipaimukh District Churachandpur Manipur. . Petitioner Versus 1. The State of Manipur represented by the Chief Secretary Governme... |
The philosophy of sentencing is undergoing change and should not be confined to deterrence: High court of Sikkim | 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 division bench judge HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE, THE HON’BLE MR.... | THE HIGH COURT OF SIKKIM : GANGTOK Criminal Appeal Jurisdiction) DATED : 10th December 2021 DIVISION BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE Crl.A. No.021 Appellant Hem Kumar Chettri versus Respondent State of Sikkim Appeal under Section 374(2) of the... |
No mala fide can be attributable to the doctors constituting the Medical Boards, the opinion formed by them to be preferred to the opinion of private or government doctors: Delhi High Court | The petitioner having accepted the eligibility criteria condition and participated in the selection process cannot now cry “foul” only because he has failed to meet the prescribed medical standards. This was said in the case of Si Gd Pradeep V Union Of India & Ors [W.P.(C) 292/2021] by Mr. Justice Manmohan and Ms.... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25th March 2021 Pronounced on: 20th April 2021 W.P.(C) 292 2021 SI GD PRADEEP Through: Mr.N.L.Bareja Advocate Petitioner UNION OF INDIA & ORS. Respondents Through: Mr.Shashank Bajpai Sr.Panel Counsel for UOI HON BLE MR. JUSTICE MANMOHAN HON BLE MS. JUSTICE ASHA MENON... |
If the advance payment check is dishonoured, criminal responsibility under Section 138 shall not arise: Jharkhand High Court | Payment by check in the form of an advance payment has been stated, that there was no outstanding liability at the time the check was drawn. As a result, no case under section 138 of the Act may be brought under the Negotiable Instruments Act, 1881. The judgment was passed by the High Court of Jharkhand in the case of ... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1512 Rang Lal Ram son of Late Jitan Ram resident of Industrial Area Balidih P.O. Balidih P.S. Marafari District Bokaro 1. The State of Jharkhand 2. Balmiki Choudhary son of Late Indradeo Choudhary resident of Azad Nagar P.O. Shivandih P.S. Marafari District Boka... |
Parties are bound by the decision which is not challenged and is in force as on date: High Court of Jammu and Kashmir and Ladakh | Parties are bound by the decision which is not challenged and is in force as on date, therefore, there is no scope as far as quashment of appointment of respondent is concerned on whatsoever grounds unless the trial court decides the issue regarding the factum of residence of respondent which the petitioner believes to... | SWP 296 2018 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP no. 296 2018 CM no. 854 2020 Reserved on: 20.09.2021 Pronounced on: 23.09.2021 Waheeda Yaseen Khan …PetitionerThrough: Mr Aijaz Ahmad Chesti Advocate v. State of JK and others …Respondents Through: Mr Shah Aamir AAG Mr M. I. Qadiri Sr. Advocate with Mr Ahmad... |
“Appellant Authority found that the respondent is not obliged to provide information where the query is vague and not specific.”: SEBI, Part 2. | Further, information was provided regarding approval of adjudication proceedings in the matter of Varun Global Ltd. the appellant was informed that any further regulatory action, if taken by SEBI in the said matter, will be published on the SEBI website. Additionally, the respondent also stated that the above status ha... | Appeal No. 43721 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43721 Prerit Misra CPIO SEBI Mumbai The appellant had filed an application dated June 19 2021under the Right to Information Act 2005from December 2015 to date. The appellant also sp... |
Petitioner released on bail after being arrested under Sections 354-A, 504, 337, 506/34 IPC and 8 of the POCSO Act, 2012: High court of Patna | The petitioner was arrested under Section 354-A Indian penal code, “punishment for sexual harassment” section 504, “Intentional insult with intent to provoke breach of the peace” section 337, “Causing hurt by act endangering life or personal safety of others” section 506, “Punishment for criminal intimidation” Section ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.377520 Arising Out of PS. Case No. 90 Year 2020 Thana GOVINDPUR District Nawada Nitish Kumar aged about 20 years son of Yogeshwar Ravidas resident of Village Ambedkar Nagar Kunda P.S. Govindpur District ... Petitioner s The State of Bihar For the Petiti... |
Plea for conducting Home-Based Exam for CLAT 2020 Rejected by Delhi High Court | The Hon’ble High Court of Delhi in V Govinda Ramanan Vs Consortium of National Law Universities & Anr. [W.P.(C) 4848/2020] dismissed a petition for conducting CLAT in Home based exam format. Background – The petitioner is an LLM aspirant who has approached the High Court for a change in the mode of CLAT examinatio... | IN THE HIGH COURT OF DELHI AT NEW DELHI V GOVINDA RAMANAN Through Mr.Yudhvir Singh Chauhan petitioner in person CONSORTIUM OF NATIONAL LAW UNIVERSITIES & ANR Through Mr.Dayan Krishnan Sr.Adv. with Mr.Vinayak Mehrotra Adv. for R 1 Mr.Ajay Digpaul Mr.Himanshu Pathak and Mr.Kamal R.Digpaul Advs. for R 2 HON BLE MR. JUSTIC... |
High courts are empowered to issue orders to any person or authority, including the government: High Court Of New Delhi | Petitioner filed a suit for recovery of Rs.1190000/- by filing a written statement and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE AMIT BANSAL, in the matter VANEETA KHANNA & ORS. V. VIKRAM SEHGAL [CM(M) 520/2021], dealt with an issue mentioned above. The ... | IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 520 2021 Reserved on : 17th September 2021 Decided on : 07th October 2021 VANEETA KHANNA & ORS. ..... Petitioners Petitioner No.1 in person ..... Respondent VIKRAM SEHGAL In person HON BLE MR. JUSTICE AMIT BANSAL The present petition under Article 226 of the Constitution o... |
Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure: High Court of Uttarakhand. | The High Court, in the exercise of its inherent power, can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973. A single Judge Bench comprising Hon’ble Justice R.C. Khulbe, in the matter of Tushar Prajapa... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. ApplicationNo.10521 With Compounding ApplicationTushar Prajapati ….. Applicant State of Uttarakhand and another ….Respondents Mr. Bhuwan Bhatt learned counsel for the applicant. Mrs. Manisha Rana Singh learned AGA for the State. Mr. Hemant Pant learned counsel... |
Real Estate an Appropriate Forum for Khasra Numbers and Mesne Profit: High Court of Shimla | The RSA was the appropriate forum, for determining the factum, of, legality or illegality of assumption of possession, upon, writ khasra numbers, and for determining whether during pendency thereof either status quo was to be maintained or whether possession subject, to, payment of mesne profit, was to be delivered. Th... | Hig h C o urt of H.P on 17 03 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLALPA No. 1315.Reserved on: 4 th March 2021.Decided on : 10 th March 2021.Jagdish Ram & Ors....Petitioners. VersusState of H.P. & Ors. ....Respondents.Coram:The Hon’ble Mr. Justice Sureshwar Thakur Judge.The Hon ble Mr. Justice Sandeep Sharma... |
Exemptions from Sales Tax valid pertaining to uniform policy of the state: Cuttack High Court | The order of the Assistant Commissioner of Sales Tax party allowing sales tax appeal filed by the Assessee which in turn challenged the assessment order passed by the Sales Tax officer held in Justice B.P.Routray in the matters of Akbari Continental Pvt. Ltd v. the State of Odisha. [STREV No. 20 of 2007]. Background of... | IN THE HIGH COURT OF ORISSA AT CUTTACK STREV No.207 Akbari Continental Pvt. Ltd. Mr. Jagabandhu Sahoo Sr. Advocate versus State of Odisha Opp. Party Mr. S.S. Padhy ASCCuttack in S.A. 350 of 1999 2000 and S.A. No.3599 2000. 2. The aforementioned appeals one by the Petitioner Assessee S.A. No.350 of 1999 2000) and anothe... |
