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A Magistrate cannot order any police officer conduct the investigation : Jammu and Kashmir High Court | Only the Government in exercise of their executive powers can authorize any superior police officer to investigate a case and such direction can be issued by the higher officer to his subordinate officer in the police department. This was held in the judgment passed by a single judge bench comprising of HON’BLE MRS. JU... | HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CRMC No. 134 2018 IA No. 01 2018 Pronounced on: 23rd.06.2020 …. Petitioner(s) Through: Mr. F. S. Butt Advocate Tanveer Ahmed Zargar and another V s Surinder Kumar and another Through: Mr. Koshal Parihar Advocate Coram : HON’BLE MRS. JUSTICE SINDHU SHARMA JUDGE Petitioners seek q... |
Attaining the age of majority do not decide maturity: Punjab and Haryana HC | In the case of Preeti and another v. State of Haryana and others, [CRWP-4181-2020 (O&M)], the High court of Punjab and Haryana had stated that a minor girl is allowed to stay with the mother of the boy with whom she is married. The facts start with a disturbing phenomenon that has gained increasing momentum over th... | on 19 10 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP 4181 2020and in any event except for some photographs there was noevidence of an actual marriage ceremony. They asserted their right to havethe custody of their minor daughter. They pointed out that they had takenrecourse to legal remedies by lodging ... |
High court won’t have the jurisdiction when the appropriate authority is provided under a statutory provision: High Court of Uttarakhand. | Where a statutory provision mentions a competent authority, then a person seeking relief should approach that competent authority and not any other court for relief. A single Judge bench comprising Hon’ble Justice Manoj Kumar Tiwari, in the matter of Yudhir Singh Vs. Union of India and Others (Writ Petition (M/S) No. 1... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 24TH DAY OF JULY 2021 HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI Writ PetitionNo. 13921 Yudhbir Singh. By Mr. B.S. Negi Advocate) Union of India and others. ....Petitioner ...Respondents By Mr. Rakesh Kunwar Additional C.S.C. for the State of Uttarakhand and Mr. Naresh P... |
For an appeal to be maintained under section 37 Arbitration and Conciliation Act, 1996, an arbitral award under section 34 must be refused or set aside: Bombay High Court | Section 37 (1) (c) of the Arbitration and Conciliation act,1996 mentions that for an order to be appealed under section 37, the award granted under section 34 must be refused or set aside. However, If the amendment application for the ground to challenge the refusal of the counterclaim is dismissed, it is not that the ... | on 05 07 2021 on 06 07 skn 1 COMAPP 55.2020.docIN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONCOMMERCIAL APPEAL NO. 55 OF 2020INCHAMBER SUMMONSNO. 445 OF 2019INCOMMERCIAL ARBITRATION PETITION NO. 437 OF 2018Oil & Natural Gas Corporation Ltd.A public sector undertaking incorporated under C... |
Article 227 of Constitution against the dismissal of Arbitration Application can be invoked only if there is Patent Lack of Jurisdiction | The Hon’ble Supreme Court of India in Punjab State Power Corporation V. EMTA Coal Ltd. &Anr. [Special Leave to Appeal (C) No. 8482/2020] held that approaching writ courts against dismissal of an arbitration application by an arbitrator can only be entertained if it is clear that there was a patent lack of inherent... | ITEM NO.9 Court 3SECTION IV B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to AppealNo. 8482 2020 Arising out of impugned final judgment and order dated 10 12 2019 in CWP No. 12700 2019 passed by the High Court of Punjab & Haryana PUNJAB STATE POWER CORPORATION LIMITED Petit... |
Oral gifts of immovable property cannot be made and mere delivery of possession without a written instrument cannot confer title: Sikkim High Court. | In the present case which was brought in front of the Sikkim High Court namely Tenzing Samchok Bhutia V. Health Care & Family Welfare Department and Ors. [W.P. (C) No. 47 of 2020] a writ petition has been filed by the petitioner seeking a mandamus against the Health Care and Family Welfare Department (respondent no... | THE HIGH COURT OF SIKKIM: GANGTOK Civil Extra Ordinary Jurisdiction) SINGLE BENCH: HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE W.P.No. 420 Tenzing Samchok Bhutia S o Late Pema Rinzing Bhutia R o Sela Inn Lodge Phaka Lachung P S Lachung North Sikkim. Presently residing at Indira Bye Pass Gangtok East Sikkim. ….. Peti... |