No DNA Test unless dispute regarding birth or school records:Tripura High Court | The issue as to whether the DNA Test can be allowed in case which involves demand for direction from the court to permit DNA Test of the first respondent for the purpose of determining parentage of the person to prove the allegation of the petitioners that the respondent is not the biological son of the deceased father... | HIGH COURT OF TRIPURA CRP 120 1. Shri Nirmal Ch Ghosh S O. Late Ganesh Ghosh Village Ganki P.O. Ganki. Khowai District Khowai Tripura. 2. Shri Bimal Ghosh S O. Late Ganesh Ghosh Village Ganki P.O. Ganki. Khowai District Khowai Tripura. 3. Smt. Sucharu Bala Ghosh W O Shri Badal Ghosh Village Ganki P.O. Ganki Khowai Dist... |
Unless the matter of transfer is capital assets, there cannot be any demand under Chapter IV of the Income Tax Act: High Court of Karnataka | Chapter IV of the Income Tax Act deals with all forms of income that does not form a part of the total income. For this reason unless the matter of transfer is capital assets, no demand can be made under this chapter of this Act. This was held in the judgement passed by a bench of the High Court of Karnataka consisting... | : 1 : IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2021 THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR WRIT APPEAL No.1078 2018S o late Madappa Aged about 50 years. 2. S.Jeevan. 3. S.Pavan. Aged about 11 and 9 years S o late SiddarajuRep. by their N... |
Grant of Permanent Commission is not an entitlement : Delhi High Court | The non-filing of an application before the AFT, could best be a procedural irregularity. The High Court bench consisting of J. Prathiba M Singh and J. Subramonium Prasad decided upon the matter of CDR Ravindra Pal Singh & Ors v. Union of India & Ors. [W.P. (C) 11230/2020], dismissed three writ petitions seeki... | 9 10 11 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th December 2020 W.P.(C) 11230 2020 CDR RAVINDRA PAL SINGH UNION OF INDIA AND ORS. Through: Mr. Jaideep Singh Advocate Petitioner Through: Mr. Harish Vaidyanathaan Shankar Respondents Advocate W.P.(C) 11231 2020 CDR AMIT KHAJURIA UNION OF INDIA AND OR... |
Bhikaji Narain and Ors. Vs. The State of Madhya Pradesh and Anr | Article 13(1) had the effect of nullifying or rendering the existing law which had become inconsistent with Article 19(1)(g) read with clause (6) as it then stood ineffectual, nugatory and devoid of any legal force or binding effect only with respect to the exercise of the fundamental right on and after the date of the... | BHIKAJI NARAIN DHAKRAS AND OTHERS Vs THE STATE OF MADHYA PRADESH AND ANOTHER DATE OF JUDGMENT DAS SUDHI RANJAN DAS SUDHI RANJAN BHAGWATI NATWARLAL H AIYYAR T.L. VENKATARAMA IMAM SYED JAFFER AIYAR N. CHANDRASEKHARA 1955 AIR 781 1955 SCR 589 Fundamental Rights Infrigement of Law void for inconsistency ’Void’ Meaning of ... |
The quality and worthiness of statement of prosecutrix should be tested during trial: High Court of Delhi | Where there appear to be material contradictions in the statement of prosecutrix under Section 161 Cr.P.C. and different versions of prosecutrix are forthcoming. Further, where there are other materials placed on record like MLC, call detail record and in the peculiar facts and circumstances of the present case, this C... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 21.05.2021 Pronounced on: 27.05.2021 BAIL APPLN. 1528 2021 ARUN Through: Mr. Amit Gupta Advocate .....Petitioner THE STATE GNCT OF DELHI .....Respondent Through: Mr. G.M Farooqui Additional Public Prosecutor for State & SI Khushbu with victim complainantHON BLE MR. J... |
A petitioner must adhere to the provisions contained in the Statute and must take the consequences on the failure to abide by the stipulation contained therein: Bombay High Court | A petitioner must adhere to the provisions contained in the Statute and take the consequences on the failure to abide by the stipulation contained therein, this has been observed in the recent matter of Fakira Devram Sansare v. The Collector & Ors. [Writ Petition No.14824 OF 2021], listed Bombay High Court, Bench a... | on 08 02 2022 on 09 02 14824.21wp SACHIN(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABADWRIT PETITION NO.14824 OF 2021 Fakira S o Devram Sansare Age: 50 years Occu: Agril and Social worker R o. Kanadgaon Tq. Rahuri Dist. Ahmednagar ….PETITIONERVERSUS1. The Collector Ahmednagar Dist. Ahmednagar2.The Ta... |
This act of college amounts to playing fraud both upon the students as well as upon the University concerned: Allahabad High Court | The Colleges collect the fees from the students for the entire year including the examination fee which is to be deposited with the universities in due time by the colleges, but such is not done and the colleges instead deposit the said amount in their own account. This act amounts to playing fraud both upon the studen... | Court No. 8 Case : MISC. SINGLE No. 142521 Petitioner : Ram Avatar Kalyani Devi Kanya Mahavidyalay Thru Respondent : State Of U.P. Thru Prin.Secy.Higher Education Lucknow Counsel for Petitioner : Lalit Kishore Tiwari Himanshu Shukla Counsel for Respondent : C.S.C. Savitra Vardhan Singh Case : MISC. SINGLE No. 143821 Pe... |
In a rape case, the accused could be convicted on the sole testimony of the prosecutrix if it is capable of inspiring confidence in the mind of the court: Gauhati High Court | The accused might be convicted on the only record of the prosecution. If there is no medical proof or the entirety of the circumstances supporting the version given by the prosecutor and believes that the case established by the prosecutor does not act on the only evidence of the prosecutor. If the entire case is impla... | Page No.# 1 9 HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) THE GAUHATI HIGH COURT Case No. : Crl.A. 450 2019 SRI RAJIB BORDOLOI S O LATE MAHENDRA BORDOLOI R O VILL. PURANI GUDAM KURUAJAN P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782141. THE STATE OF ASSAM AND ANR REP. BY P.P. ASSAM. 2:JAFAT KAWA S O LATE MARK... |
Magistrate cannot be said to have taken cognizance of the offence for ordering investigation under Section 156(3) CRPC, or for issuing a search warrant for the purpose of the investigation: Jammu and Kashmir High Court | If there is bona fide dispute between two parties and both are asserting the possession but unless there is evidence to ascertain the fact as to whether the disputed portion is part of which, no process could be issued and taking of cognizance of the offences is without jurisdiction and abuse of the process of law. Thi... | HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CRMC No. 537 2018 IA No. 01 2018 Pronounced on: 12.06.2020 Ab. Gaffar Naik and others ….Petitioner(s) Through: Mr. R. K. S. Thakur Advocate Bashir Ahmed .…Respondent(s) Through: Mr. M. R. Daing Advocate CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA JUDGE Petitioners seek quashing of... |
The High Court is entitled to quash the proceedings if it came to the conclusion that the ends of justice so required: Jharkhand High Court | The High Court has the authority to quash a proceeding if it determines that continuing the prosecution will be a violation of the court’s procedure or if the ends of justice demand that the proceeding be quashed. The preservation of the High Court’s inherent powers, both in civil and criminal cases, is intended to acc... | 1 Cr. M.P. No. 26219 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 26219 Rajnish Kumar aged about 38 years S o Shri Suresh Sharma Resident of House No.51 New AG Cooperative Colony PO Kadru PS Argora District Ranchi… Petitioners Versus The State of Jharkhand Sunil Manohar Wavikar S o Late Manohar Ramchandra Wav... |