The mere assertion that the vehicle was being moved at a high speed does not be talked about any negligence or rashness by itself: Tripura High Court | The mere declaration that the vehicle was driven at a high speed is not a reference to either negligence or rapidity. There are, of course, certain constitutional exceptions to criminal activities which cannot be inferred. The Court finds that in the current situation there is no such constitutional exception. Without ... | HIGH COURT OF TRIPURA CRL. A. NO.38 OF 2019 Sri Bibisan Debnath S O Sri Khokan Debnath of Rajapur P.S. Santirbazar District South Tripura. The State of Tripura ….. Convict Appellant(s) ….. Respondent(s) HON’BLE MR. JUSTICE ARINDAM LODH For appellant(s) For respondent(s) Mr. A. Acharjee Advocate Mr. S. Debnath Addl. P.... |
Rule 5 (c) (iii) of HRA Rules restricts a Government servant to claim HRA if their spouse is allotted accommodation by an Autonomous Public Undertaking: High Court of Delhi | According to Rule 5 (c) (iii) of HRA Rules, Government servant shall not be entitled to House Rent Allowance if his wife/her husband has been allotted accommodation at the same station by the Central Government, State Government, an Autonomous Public Undertaking or semi-Government Organization such as Municipality, Por... | J 1 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 10992 2021 & CM No. 33854 2021 Reserved on: 28.09.2021 Decided on: 19.01.2022 JAYABRATA BOSE Through: Mr. A. K. Srivastava Adv. ..... Petitioner UNION OF INDIA & ANR. ..... Respondents Through: Mr. Subhra Prashar Advocate for HON BLE MR. JUSTICE RAJIV SHAKDHER HON BLE... |
The Court granted pre-arrest to the petitioners as they were arrested under Sections 341, 323, 324, 379, 307 and 504 of the Indian Penal Code: High Court of Patna | The petitioners apprehended arrest under section 341 of the Indian Penal Code, “Punishment for wrongful restraint”, section 323, “Punishment for voluntarily causing hurt”, section 324, “Voluntarily causing hurt by dangerous weapons or means”, section 379, “Punishment for theft”, section 307, “Murder attempt” and Sectio... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 33621 Arising Out of PS. Case No. 377 Year 2020 Thana MAJHAULIA District West Champaran 1. Awasar Dewan @ Asar Dewan aged about 29 years Male. Fariyad Dewan aged about 23 years Male. Reyajul Dewan aged about 26 years Male. Zazul Dewan aged about 19 yea... |
Only in exceptional circumstances, when no other remedy is available, can a Writ Petition be filed: Supreme Court | When an alternative remedy is available, the Supreme Court stated that a High Court could hear a writ petition under Article 226 of the Constitution only in the following exceptional circumstances: The revenue argued before the Supreme Court that the High Court erred in accepting the writ petition under Article 226 of ... | IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No 51221 Arising out of SLPNo 136321 @ D No.115520 The Assistant Commissioner of State Tax M s Commercial Steel Limited JUDGMENT Per Dr Dhananjaya Y Chandrachud This appeal arises from a judgment of a Division Bench of the High Court of Telangana dated 4 March 2020 The H... |
The petitioner, unfortunately, failed to avail her chances to clear the backlog paper: Calcutta High Court | Burdwan University Examinations Regulations are unambiguous. The rules mention that a backlog paper had to be cleared within three consecutive chances and if the chances are not availed then they shall be considered to have lapsed. The Hon’ble High Court at Calcutta before Hon’ble Justice Amrita Sinha held such an opin... | IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Present : Hon’ble Justice Amrita Sinha WPA No. 99021 The State of West Bengal & Ors For the writ petitioner For Burdwan University Amrita Sinha J.: Mr. Biswarup Biswas Adv Mr. Nabankur Paul Adv Md. Apzal Ansari Adv Mr. N. C. Bihani Adv Mr. Soumyajit Ghosh A... |
The power of judicial review must be exercised restrictively against the orders passed by the Central Administrative Tribunal: High Court of Delhi | The High Court, in the exercise of its powers under Article 226 of the Constitution of India, does not sit as a Court of Appeal against the orders passed by the learned Central Administrative Tribunal. The power of judicial review must be exercised restrictively and on limited grounds and the same was upheld by High Co... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17.02.2022 Date of decision: 07.03.2022 W.P.(C) 6311 2020 & CMs 22412 2020 23078 2020 AMARJEET SINGH DAGAR ..... Petitioner Through Ms.Tamali Wad Adv. UNION OF INDIA AND OTHERS ..... Respondents Through Mr.Sanjeev Uniyal with Mr.Sachin Chandela and Mr.Dhawal Uniyal H... |