The testimony of the victim recorded with the aid of her mother being an interested witness cannot be given any credence: Gauhati High Court | The argument credited to the victim was undoubtedly articulated by the mother based on the victim’s signs and gestures. However, the victim’s symptoms were not listed in the interview, and since she is a party of concern, her evidence is not credible. The judgment was passed by The High of Court Gauhati in the case Of ... | Page No.# 1 9 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A. 5 2019 ABDUL KARIM @ GATU S O LATE SUMUDDIN SHEIKH VILL. ANANDA NAGAR P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348 THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM S O LATE BAIDY NATH CHOUDHURY... |
Forcing DNA Test amounts to infringement of Right to Privacy and Personal Liberty: Supreme Court of India | In the kind of cases where the interest will have to be balanced and the test of eminent need is not satisfied for undergoing a DNA Test, the protection of the right to privacy of the Person should get precedence as upheld by the Hon’ble Supreme Court through the learned bench of Justice Hrishikesh Roy in the case of A... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6153 OF 2021 Arising out of SLP(C) No.116619 …APPELLANT(S RAJ GUPTA & ORS …RESPONDENT(S JUDGMENT Hrishikesh Roy J Heard Ms. Sunieta Ojha the learned counsel for the appellantand as such he is disentitled from any share in their parental property. The defendants also ... |
Prostitution shall not be considered an offence: Bombay High Court | While freeing 3 sex workers from Corrective Institution held that prostitution is not an offence and that an adult woman has the right to choose her vocation and cannot be detained without her consent as per the Immoral Traffic (Prevention) Act, 1956 (Act) held by Justice Prthiviraj K. Chavan in Kajal Mukesh Singh,Sneh... | Uday S. Jagtap 6065 2020 WP Judgment=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6065 OF 2020 Kajal Mukesh Singh Age 23 years Indian Inhabitant permanently R at 629 Ashok Nagar Kalyanpur Kanpur Nagar Uttar Pradesh 208 107 2. Sneha Anil Singh Age 20 years Ind... |
Application questioning the answers given for raised queries was found satisfactory by the appellate authority – The SECURITIES AND EXCHANGE BOARD OF INDIA | Application questioning the answers given for raised queries was found satisfactory by the appellate authority – The SECURITIES AND EXCHANGE BOARD OF INDIA An appeal questioning the unsatisfactory answers for the 23 queries raised by the applicant was heard and disposed of by THE APPELLATE AUTHORITY Mr. ANAND BAIWAR in... | Appeal No. 45521 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 45521 Prateek Tewari CPIO SEBI Mumbai The appellant had filed an application dated September 18 2021under the Right to Information Act 2005 against the said response dated October 2... |
Mere apprehension without materials cannot be entertained – Madras High Court | The petitioner’s claims concerning the investigation are unfounded. As can be seen, the inquiry into this matter is continuing as planned. Already, 55 witnesses have been interviewed, a forensic report has been acquired, and a post mortem doctor’s opinion has been obtained. Also, CDR data has been collected and validat... | Crl.O.P.Nos.17958 & 181121 and W.P.No.209721IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON : 29.11.2021PRONOUNCED ON : 23.12.2021CORAMTHE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl.O.P.Nos.17958 & 181121andW.P.No.2097211.Uma ... first Petitioner in Crl.O.P.Nos.17958 181121 & W.P.No.20976 20212.K.Jeevitha ... second ... |
Inherent jurisdiction of the High Court cannot be invoked to override bar of review under S.362 Cr.P.C: High Court of New Delhi | The purpose of S.362 Cr.P.C is that once a Court delivers the judgment that Court becomes functus officio and thereafter it cannot reconsider or modify the judgment. Application under S.482 cannot be used to short-circuit other proceedings which are subsisting between the parties. This was held in SOMBIR DAGAR & OR... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 05th April 2021 IN THE MATTER OF: CRL.M.C. 314 2015 SOMBIR DAGAR & ORS ..... Petitioners Through None THE STATE& ANR..... Respondents Through Ms. Meenakshi Chauhan APP for the Mr. Vipul Goel Advocate respondent No.2 Applicant. CRL.M.C. 315 2015 SOMBIR DAGAR ....... |
Refusing to condone the delay can result in a meritorious claim being thrown out at the threshold and cause justice to be defeated: Delhi High Court | The Employee Compensation Act is a beneficial legislation for the purposes of providing some respite to the family of the deceased who passes away in an accident at the working place. On a hyper technical view of delay in filing application for restoration a lawful claim should not be permitted to be defeated as upheld... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 27.10.2021 FAO 146 2020 LATE MOHD ASIF THROUGH HIS MOTHER LEGAL HEIR SHABNAM Appellant SHAHID KHAN & ANR. Respondents Advocates who appeared in this case: Mr. Vijay Kinger AdvocateAppellant impugns order dated 19.06.2020 whereby the application of the appe... |
Father granted visitation rights of the minor child on the day of Diwali in the interest of justice: The High Court of Bombay at Goa | The father of a child had sought the temporary custody of the child specifically on days of festivals like Dussehra, festivals and special occasions. The days set for visitation rights of the petition, the father in this case, sought for getting the rights to meet his biological child on the day of Diwali. The court wi... | 6 WP 2163 2021 F.DOC IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.2163 OF 2021 (Filing AMEY DILIP SARDESSAI Age 31 years S o. Shri Dilip B. Sardessai Married Service R o. House No.2 136 A24 Flat No.FA 405 Sinari Apartments Patto Ribandar Goa 403 006 GAYATRI AMEY SARDESSAI Age: 30 yrs D o. Sanjay Shivram Kamat Ma... |
The court can strike off scandalous pleadings that appear to be an abuse of the process of the court: High Court of Delhi | Order 7 Rule 11(d) CPC provides that the plaint shall be rejected where the suit appears from the statement in the plaint to be barred by any law. Order VI Rule 16 CPC permits the court, at any stage of the proceedings to strike out any matter in the pleading which may be unnecessary, scandalous, frivolous, vexatious o... | IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 649 2021 I.As. 16022 2021& 16023 2021 DR. SANJIV BANSAL …..Plaintiff Through: Mr. Manish Kaushik and Mr. Ajit DR. MANISH BANSAL Singh Joher Advs. Versus .….Defendant Through: Mr. Maneck Mulla Ms. Anuja Jhunjhunwala Mr. Priyank Kapadia Mr. Harsh Thadani Mr. Ghanshyam Joshi... |
A criminal petition filed for quashing entire criminal proceedings and order of cognizance allowed for valid terms – Jharkhand high court | A criminal petition filed for quashing entire criminal proceedings and order of cognizance allowed for valid terms – Jharkhand high court The present criminal petition has been filed against Case No. 63 of 2006 (G.R. No. 511 of 2006) where criminal proceedings and order of cognizance has been passed against the petitio... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 920 1. Mahesh Kumar Agarwal aged about 57 years son of Late Lakhi Ram Agarwal Resident of Katras Bazar P.O. and P.S. Katras Bazar Dist. Dhanbad2. Ajay Kumar aged about 54 years son of Late Jokhi Ram Resident of Village Niti Bag Colony Agrico Road No. 2 P.O. Agrico ... |
The power of seizure in section 102 Cr.P.C. has to be limited to moveable property: High Court of Delhi | The writing of a letter to revenue authorities to maintain status-quo qua the title is a permissible step as it is distinct and different from attaching, sealing & seizure of immovable property as observed by the Hon’ble Supreme Court in its judgement. The power of seizure in section 102 Cr.P.C. has to be limited t... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 31.05.2021 W.P.1256 2020 INDIABULLS COMMERCIAL CREDIT LIMITED ..... Petitioner Through Mr.Vivek Pahwa Sr. Adv. with Mr.Ankit Banaoti Adv. ECONOMIC OFFENCES WING & ORS. Through Mr.Rajesh Mahajan ASCwith Respondent Ms.Jyoti Babbar Adv. for State. Insp. A.K. Singh... |
The custom duty which is applicable for telecom sector is 0%: High Court Of New Delhi | The present petition under Section 34 of the Arbitration and Conciliation Act, 1996, impugning an Arbitral Award dated 13.06.2019 and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR JUSTICE VIBHU BAKHRU, in the matter, BHARAT SANCHAR NIGAM LTD V. M/S VINDHYA TELELINKS PVT. ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 26.10.2021 O.M.P.503 2019 BHARAT SANCHAR NIGAM LTD Petitioner M S VINDHYA TELELINKS PVT. LTD. Advocates who appeared in this case: Respondent For the Petitioner Ms Ruchi Gour Narula Advocate with Ms Sangeeta Sondhi and Mr Gorang Goyal Advocates. Mr Narendra... |
The order of a tribunal is sustainable when the opportunity of hearing is an empty formality: High Court of Telangana | An order issued by the tribunal is sustainable even when the opportunity of being heard is not available to either of the parties, when such an opportunity would not serve any useful purpose. This was decreed by the The Honourable Sri Justice P.Naveen Rao in the case of S. Surendhar Reddy Vs. The state of Telangana [W.... | THE HONOURABLE SRI JUSTICE P.NAVEEN RAO W.P. No.1506201 S.Surendhar Reddy s o. late Arjun Reddy Aged about 50 years occu: Business r o.9 6 129 Durga Nagar Champapet ….petitioner The State of Telangana rep.by its Prl.Secretary Revenue Department Secretariat Hyderabad and others. Counsel for the petitioner : Sri.Rapolu B... |
The court rejected pre-arrest bail for petitioner no. 1 as he caused grievous injuries but granted bail for petitioners no. 2, 3 and 4 as they caused simple injuries: High court of Patna | The petitioners were arrested under Section 341 IPC, “Punishment for wrongful restraint”, section 323, “Punishment for voluntarily causing hurt”, section 324, “Voluntarily causing hurt by dangerous weapons or means”, section 307, “Attempt to murder”, section 379, “Punishment for theft”, section 427, “Mischief causing d... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.167521 Arising Out of PS. Case No. 325 Year 2020 Thana BAJPATTI District Sitamarhi 1. Md. Gulab aged about 44 years for the State and Mr. Alok Kumar Jha learned counsel for the informant. 4. The petitioners apprehend arrest in connection with Bajpatti P... |
Jurisdiction of Courts u/s 142 of NI Act to try cheque bounce cases clarified by Supreme Court of India | The Hon’ble Supreme Court of India in M/S Himalaya Self Farming Group Vs. M/S Goyal Feed Suppliers [Transfer Petition Criminal No. 273 of 2020] held that the court within whose jurisdiction the branch of the bank where payee maintains the account is situated, will have jurisdiction to try the offence under the Negotiab... | ITEM NO.7 Court 9SECTION XVI A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer PetitionNo.2720 M S HIMALAYA SELF FARMING GROUP & ANR. Petitioner(s VERSUS M S GOYAL FEED SUPPLIERS Respondent(s FOR ADMISSION and IA No.89281 2020 STAY APPLICATION and IA No.89282 2020 EXEMPTION FROM FILING O.T. Date : ... |
Section 21 of the mines and minerals Act have a lot of impact on any issue relating to mining :High Court Of Jammu & Kashmir | The claim was established on a stone crusher under the name of M/s Krishna Stone Crusher at Sanghani, Poonch Road Akhnoor. He has challenged the order of respondent No.3 and the same was held in the judgement passed by a single bench judge comprising The Hon’ble Justice Sanjeev Kumar, in the matter M/s Krishna Stone C... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU h475 WP(C) No.1154 2021 CM Nos.4762 2021 4763 2021 5288 2021 & 5291 2021 Reserved on : 22.09.2021 Pronounced on : 29.09.2021 M s Krishna Stone Crusher ...Petitioner(s) Through: Mr. Parag Sharma Advocate Union Territory of J&K and others ...Respondent(s) Through: Mr. F.... |
The Court is inclined to allow the prayer for bail to the petitioner after being apprehended under Sections 419, 420, 406, and 120B IPC: High court of Patna | The petitioner was taken into custody under Section 419 IPC, “Punishment for cheating by personation”, section 420 “Cheating and dishonestly inducing delivery of property”, section 406, “Punishment for criminal breach of trust” and section 120B IPC, “Punishment of criminal conspiracy”. This is in connection with Town P... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 22720 Arising Out of PS. Case No. 50 Year 2019 Thana BEGUSARAI TOWN District Begusarai Dharam Sah @ Dharm Sah Son of Sri Shyam Sah Male aged about 35 years Resident of Village Bishnupur Azadchowk Near Nav Yukub Durga Asthan Ward No.42 Post Mirzapur Ban... |
“Equal pay for equal work” is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government: Supreme Court | Equal pay for equal work” is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government, the Supreme Court remarked in a judgment delivered on Thursday (27 January 2022). The bench comprising Justices DY Chandrachud and Bela M. Trivedi observed that the equation ... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 474 475 OF 2022 Arising out of SLP(Civil) Nos. 547 5421) STATE OF MADHYA PRADESH R.D. SHARMA AND ANR. …APPELLANT(S) JUDGMENT BELA M. TRIVEDI J. Leave granted. The appellant State of Madhya Pradesh by way of present appeals filed under Article 136 of the Constitution... |
The Nominated Person cannot be convicted in the absence of the Company: Supreme Court | The company cannot be convicted by the trial court and the court found that the “finding of the High Court to revisit the judgement will be unfair to the appellant/Nominated Person who has been facing trial for more than last 30 years”. This auspicious judgement was passed by the Hon’ble Justice Hemant Gupta in the mat... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 715 OF 2020 ARISING OUT OF SLPNO. 578 OF 2020 HINDUSTAN UNILEVER LIMITED THE STATE OF MADHYA PRADESH W I T H CRIMINAL APPEAL NO. 716 OF 2020 ARISING OUT OF SLPNO. 806 OF 2020 JUDGMENT HEMANT GUPTA J The challenge in the present appeals is to an order passed by ... |
A police officer has the power to investigate a non-cognizable offence also, only after obtaining the prior permission of the concerned magistrate: High Court of Uttarakhand. | Under Section 155 Cr.P.C. which provides for information as to non-cognizable cases, the police officer has no suo moto power to investigate the matter, but as soon as the 2 information is recorded by him, he will refer the informant to the Magistrate. However, the concerned magistrate can empower the police officer to... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.12621 Nandan Kumar Mittal ….. Petitioner State of Uttarakhand and others ….Respondents Mr. Piyush Garg learned counsel for the petitioner. Mr. V.S. Rathore learned A.G.A. along with Mr. Pankaj Joshi learned B.H. for the State. Hon’ble R.C. Khulbe J.... |
The court does not inspire confidence with regard to their innocence and rejects pre-arrest bail to the petitioners arrested under Sections 304-B/34 IPC: High court of Patna | The petitioners were arrested under Section 304-B, “Dowry death”, section 34IPC, “Acts done by several persons in furtherance of common intention”. This is in connection with Banka (Barahat) PS Case No. 683 of 2019 dated 23.09.2019. This judgment was given in the high court of Judicature at Patna by honorable Mr. Justi... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14421 Arising Out of PS. Case No. 683 Year 2019 Thana BANKA District Banka Bhawani Devi aged about 55 years wife of Anirudh Sah Chandan Shah @ Chandan Kumar Sahaged about 35 years Rohit Kumar @ Rohit Sahaged about 28 years both sons of Anirudh All resid... |
To prove the defence, the appellant does not need to present any direct or positive proof: Gauhati High Court | It is not necessary for the accused person to prove his case beyond a reasonable doubt or in default to incur a verdict of guilty. The onus of proof lies upon the accused person is to prove his case by a preponderance of probability. The judgment was passed by the High Court of Gauhati in the case of Radharaman Bhowmik... | Page No.# 1 5 HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) THE GAUHATI HIGH COURT Case No. : CRL.A(J) 5 2018 RADHARAMAN BHOWMIK S O. LT. ANIL CH. BHOWMIK R O. SHYAMAPRASAD ROAD P.S. KARIMGANJ DIST. KARIMGANJ ASSAM THE STATE OF ASSAM GHC GHY. Advocate for the Petitioner DR. B N GOGOI AMICUS CURIAE Advocat... |