An application under Section 12 of the Domestic Violence Act is not barred by the limitations set out in Section 468 of the Criminal Procedure Code: Karnataka High Court | When the application under Section 12 of the DV Act is not covered under the term ‘offence’, section 468 of Cr. P.C is inapplicable. Therefore the application of Section 468 of Cr.P.C. to an application under Section 12 of the DV Act is a misconception. The judgement was passed by the High Court of Karnataka in the cas... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2021 THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL REVISION PETITION No.730 2019 SRI PUTTARAJU S O LATE MUDDAPPA AGED ABOUT 55 YEARS R AT SHIVAKOTE VILLAGE AND POST HESARAGHATTA HOBLI BANGALORE NORT TALUK 560 088 BY SRI RAJANNA L ADVOCATE) W O ... |
A writ petition against a State or a State’s instrumentality arising from a contractual obligation is maintainable. :Calcutta High Court | “The following legal principles emerge as to the maintainability of a writ petition: (a) In an appropriate case, a writ petition as against a State or an instrumentality of a State arising out of a contractual obligation is maintainable. (b) Merely because some disputed questions of fact arise for consideration, same... | Maa Nandi Keshri Rice Mill & Anr vs The Union Of India & Ors on 6 May 2021 Calcutta High CourtThe petitioners say that the Term Loan of Rs. 108 lakhs has been duly repaid by the petitioners to the satisfaction of the Bank. The Bank has also issued a certificate declaring closure of the Term Loan Account on 16th August ... |
The willingness of the accused to settle indicates merit in complainant’s case [S.138 NI Act]: Allahabad High Court | If the accused is willing to settle or compromise by way of compounding of offence at a later stage, it indicates some merit in the complainant’s case held by Justice Suresh Kumar Gupta in the case of Raj Trading Company V. State of U.P & Anr. [Application u/s 482 no – 12828 of 2020]. Facts related to this case is... | Court No. 53 Case : APPLICATION U S 482 No. 128220 Applicant : Raj Trading Company Opposite Party : State of U.P. and Another Counsel for Applicant : Rajeev Chaddha Counsel for Opposite Party : G.A Hon ble Suresh Kumar Gupta J Heard learned counsel for the applicant the learned A.G.A. for the State and perused the enti... |
“Appellant Authority found that the respondent is not obliged to provide information where the query is vague and not specific.”: SEBI, Part 1. | 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 Prerit Misra v CPIO, SEBI, Mumbai (Appeal No. 4370 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 200... | 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... |
E.A. Aboobacker & Ors. V/S State Of Kerala & Ors. | It is a settled position of jurisprudence that when the law prescribes a procedure to be followed for doing any act or thing then that procedure has to be followed and any violation of such procedure would make the act voidable, if not void. On 05.12.2005, the Government of Kerala accorded administrative sanction to a... | the Special TahsildarCochin Refineries Limited Ernakulam Vytilla Cochin19 K.R.L.”] was empowered to act as Collector under the Land Acquisition Act 1894 of the Act. Thereafter on 15.12.2005 the District Collector Ernakulam issued a Government Order appointing the Special Tahsildar K.R.L. as the Land Acquisition Office... |
“Under S.19(1) of the RTI Act an aggrieved person may prefer the first appeal within thirty days from the receipt of the response from the CPIO of the concerned public authority.”: SEBI, Part 1. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Amarjeet Singh adjudicated in the matter of Geeta Khattar v CPIO, SEBI, Mumbai (Appeal No. 4360 of 2021) dealt with an issue in connection with Section 19 (1) of the Right to Information Act,... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Geeta Khattar CPIO SEBI Mumbai The appellant had filed an application dated April 14 2021 under the Right to Information Act 2005 of the RTI Act an aggrieved person may prefer... |
An electricity connection cannot be denied to the occupant of a property on grounds of the title being disputed: High Court of Delhi | The electricity distributors cannot deny a connection to the occupier of a property on grounds of a title dispute of the mentioned property. This was held in the judgement passed by a single member bench of the High Court of Delhi consisting of Honourable Justice Sanjeev Sachdeva in the case of Sanjana v BSES Yamuna Po... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 25th August 2021 W.P.(C) 7846 2021 SANJANA Petitioner BSES YAMUNA POWER LTD Respondent Advocates who appeared in this case: For the Petitioner : Mr. Harbeer S. Chadha Advocate For the Respondents : Mr. Rishabh Raj Jain Advocate CORAM: HON’BLE MR. JUSTICE SA... |
Under certain circumstances, less than 5 people can be charged of wrongful assembly:Supreme Court | The apex court clarified the position as to whether in a case of wrongful assembly involving less than five people can be allowed in this appeal arising out of special leave petition at the Supreme Court Of India with bench consisting of Justice Ajay Rastogi and Justice Abhay S Oka in matters of Mahendra and Anr. v. St... | 149 of the IPC and sentence of one year RI and a fine of 18 others on that basis FIR was registered on 27.11.2004 at about 13.00 hours and a chargesheet was submitted against the appellants and 18 other accused persons under Sections 148 294 341 149 325 149 323 149 abusing him with filthy language. They were Mahendra ... |
Evidence of approximate age cannot take the place of proof of exact age: High Court of Patna | The evidence of date of birth asper the school records must be given the first preference and medical reports can be resorted only in the absence of such school certificates. This is mentioned in rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 and this was upheld by the Patna High Court by... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo.1518 Arising Out of PS. Case No. 396 Year 2015 Thana DUMRAO District Buxar Arjun Kumar @ Prince S o Ram Prakash Shah R o Village Simari Deo P.S. Karahgar District Rohtas The State of Bihar ... Appellant s ... Respondent s Mr. Vikram Deo Singh Advocate. For the ... |
One individual can not have two birth certificates as it is one of the identity of a person: High Court of Delhi | One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of birth and the same was upheld by high Court Of Delhi through the learned HON’BLE MR. JUSTICE SANJEEV SACHDEVA in t... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 22.02.2022 W.P.(C) 1352 2022 VIPIN SEHRAWAT Petitioner DEPUTY COMMISSIONER SDMC Advocates who appeared in this case: For the Petitioner: Mr. Jai Singh Mann Advocate. For the Respondent: Mr. Arun Panwar Advocate. Respondent CORAM: HON’BLE MR. JUSTICE SANJEEV... |
It is judicial duty to take immediate and proximate facts into evidence to reach a reasonable conclusion – The SECURITIES AND EXCHANGE BOARD OF INDIA | It is judicial duty to take immediate and proximate facts into evidence to reach a reasonable conclusion – The SECURITIES AND EXCHANGE BOARD OF INDIA It is judicial duty to take immediate and proximate facts into evidence to reach a reasonable conclusion in a way an reasonable man would adopt to arrive one and applying... | BEFORE THE ADJUDICATING OFFICER SECURITIES AND EXCHANGE BOARD OF INDIA ADJUDICATION ORDER NO.: Order AP SS 2021 22 14720 UNDER SECTION 15 I OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992 READ WITH RULE 5 OF THE SECURITIES AND EXCHANGE BOARD OF INDIARULES In respect of: Radha Devi Banka PAN: AKNPB5833B In the ma... |
Welfare of child important for custody – Supreme Court re-iterates | In the case of Sri Nilanjan Bhattacharya Vs State of Karnataka [Civil Appeal No 3284 of 2020], Supreme Court held that it would be beneficial for the child to return to the native state because of the differences in language and social customs. The appellant is aggrieved by the conditions which were imposed by the High... | IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No 32820 Arising out of SLPNo 71420 Sri Nilanjan Bhattacharya Appellant(s The State of Karnataka and Others JUDGMENT Dr Justice Dhananjaya Y Chandrachud This appeal arises from a judgment of a Division Bench of the High Court of Karnataka on a petition for habeas corpus ... |