Mandatory to recompense the loss of forest land to the aggrieved: Karnataka High Court | It is compulsory for the Government to compensate and rehabilitate those individuals, from whom land has been acquired by the Government in order to execute a Government Project. A division bench comprising of Justice BV Nagarathna and Justice JM Khazi, while adjudicating the matter Sri KA Ravi Chengappa v. The Princip... | : 1 : IN THE HIGH COURT OF KARNATAKA BENGALURU DATED THIS THE 08TH DAY OF APRIL 2021 THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA THE HON’BLE MS. JUSTICE J.M.KHAZI WRIT PETITION No.12038 2020... PETITIONERS SRI K.A. RAVI CHENGAPPA AGED ABOUT 56 YEARS S O. K.N. AIYAMMA THE PRESIDENT OF CAUVERY SENE1ST FLOOR SUMUKH COMPLEX C... |
An arbitrator appointed by one of the parties may be appointed to act as a sole arbitrator: High Court Of New Delhi | The present petition has been filed by the petitioner seeking the appointment of Sole Arbitrator under the provisions of Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996. and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE SURESH KUMAR KAIT, i... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26.10.2021 ARB.P. 830 2021 SIVANSSH INFRASTRUCTURE DEVELOPMENT PVT. LTD. Through: Mr. Navin Kumar Ms. Rashmeet Kaur & Ms. Priya Goyal Advocates Petitioner ARMY WELFARE HOUSING ORGANIZATION Respondent Through: Mr. A.K.Tewari & Mr. Tushar Upreti HON BLE MR. JUSTI... |
Mere custody of ammunition without awareness will not constitute offense U/S. 25 of the Arms Act, 1959: High Court of Delhi | It is a well-settled law that where a person is not conscious of the ammunition in his possession, an offense under Section 25 of the Arms Act, 1959 would not be made out. This was held in ARUN v. THE STATE GNCT OF DELHI. [Bail Appln. 1528/2021] in the High Court of Delhi by a single bench consisting of JUSTICE SURES... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28.05.2021 W.P.552 2021 GAURAV SACHDEVA Through Mr. Aamir Chaudhary Adv. Petitioner NCT OF DELHI &ANR. Respondent Through Mr. R.S. Kundu ASC for State HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENTCRL. M.A. 5356 2021 Allowed subject to all just exceptions. Appl... |
A legislation passed by a Parliament can be challenged only on constitutionally recognized grounds : Jammu and Kashmir High Court | Ordinarily, the grounds of attack of legislation are whether the legislature has the legislative competence and whether the legislation is ultra vires the provisions of the Constitution. This was held in the judgment passed by a two – judge bench comprising of Hon’ble Mr. Justice Ali Mohammad Magrey, Hon’ble Mr. Justic... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Video conferencing) SWP no.2127 2016 CM no.3588 2019 Reserved on :03.05.2020 Pronounced: on 04.06.2020 Suhail Maqbool Dar Through: Mir Majid Bashir Advocate. State of J&K & ors. Through: Mr. B. A. Dar Sr. AAG for no.1 & Mr. N. A. Beigh Advocate for nos. 2 to 4. Coram: Hon’ble... |
Objection of territorial jurisdiction has to be construed after taking all averments in the plaint to be correct: High Court of Delhi | When an objection to jurisdiction is raised by way of demurrer and not at the trial, the objection must proceed on the basis that the facts as pleaded by the initiator of the impugned proceedings are true. Objection of territorial jurisdiction has to be construed after taking all averments in the plaint to be correct. ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 2nd March 2022 CS(COMM) 214 2021 SAISONS TRADE AND INDUSTRY PRIVATE LIMITED ..... Plaintiff Through: Mr. Neeraj Grover Mr. Abhijeet Deshmukh Ms. Meenakshi Ogra and Mr. Vikram Singh Advocates. MAITHRI AQUATECH PRIVATE LIMITED& ORS. Defendants Through: Mr. Vinay Nav... |
The law shelters everyone under the same light and should not be swirled for the benefit of a few: Jharkhand High Court | To condone the delay, discretion should not be based on the length of the delay but on sufficient and satisfactory explanation. The Hon’ble High Court of Jharkhand before The Hon’ble Acting Chief Justice Pradip Kumar Mohanty and The Hon’ble Justice Ananda Sen held such an opinion regarding the case of M/s Central Coalf... | IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No. 54316 IN L.P.A. No. 2016 M s Central Coalfields Limited through its Project Officer Binesh Sharma son of Laldeo Sharma resident of Kuju Colliery P.O. Kuju P.S. Mandu District Ramgarh … … Appellant Versus Sarlu Mahato son of Latu Mahato resident of village Dulmi P.O. Har... |
There is no Requirement to Interfere the Orders of Court when Allegations were Proved beyond any Reasonable Doubt: Supreme Court of India | A call by using the mobile phone of the deceased just to divert the attention of the police so that he could escape in case the locked door was opened proved and established beyond reasonable doubt. This honorable judgement was passed by Supreme Court of India in the case of Shanmugam vs. State if inspector of police o... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.900 OF 2010 SHANMUGAM Appellant(s STATE BY INSPECTOR OF POLICE TAMIL NADU JUDGMENT S. ABDUL NAZEER J This appeal by special leave is filed against the judgment dated 26.02.2008 in Crl. Appeal No.5007 passed by the High Court of Judicature at Madras wherein the ... |
There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration: Supreme Court of India | A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act, 1872 and it alone can also form the basis for conviction if it has been made voluntarily and inspires confidence. This extensive judgment was passed by the Hon’ble supreme court of India in the case of Naresh Kumar v. Kalawati an... | The appellant brother of the deceased is in appeal law and husband of the deceased of the charge under Sections The deceased suffered 95% burn injuries on 17.09.1991 at circumstantial evidence consisting of the dying declaration of the 4. Shri Rajendra Singhvi learned counsel for the appellant the matrimonial home with... |
Accused can be convicted for rape solely on testimony of prosecutrix if it is trustworthy and corroborated by evidence: High Court of Orissa | The testimony of a victim of sex offence is entitled to great weight before the court and therefore the accused person can be convicted for rape solely on the testimony of the victim, given that is trustworthy and well corroborated by medical evidence or other witnesses. This was held in the judgement passed by a singl... | IN THE HIGH COURT OF ORISSA CUTTACK JCRLA No. 74 Of 2016 From the judgment and order dated 09.10.2015 passed by the learned Addl. Sessions Judge Kuchinda in S.T. Case No.37 of Madhusudan Naik …..… Appellant Versus State of Orissa .. Respondent For Appellant: Mr. Ajit Kumar Sahoo For State: P R E S E N T: Mr. Sibani San... |
The negative attitude of the Insurance Companies in repudiating the claims, defeats the very purpose of the Law Makers drafting the Insurance Act: Karnataka State Consumer Disputes Redressal Commission | The Commission opined that, when Insurance Company collects premiums, it should also take responsibility to properly address the complaints of its poor clients, who pay the premiums with extreme difficulty in the hope that the Sum Assured in the Insurance Policy will rescue them in case of crisis. This was held in the ... | APPEAL No.955 2018 Date of Filing :26.06.2018 Date of Disposal : 26.10.2021 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURUHON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT Mr K B SANGANNANAVAR: JUDICIAL MEMBER Mrs DIVYASHREE M:LADY MEMBER APPEAL NO.955 2018 M s United India Insurance Co. Ltd... |