The principle of natural justice is attracted in a case where it is shown that an accrued right is sought to be taken away: Calcutta High Court | It is important that when the police file a final report under Section 173 (2) of the Code of Criminal Procedure, 1973 before the learned Magistrate, the accused gets no indefeasible right to be discharged. The Hon’ble High Court of Calcutta before the Hon’ble Justice Kausik Chanda held such an opinion regarding the ca... | IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION The Hon’ble Justice Kausik Chanda C.R.R. NO. 1027 OF 2020 C.R.A.N. NO. 1 OF 2021 C.R.A.N. NO. 2 OF 2021 SMT.SIULI CHOUDHURY VERSUS THE STATE OF WEST BENGAL AND ANOTHER For the petitioner Mr. Kaushik Gupta Adv. Mr. Siddhartha Sarkar Adv. Mr. Anirban Tarafde... |
Writ challenging appointment to post after unreasonable time to be quashed: Supreme Court of India | In cases when an appointment to the post of a Professor or Lecturer is made in a university and the university has stipulated a certain amount of time as per the act to challenge such appointment, the court cannot entertain a writ challenging such appointment after an unreasonable amount of time has already passed. Thi... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.268 2621 arising out of SLP(C)Nos.17665 176619 CHANCELLOR & ORS ...RESPONDENT(S JUDGMENT ASHOK BHUSHAN J Leave granted. These appeals have been filed challenging the Division Bench judgment of High Court of Judicature at Allahabad Lucknow Bench dated 12.04.2018 by wh... |
When an order granting bail is passed by a lower court, the appellate court must be slow to interfere with such an order: Delhi High Court | In order to establish whether sexual intercourse was committed in the backdrop of a false promise of marriage, it has been held by the Supreme Court that the consent for sexual intercourse which is derived from the prosecutrix must be coerced or misguided, or obtained through deceit as upheld by the High Court of Delhi... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09th NOVEMBER 2021 IN THE MATTER OF: CRL.M.C. 2392 2021 BHAGYASHREE @ MONICA ..... Petitioner Through Mr. Deepak Sharma Advocate STATE OF N.C.T. OF DELHI & ANR. ..... Respondents Through Ms. Meenakshi Chauhan APP for the State with SI Shalini P.S. Laxmi HON BLE ... |
The appellant advised to approach the concerned stock exchange for copy of the IGRP order.: 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. 4305 of 2021) dealt with an issue in connection with the Right to Information Act, 2005. The appellant... | Appeal No. 43021 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA 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 wherein the Hon’ble CIC held that “Further th... |
Judgment of acquittal of co-accused is inadmissible under sections 40 to 44 of the Evidence Act: High Court of Karnataka | Judgment of acquittal of co-accused would not be admissible within meaning of Sections 40 to 44 of the Evidence Act. This was held in UMMER FAROOQ V. STATE OF KARNATAKA[CRIMINAL PETITION NO.6857/2020] in the High Court of Karnataka by single judge bench consisting of JUSTICE H.P. SANDESH. Facts are that the petitioner ... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF MARCH 2021 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.6857 2020 BY SRI LETHIF B. ADVOCATE) … PETITIONER UMMER FAROOQ S O ABDUL KAREEM. K AGED ABOUT 28 YEARS R AT 1 59 3 UKKADA DARBE ALIKE POST ALIKE BANTWALA TALUK D.K. DISTRICT 574 23... |
Cognizance for extension was only for the period of limitation: Delhi High Court | The cognizance for extension of limitation awarded by the court during the Covid-19 pandemic was only on the ‘period of limitation’ and not the period up to which the delay can be condoned. This was held by Hon’ble Justice Asha Menon in the case of Bharat Kalra Vs. Raj Kishan Chhabra [CM (M) 429/2021] on the 12th of Au... | CM429 2021 IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 14th July 2021 Pronounced on: 12th August 2021 + CM429 2021 BHARAT KALRA .....Petitioner Through: Mr. Jitendra Bakshi Advocate Versus RAJ KISHAN CHABRA .....Respondent Through: Mr. Shrey Ashat Advocate CORAM: HON BLE MS. JUSTICE ASHA MENON JUDGMENT 1. Th... |
Vehicle of accused bought via finance from bank to be released and handed over to the Bank, in case where the vehicle is in Police custody: High Court of Bombay at Nagpur | In the present case, a writ petition is filled by the petitioner Bank has challenged the order dated 14.01.2021 passed by the Add. Sessions Judge, Nagpur the application filed by the petitioner-Bank for release of vehicle was rejected. A single-judge bench comprising of Justice Manish Pitale adjudicating the matter of ... | IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 221 2021 PETITIONERS : M s AU Small Finance Bank Limited Formerly known as M s AU Fiananciers India) Limited having its registered office at 19A Dhuleshwar Garned Ajmer Road Jaipur Having its Branch Office at "SAMEEP TOWER" 4th... |
Special (POCSO) case was set aside as no reason was assigned for the cognizance order – Jharkhand high court | Special (POCSO) case was set aside as no reason was assigned for the cognizance order – Jharkhand high court A petition demanding the quashing of entire criminal proceedings and order taking cognizance in Special (POCSO) Case No.22 of 2020 was disposed of because the court found the reason for taking cognizance not rel... | IN THE HIGH COURT OF JHARKHAND RANCHI Ram Nandan Paswan @ Raj Nath Paswan aged about 67 years son of late Jitan Paswan resident of Patna Line Bajrang Chowk P.O. Sidhgora and PS Sidhgora Town Jamshedpur District East SinghbhumCase No.22 of 2020 corresponding to Sidhgora P.S. Case No.169 of 2019 pending in the court of ... |
A person cannot be deprived of this pension without the authority of law, which is the constitutional mandate, enshrined in Article 300-A of the Constitution: Jharkhand High Court | There is an imprimatur to the legal principle that the right to receive a pension is recognised as a right in property. It follows that the attempt of the appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction can... | W.P.(S) No. 9919] IN THE HIGH COURT OF JHARKHAND RANCHI W.P.(S) No. 9919 Manorama Jha aged about 70 years wife of late Dr. Krishna Bandhu Jha resident of Hazaribagh Behind Caramel School PO Hazaribagh Sadar PS Hazaribagh Sadar District Hazaribagh(Jharkhand) Versus ….. Petitioner 1. The State of Jharkhand through the Pr... |
Welfare, education and day-to-day needs are of paramount importance while deciding custody of minor: High Court of Jammu and Kashmir | When the custody of a minor is being decided between two parents, aspects like the welfare, education and day-to-day needs of the child must be given paramount importance by the court. This basis on which custody should be granted was outlined in the judgement passed by a single member bench of the High Court of Jammu ... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CFA no.08 2018 Sameera Begum Khalil Mohammad Hajam Reserved on: 12.04.2021 Pronounced on: 22.06.2021 Through: Mr M. Altaf Khan Advocate Through: Mr H.A.Wani Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE 1. Impugned in this Civil First Appeal is judgement dated... |
Property can be identified either by boundary or by any other specific description is well established: Chhattisgarh High Court | In the case where it is evident that the land has been identified by boundaries by the Commissioner in a demarcation held in presence of the parties then there is no reason for upholding the dispute regarding the ownership. A single-judge bench comprising of Justice Sanjay K. Agrawal adjudicating in the matter of Vinay... | 32 years R o. Kera Road Janjgir Tahsil Janjgir 1. Ganpati S o Ram Ratan aged about 50 years R o Janjgir Tah. Janjgir Distt.JanjgirChampa2. State of Chhattisgarh Through: Collector Janjgir 1. This second appeal preferred by defendant No.1 was “Whether the lower appellate Court was justified in reversing the well rea... |
Where a tenant repudiates the title of the landlord, the protection from eviction under Delhi Rent Control Act cannot be given to him: High Court of Delhi | A tenant can be given protection under Delhi Rent Control Act from eviction only where the jurial relationship of tenant and landlord is not disputed. A perusal of Section 14 of the Act, which gives protection to a tenant against eviction, clearly shows that this protection is available only to the person who is undisp... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : 14th January 2022 Judgment Delivered on : 25th January 2022 CM(M) 964 2019 & CM No.28977 2019INDIRA KUMARI(DECEASED) THR LR Petitioner Through: Mr. K. Sultan Singh Senior Advocate with Mr. Sunil Kumar Advocate BIMLA RANITHR LRS & ORS Respondents Through: M... |
Biratunga S.C.S. Ltd. V/s Sangram Keshari Pati and Ors | The principles of natural justice are violated by not providing an opportunity of hearing, even in the absence of any statutory provision to that effect” [Case Brief] Biratunga S.C.S. Ltd. V/s Sangram Keshari Pati and Ors Case name: Biratunga S.C.S. Ltd. V/s Sangram Keshari Pati and Ors Case number: AIR 2006 Ori 97 Cou... | Biratunga S.C.S. Ltd.Vs Sangram Keshari Pati High Court Of Orissa Writ PetitionNo. 15960 Of 2005 Judgment Date: 25 01 2006 Bench : Citation : HON BLE MR. JUSTICE S.B. ROYHON BLE MR. JUSTICE M.M. DAS } AIR 2006 Ori 97 2006OLR336 M.M. DAS J. 1.) The petitioner in the present writ application has prayed for quashing the o... |