State of Jharkhand & Ors V/s Tata Steel Ltd. & Ors | An interpretation which will result in an anomaly or absurdity should be avoided and where literal construction creates an anomaly, absurdity and discrimination, statute should be liberally construed even slightly straining the language so as to avoid the meaningless anomaly The background of the facts M/s. Tata Steel ... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO 4285 OF 2007 State of Jharkhand & Ors Versus Tata Steel Ltd. & Ors JUDGMENT Dipak Misra J M s. Tata Steel Limited the 1st respondent herein had established a manufacturing unit for production of HRP rounds structural and other iron and steel products in Dhanbad situat... |
Dharma Prathishthanam v. M/S. Madhok Construction Pvt. Ltd | “Arbitration agreement” means a written agreement to submit present or future differences to arbitration” In the year 1985, the appellant proposed to have a building constructed for which purpose it entered into a works contract with the respondent for the construction as per the drawings and specifications given by th... | Appeal71404 M s. Madhok Construction Pvt. Ltd DATE OF JUDGMENT: 02 11 2004 CJI R.C. LAHOTI G.P. MATHUR & P.P. NAOLEKAR JUDGMENT R.C. LAHOTI CJI Arising out of Special Leave PetitionNo. 78303 Leave granted The appellant Dharma Prathishthanam is a charitable institution. The respondent is a builder engaged in constructi... |
Award passed by arbitral tribunal set aside by High Court cannot be contended to be partially set aside award : High Court Of Bombay | Harinarayan_G_Bajaj_vs_Securities_Appellate_Tribunal_on_31_October_2002 The question as to whether an arbitral award passed by the Arbitral Tribunal is set aside bydivision bench of Bombay high court can be challenged by the appellant, was examined by THE HIGH COURT OF BOMBAY, consisting of Justice J.P Devadhar in the... | Harinarayan G. Bajaj vs Securities Appellate Tribunal on 31 October 2002 Bombay High Court Harinarayan G. Bajaj vs Securities Appellate Tribunal on 31 October 2002 Equivalent citations: 2003 42 SCL 548 Bom Bench: A Shah S Bobde 1. Both the appeals are directed against the common order dated 5th September 2002 passed by... |
Adjudicatory authorities under the I.D. Act not bound by technical procedures unlike Civil Courts: Delhi High Court | Adjudicatory authorities like Labour Courts instituted under the Industrial Disputes Act, 1948 are not bound by the technical rules of procedure unlike their civil correspondences. The writ petition in Rakesh v M/S J.M.J. Signage W.P.(C) 7600/2019 before the Delhi High Court bench of Rajiv Shakdher J. was directed agai... | J 1 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7600 2019 & CM No.31605 2019 Judgement reserved on 18.02.2021 Judgement pronounced on 30.04.2021 Through : Mr. Ashish Virmani Adv. .....Petitioner M S J.M.J. SIGNAGE .....Respondent Through : Ms. Dolly Nair Adv. HON BLE MR. JUSTICE RAJIV SHAKDHER Judgement pronounced ... |
One single circumstance can’t be treated as of universal validity to either grant or refuse bail: Odisha High Court | “Once the charge-sheet has been filed unless antecedents to the contrary can be demonstrated, the presence of the accused may not be required to take the prosecution to its logical conclusion.”, this remarkable stand was forwarded by Hon’ble Odisha High Court, in a single judge bench chaired by Hon’ble Justice Mr. S.K.... | HIGH COURT OF ORISSA: CUTTACK BLAPL No.4125 OF 2020 In the matter of an application under Section 439 Criminal Procedure Code 1973) Pramod Kumar Sahoo State of Odisha For petitioner For the Opp. Party: … Opposite Party Shri Ravi Shankar Samal S. Mishra S.N. Kanungo S.P.Jena & R. Mohanty Shri Sunil Kumar Mishra Addition... |
Magistrate not to take cognizance of defamation complaint filed by non-aggrieved person: High Court of Delhi | If a Magistrate were to take cognizance of the offence of defamation on a complaint filed by one who is not an “aggrieved person”, the trial and conviction of an accused in such a case by the Magistrate would be void and illegal. This was held in the case of Business Standard Pvt Ltd & Anr. Vs. Lohitaksha Shukla &a... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17.02.2021 Pronounced on: 01.03.2021 CRL.M.C. 621 2017 & Crl.M.As.2665 2017 & 7817 2019 BUSINESS STANDARD PVT LTD & ANR. Petitioners Through: Mr. N.B.Joshi Mr. Neeraj K. Gupta Mr. Ranjeet Kumar Singh LOHITAKSHA SHUKLA & ANR. Respondents Through: Mr. Mukesh Sharma Adv... |
Not prude to grant bail to accused person who is likely to abscond: High Court of Meghalaya | Bail is usually granted to people accused in criminal cases when they cannot tamper with the outcome of the case and they are not likely to abscond. However in cases where the accused may potentially abscond and his attendance in court is not guaranteed, it would not be wise to grant him bail. This was addressed by a s... | Serial No. 01 Regular List BA. No. 21 Smti. Biolinda Sten HIGH COURT OF MEGHALAYA AT SHILLONG Date of Decision: 14.06.2021 State of Meghalaya & Anr. Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) For the Respondent(s) i) Whether approved for reporting in Law journals etc.: Mr. S.S. Yadav Adv. Mr.... |
Amendment to the gratuity act is NOT retrospective: Supreme Court of India | Pension is payable periodically as long as the pensioner is alive whereas the gratuity is ordinarily paid only once on retirement. Therefore, any amendment with respect to the cutoff date cannot be treated retrospective. This was held by the two-judge bench comprising of Hon’ble Justice Hemant Gupta and Hon’ble Justice... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4744 OF 2021 ARISING OUT OF SLPNO. 10622 OF 2017 KRISHNA GOPAL TIWARY & ANR UNION OF INDIA & ORS JUDGMENT HEMANT GUPTA J The challenge in the present appeal is to an order passed by the High Court of Jharkhand on 27.7.2016 whereby the claim of the appellants to decla... |
Opportunity to the parties to place on record all essential documents and materials, if required :Patna High Court | Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Antu Manjhi Vs. State Of Bihar (Civil Wri... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.59020 Antu Manjhi S o Moali Manjhi resident of Village Basari P.S. Bodh Gaya District Gaya The State of Bihar through the Principal Secretary Department of Food Commerce and Civil Supplies Bihar Patna The Divisional Commissioner Magadh Division Ga... |
The applicability of anticipatory bail under Section 438 Cr.Pc to minors in confrontation with the law under the JJ Act is not expressly barred.: Gujarat High Court | There is no expressed bar of application of Section 438 of the Code to the children in conflict with law covered by the Act, 2015 and in absence of expressed bar of application of Section 438 of the Code, there is no reason to imply such bar more particularly in the facts of the present case where the juvenile applican... | on : Fri Jun 11 22:46:59 IST 2021 R CR.MA 6978 2021 ORDER DATED: 09 06 2021IN THE HIGH COURT OF GUJARAT AT AHMEDABADR CRIMINAL MISC.APPLICATION NO. 69721================================================================KURESHI IRFAN HASAMBHAI THRO KURESHI KALUBHAI HASAMBHAI VersusSTATE OF GUJARAT =======================... |
Reinstating conductors, suspended for indulging in financial frauds and dishonesty is against constitutional values, Kutumb Suraksha Yojna quashed: Bombay High Court | The impugned scheme is unique and novel as it says a complete goodbye to laws and is against the interest of the public at large, especially the youth. The decision of the administrator must be within four corners of the law, and not one which no sensible person could have reasonably arrived at having regard to the pri... | on 30 04 2021 on 01 05 01 17 PIL: 1. The scheme attempted to be introduced by the MaharashtraState Road Transport CorporationRespondent No.2 as “Kutumb Suraksha Yojna” wherebyterminated or suspended conductors are sought to be re appointedunder the said scheme is under challenge in the present Suo MotoPublic Interest ... |