The Court in exceptional cases can exercise power under Section 482 CrPC for quashing cases to prevent misuse of provisions on settled parameters: High Court Of Jharkhand | There was no such legal requirement imposed on a Magistrate for passing detailed orders while issuing summons. The process issued to the accused cannot be quashed merely on the ground that the Magistrate had not passed a speaking order. Such an opinion was held by The Hon’ble High Court of Jharkhand before The Hon’ble ... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 5621 1. Binoy Kumar Jha @ Binay Kr. Jha aged 56 years S o Nitya Nand Jha R o Village House No.87 Ward No.02 P.O. & P.S. Pathrol Dist 2. Vikash Kumar Jha @ Bikash Kr. Jha aged 25 years S o Bameshwar Nath Jha R o Village Lakhibazaar Jamini P.O. & P.S. Pathrol Dist 3. B... |
The injuries inflicted without premeditation in a sudden provocation to fall under Section 304 IPC: Supreme Court | In a case where the cause of provocation was sudden, without premeditation, the appellant was liable to be convicted for an offence under Section 304 Part I. The Court, in the matter of Pardeshiram vs. State of M.P. (Now Chhattisgarh) [CRIMINAL APPEAL NO. 1730 OF 2015], concluded from the facts and circumstances that t... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1730 OF 2015 STATE OF M.P.son of the deceased. As per the statement on the date of the incident the deceased returned from his field after delivering fertiliser on his Bullock Cart. The deceased was to take another round to deliver fertiliser but in the meantim... |
A person who took a loan, is bound to repay the principal amount as well as the amount of accrued interest: High Court of Uttarakhand. | Where a person has taken a loan, he is bound to repay the principal amount and the accrued interest. And where such a person is ordered by the court to repay the same, and if such person does not comply to it, then he does not deserve any sympathy or indulgence of this Court. A single Judge bench comprising Hon’ble Jus... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 20TH DAY OF JULY 2021 HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI Writ PetitionNo. 13721 Bhupal Ram By Mr. Ganesh Kandpal Advocate) District Magistrate Collector Bageshwar others By Mr. Rakesh Kunwar learned Additional C.S.C. for the State of Uttarakhand and Mr. M.S. Rawa... |
Insolvency and Bankruptcy Code is a special enactment for resolution of a financial debt: Supreme Court of India | There was no substance to the second ground urged by the appellant regarding the maintainability of the application filed by the respondent financial creditor under Section 7 of the IB Code on the ground of being barred by limitation and that the code is a special enactment for the resolution of financial debt and it i... | Two central issues arise for our determination in this i) Whether an action under Section 7 of the Insolvency and Bankruptcy Code 20161 can be corporate person and an additional amount of Rs.2 45 00 000 Rupees two crore fortyfive lakhs only) respectively. The loan Metals Limited5 of which the appellant is also a Pro... |
Settlement order passed with regard to the suo motu settlement application filed – THE SECURITIES AND EXCHANGE BOARD OF INDIA | Settlement order passed with regard to the suo motu settlement application filed – THE SECURITIES AND EXCHANGE BOARD OF INDIA Applicant Mrs. Amrita Prabhakar Deodhar filed a suo motu settlement application proposing to settle, without admitting or denying the findings of fact and conclusions of law, through a settleme... | Appeal No. 45821 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 45821 Geeta Khattar CPIO SEBI Mumbai The appellant had filed an application dated November 24 2021 under the Right to Information Act 2005of the RTI Act for providing information in... |
During a vehicle search section, 50 NDPS Act is not necessary to be complied with: Supreme Court of India |
The provisions laid down under section 50 NDPS Act are only required to be mandatorily followed in case of searching a person, On an occasion of a vehicle search, it is not necessary to comply with section 50 NDPS Act. Such an observation was made by the Hon’ble Supreme Court of India before Hon’ble Justice INDIRA BAN... | ARISING OUT OF SPECIAL LEAVE PETITIONNO. OF 8425 OF 2021 2. This appeal has been filed arising out of the judgment dated 25.11.2017 passed by High Court of Judicature of Rajasthan Bench at Jaipur in Criminal Appeal No. 4912 N.D.P.S.) Jhalawar Rajasthan in Sessions Case No. 49 of as "NDPS Act") and sentenced to undergo... |