Defaults prior to Covid-19 Pandemic cannot be covered under RBI’s guidelines granting relief on repayment of loans: Delhi High Court | RBI guidelines for reliefs to certain debtors for defaults made on loans due to the Covid-19 Pandemic are only applicable to defaults that arose during the Covid-19 Pandemic and not before. The Delhi High Court made the Petitioner liable for defaults of the Respondent that had been made since 2018. The ratio was laid d... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23rd November 2020 Date of decision: 18th December 2020 W.P.(C) 3580 2020 & CM APPL. 12727 29 2020 21106 07 2020 AMIT KHANEJA AND ORS. Petitioners IL & FS FINANCIAL SERVICES LTD. Through: Ms. Meenakshi Arora Advocate with Mr. Vivek Jain Mr. Nirvikar Singh Mr. Manish ... |
The powers of the High Court under Article 227 of the Constitution of India to consider Appeal of the cases decided by the learned Additional Rent Controller (ARC) and the Rent Control Tribunal (RCT): High Court of Delhi | Article 227 determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. The question as to the powers of the High Court under Article 227 of the Constitution of India to consider Appeal of the cases decided by the l... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 29th September 2021 CM320 2021 & CM APPL. 14054 2021LAXMI DEVI .....Petitioner Through: Mr. Varun Dhingra and Mr. Hemant Choudhary Advocates. INDER DEV SHARMA & ANR Through: Mr. Rajendra Kumar .....Respondents Jain Advocate for R 1. HON BLE MS. JUSTICE ASHA MENON ... |
Condonation of delay cannot be arbitrary, there should be reasons to support such condonation: Supreme Court of India | In the application seeking condonation of delay, it was stated that she is aged 45 years and was looking after the entire litigation and that she was suffering from health issues and she had fallen sick from 01.01.2017 to 15.03.2017 and she was advised to take bed rest for the said period. However, there is no explanat... | 1. Feeling aggrieved and dissatisfied with the impugned order dated 16.09.2021 passed by the High Court of Andhra No.331 of 2021 by which the High Court has condoned a appellant original plaintiff respondent before the High by quashing and setting aside the judgment and decree passed by the Trial Court by judgment an... |
Cheque not having CTS authentication automatically would be invalidated in terms of the guidelines issued by the RBI : Jammu and Kashmir High Court | The RBI has categorically issued a notification wherein it is stated that Non-CTS cheques will not be presented before the Bank for encashment from December 31, 2013. This was upheld in the judgment passed by a single judge bench comprising of HON’BLE MS. JUSTICE SINDHU SHARMA, in the matter Ravi Kumar Sharma V. Yogind... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Through video conferencing) WP(Cr1) No. 53 2020 Pronounced on: 16 .06.2020 Through: Mr. Shuja Ul Haq Advocate .…Petitioner(s) Ali Mohammad Charloo @ Sagar V s Union Territory of J&K and others .…Respondent(s) Through: Mr. B. A Dar Sr. AAG CORAM : HON’BLE MRS. JUSTICE SINDHU S... |
A commercial document having an arbitration clause has to be interpreted in such a manner as to give effect to the agreement rather than to invalidate it: High Court of Gujurat | In absence of any procedure having been agreed upon for appointing the Arbitrator, and both the parties having failed to agree on the appointment of the Arbitrator, within thirty days from the receipt of the request made by the petitioner to the respondents, the case would fall under sub section (5) of Section 11 for ... | on : Fri Apr 23 23:03:54 IST 2021 C IAAP 40 2020 CAV JUDGMENTIN THE HIGH COURT OF GUJARAT AT AHMEDABADR PETN. UNDER ARBITRATION ACT NO. 420 FOR APPROVAL AND SIGNATURE: HONOURABLE MS. JUSTICE BELA M. TRIVEDI ==========================================================1 Whether Reporters of Local Papers may be allowed to ... |
Breach of a promise cannot said to be a false promise: Supreme Court of India | To establish whether the “consent” was vitiated by a “misconception of fact” arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The false promise itself mu... | IN THE CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 2321 Arising out of SLPNo 112119 Sonu @ Subhash Kumar State of Uttar Pradesh & Anr JUDGMENT Dr Dhananjaya Y Chandrachud J This appeal by way of an SLP arises from a judgment of a learned Single Judge of the High Court of Judicature at Allahabad dated 26 Septembe... |
Cannabis would attract Section 21(c) NDPS Act, hence Section 37 to come to play: High Court Of Meghalaya | The court finds that there are no rational grounds to believe that the accused persons are not guilty of such offense. Such an opinion was held by The Hon’ble High Court Meghalaya before The Hon’ble Mr. Justice W. Diengdoh in the matter of Azibar Rahman Vs. State of Meghalaya [BA. No. 10 of 2021]. The fact of the case... | Serial No. 01 Regular List BA. No. 121 HIGH COURT OF MEGHALAYA AT SHILLONG Date of Decision: 01.10.2021 Azibar Rahman Vs. State of Meghalaya Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) For the Respondent(s) i) Whether approved for reporting in Law journals etc.: Mr. A. Rahman Adv. Mr. H. Kharm... |
If offending vehicle had no valid route permit, owner/insured is liable to pay the awarded amount of compensation : Jammu High Court | This was held in the judgment passed by a one bench judge comprising HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE, in the matter Gouri Shanker V. Mohd. Iqbal & ors (MA 534/2014), dealt with an issue where the petitioner filed for an appeal that was directed against the judgment and award dated 13.06.2014 delivered by t... | HIGH COURT OF JAMMU & KASHMIR AT JAMMU Through: Mr. Jatinder Singh Adv. MA 534 2014 …. Respondent(s) Gouri Shanker Mohd. Iqbal & ors. Through: Mr. Sanjay Kumar Dhar Adv. for No.3. CORAM: HON’BLE MR. JUSTICE TASHI RABSTAN JUDGE This appeal is directed against the judgment and award dated 13.06.2014 delivered by the Pres... |
Mere Excuse of Procedural Aspect is no Sufficient Cause for Condonation of Delay: High Court of Jammu & Kashmir and Ladakh at Jammu | Merely saying that the delay was on account of procedural aspect, is not sufficient cause to condone the delay, as observed by the High Court of Jammu & Kashmir and Ladakh at Jammu, before the HON’BLE JUSTICE MR. TASHI RABSTAN, in the matter of State of Jammu & Kashmir vs. Lalan Yadav [SLA No. 12/2015], on 09.1... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SLA No. 12 2015 CRAA No. 11 2015 CONCR No. 12 2015 Reserved on 06.12.2021 Pronounced on: 09.12.2021 Through : Mr. Aseem Sawhney AAG State of J&K Versus Lalan Yadav Through : Mr. Bhavishya Sudan Advocate CORAM: HON’BLE MR. JUSTICE TASHI RABSTAN JUDGE The order of acquitt... |
The Pith and substance of the CGST Act is on a topic upon which the Parliament has power to legislate, levy and collect GST: High Court of Delhi | Constitutionality of an enactment or any part thereof and the burden to show that there has been a clear transgression of constitutional principles is upon the person who impugns such an enactment. Further, laws are not to be declared unconstitutional on the fanciful theory that power would be exercised in an unrealist... | IN THE HIGH COURT OF DELHI AT NEW DELHI Suppl. 25 W.P.(CRL) 2020 2020 SARTAJ ALI Through Mr.Vijay Aggarwal with Mr.Syed Petitioner Urfee Haider Advocates. UNION OF INDIA & ANR. ..... Respondents Through Mr. S.V. Raju ASG with Mr.Ravi Prakash CGSC Mr.Vinay Yadav Mr.Akshay Gadeock Mr.Amit Gupta Mr.Sahaj Garg and Mr.R.Ven... |
State cannot not hold on to erroneous, forced or inadvertent payments by bringing in the defense of limitation: Kerala High Court | The State and its authorities could not act in a Shylockian manner and squeeze money from its citizens. The Kerala High Court made this remark on observing State’s failure to return the money paid twice for a certain due by the Petitioners. The High Court presided over by J.N. Nagaresh laid down this ratio in the case ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY THE 19TH DAY OF JANUARY 2021 29TH POUSHA 1942 WP(C).No.17924 OF 2020(M M S. SEAHORSE SHIP AGENCIES PVT. LTD. PLOT NO.10A NILHAT HOUSE GROUND FLOOR J. THOMAS BUILDING BRISTOW ROAD WILLINGDON ISLAND KOCHI 682 003 REP BY ITS BRANCH IN CH... |
Adjudicating Authority to not become functus officio on expiry of the period of 180 days from the passing of the order of provisional attachment unless confirmed u/S 8 of PMLA: Calcutta High Court | A period of 180 days after passing of the provisional attachment by the adjudicating authority cannot obstruct it from hearing the matter specified under section 8(1) and 8(2) of PMLA. The Calcutta High Court quorum consisting of Arindam Mukherjee J. ruled that there was an inherent difference between special courts an... | CAN 1 OF 2021 IN WPA 8232 OF 2020 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE THE HON’BLE JUSTICE ARINDAM MUKHERJEE. CAN 1 OF 2021 W.P.A. 8232 OF 2020 FAIRDEAL SUPPLIES LIMITED & ANR. For the petitioners Mr. Jishnu Chowdhury UNION OF INDIA & ORS. For the Respondents no. 2 3 4 13 Ms. De... |
Invocation of Arbitration Clause Sufficient to Prove Pre-Existing Dispute: National Company Law Appellate Tribunal, Principal Bench, New Delhi | Whether the factum of invocation of an arbitration clause in pursuance of fulfilment of contractual obligations pertaining to operational creditor and corporate debtor, was a question considered by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, before a bench consisting of Justice Anant Bijay ... | National Company Law Appellate Tribunal Principal Bench New Delhi COMPANY APPEAL(INSOLVENCY) No. 3320 Arising out of Order dated 12th February 2020 passed by National Company Law Tribunal Kolkata Bench Kolkata in C.P.No. 1422 KB 2018). IN THE MATTER OF: 1. Hindustan Petroleum Corporation Ltd. Through Power of Attorney ... |
Minor contradictions in the prosecution witness cannot suppress the broader truth: Calcutta High Court | In matter holding nexus between the offence of kidnapping and the subsequent witness cross-examination, it has been observed by the Calcutta High Court Appellate Bench that any minor contradictions in witness statement shall not eclipse the solemnness of the offence. The single judge bench of Tirthankar Ghosh J. in the... | IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE THE HON’BLE JUSTICE TIRTHANKAR GHOSH CRA 6716 Haradhan Dutta vs. State of West Bengal & Anr. For the Appellant For the State of West Bengal Heard on : 12.02.2021 19.02.2021 26.02.2021 Mr. Jayanta Narayan Chatterjee Mr. Apalak Basu Mr. Nazir Ah... |
Welfare policy for vaccination can never affect a major fundamental right: Meghalaya High Court | Mandatory Covid-19 vaccination drive by the state is for the greater benefit of the society and is not a negative coercive reinforcement. Such a drive does not impair any of the rights guaranteed under Chapter III of the constitution. Hon’ble Mr. Justice Biswanath Somadder and Hon’ble Mr. Justice H.S. Thangkhiew held t... | Serial No.01 Regular List PIL No.6 2021 HIGH COURT OF MEGHALAYA AT SHILLONG Date of Order: 23.06.2021 Registrar General Vs. State of Meghalaya High Court of Meghalaya Hon’ble Mr. Justice Biswanath Somadder Chief Justice Hon’ble Mr. Justice H.S. Thangkhiew Judge For the Petitioner Appellant(s) For the Respondent(s) i) W... |
Interim bail granted, where the Jail Authority cannot provide the necessary treatment: High Court of Delhi. | In the case where the medical condition of the accused person in custody, is serious and the jail authority is unable to extend any necessary medical treatment, then in such case, the court may grant interim bail to such person in custody for a specified period to get examined and treated. A single Judge bench Comprisi... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 1878 2021 & CRL.M(BAIL). 840 2021 ASHOK KUMAR MISHRA ..... Petitioner Through: Mr. N. Hariharan Sr. Adv. assisted by Mr. Murari Tiwari Siddharth S. Yadav Mr. Samarth K. Luthra Ms. Akriti Gupta Mittal and Mr. Rahul Kumar Advs. DIRECTORATE OF ENFORCEMENT ..... Responde... |
Treatment of an employee as a regular employee even if it is against his designation would deem him to be a regular employee: Supreme Court of India | Aspects associated with a person who had a regular appointment when performed on a person who is deemed otherwise will be considered as a regular employee and be eligible for all the benefits a person with regular employment would be entitled like compassionate appointment. This was held by the Hon’ble Justice Sanjay K... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4575 2021 arising out of SLPNO.20650 2019 THE STATE OF UTTAR PRADESH & ORS. Appellant(s UTTAM SINGH Respondent(s JUDGMENT The appellants seek to assail the judgment of the Division Bench of the Allahabad High Court in terms whereof the respondent before us has been gr... |
Section 376 CRPC- Conviction can be Sustained on the Sole Testimony of the Victim if it inspires Confidence: Supreme Court of India. | A conviction can be based on the sole testimony of the victim/prosecutrix when the deposition of the prosecutrix is found to be trustworthy, unblemished, credible and her evidence is of sterling quality, and the same was observed by Hon’ble Mukeshkumar Rasikbhai Shah, J in the matter of Phool Singh vs. The State of Mad... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1520 OF 2021 The State of Madhya Pradesh JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.09.2019 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 875 2000 by which the High Court h... |
Tolerance for other religious practises is required; this country takes pride in its Unity in Diversity. – Madras High Court | In the Preamble to the Constitution of India “we the people” had determined to establish India as a Secular Republic. Article 15(1), which states that the state shall not discriminate against anyone based on criteria like as religion, and Article 51A(e), which states that it is the Fundamental Duty of every citizen to ... | W.P(MD)No.112720BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 10.01.2022CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYANW.P(MD).No.112720andW.M.P(MD).Nos.9856 9857and 98620 and 151221 Paulraj ... PetitionerVs.1.The District Collector Kanyakumari District. Nagercoil.2.The Sub Collector Padmanabhapuram Thuckalay Ka... |
Right to property is not a fundamental right : Supreme Court | It has been observed over time and given the decisions of this court that the right to property has been severely undermined due to its character being that of a legal right and not a fundamental right. The evolving jurisprudence of this court also underlines that it is a valuable right ensuring guaranteed freedoms and... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1460 2010 B. K. RAVICHANDRA & ORS. ...APPELLANT(S) UNION OF INDIA & ORS. ...RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT J. 1. This appeal by special leave questions a judgment of the Karnataka High Court1. The High Court rejected the appellants’ claim to direct the resp... |
Compounding of offences is acquittal in-terms of the provisions in the CrPC but is not equivalent to being innocent: High Court of Chhattisgarh. | When a person is acquitted from a case with a compounding order due to the compromise between the parties, it cannot be treated as being innocent. Furthermore, he cannot claim that such an acquittal is sufficient to prove his innocence and he must be reinstated of all the powers e had prior to such an offence. This was... | 1AFRHIGH COURT OF CHHATTISGARH BILASPUR Writ PetitionNo. 2726 of 20211.Chamru Sai Yadav S o Prem Sai Yadav Aged About 60 Years R o Village AndPost Machadoli Lalpur P.O. Bango Tahsil Katghora District KorbaChhattisgarh. Petitioner Versus 1.State Of Chhattisgarh Through The Secretary Department Of WaterResources Mahanadi... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.