An accused must be allowed to prepare his defence adequately has also to be considered by the court : High Court of Meghalaya | It is well settled that the High Court, or for that matter all Courts dealing with bail jurisdiction are called upon to exercise its discretion judiciously, cautiously and in strict compliance with the basic principles as upheld by the High Court of Meghalaya through the learned bench led by Justice W. Diengdoh in the ... | Serial No. 01 Regular List BA. No. 21 HIGH COURT OF MEGHALAYA AT SHILLONG Date of Decision: 20.09.2021 Smti. Aibakor Kharbuli State of Meghalaya. Hon’ble Mr. Justice W. Diengdoh Judge Mr. K. Ch. Gautam Adv. Mr. H. Abraham GA. For the Petitioner Appellant(s) For the Respondent(s) i) Whether approved for reporting in Law... |
No appeal can be entertained without proper establishment of witnesses and evidence – Bombay High Court | In criminal cases, the evidence plays the most important role. If witness and evidence for the same are not established, then a thousand appeals also can’t help in a case. Therefore, proving the evidence in a criminal matter is the most intrinsic part of it. The mensrea and actus rea are correlated to each, which shows... | 904) Apeal 504 20.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.504 OF 2020 Nikhil Dnyanoba Tambalge Aged 24 years R o: Balajinagar Medankarwadi Chakan Tal. Khed District: PuneAct 1989challenging the order dated 28.08.2020 passed by the Court of Special Judge Pune wher... |
Anand Sarup Sharma vs P.P. Khurana and Others | Introduction: The court in the present case dealt with the third-party liability, where the insured had sold his scooter while the scooter was still registered in his name. It also dealt with the question of who would have to pay compensation in cases like these and whether the appellant could claim compensation from t... | Anand Sarup Sharma vs P.P. Khurana And Others on 28 September 1988 Delhi High Court Anand Sarup Sharma vs P.P. Khurana And Others on 28 September 1988 Equivalent citations: AIR 1989 Delhi 88 1989 65 CompCas 413 Delhi 1989DRJ 27 1988 RLR Author: G Jain Bench: G Jain S Chadha S Bhandare JUDGMENT G.C. Jain J 1. A learned ... |
A settlement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding: High Court of Delhi | Upon a settlement being entered into, parties may place the same before the forum concerned and the same can be recorded, upon the Court being satisfied that the terms are legal, just and fair. A settlement under Section 18(1) would be binding on the parties. Settlements reached before the conciliation officers or boar... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08th FEBRUARY 2022 IN THE MATTER OF: BAIL APPLN. 3424 2021 PRIYARANJAN SHARMA STATE OF NCT OF DELHI ..... Petitioner Through Mr. Amit Chaturvedi Mr. Sumit Kumar Shukla Ms. Radha R Tarkar Advocates ..... Respondent Through Mr. Amit Chadha APP for the State with S... |
Non lodging of FIR cannot be the circumstance against the witness examined by the employer: Supreme Court of India | The initiation of criminal proceedings against an employee or not initiating the proceedings has no bearing to prove misconduct in departmental proceedings. Therefore, an order of removal from service cannot be said to be unfair and unjust in any manner which would warrant an interference at the hands of the Tribunal a... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7536 OF 2021 ARISING OUT OF SLPNO. 12369 OF 2021 UTTAR PRADESH STATE ROAD TRANSPORT .....APPELLANT(S JUDGMENT HEMANT GUPTA J The order dated 20.1.2021 passed by the High Court of Allahabad is the subject matter of challenge in the present appeal at the instance of th... |
Written dying declaration is preferred over oral dying declaration in case there is any conflict between the two of them: Chhattisgarh High court | Dying declaration in writing when issued by Executive Magistrate without any pressure, the written dying declaration holds a much higher evidentiary value than the oral dying declaration. A single-judge bench comprising of Justice Arvind Singh Chandel adjudicating in the matter of Sanjay Sahu v. State of Chhatisgarh (C... | HIGH COURT OF CHHATTISGARH BILASPUR Criminal Appeal No.2202 Judgment Reserved on : 19.3 . 2021 Judgment Delivered on : 24.5.2021 Sanjay Sahu son of Dehul Ram Sahu aged about 24 years resident of Village Parana P.S. Arjunda District Durg Chhattisgarh State of Chhattisgarh Appellant Respondent For Appellant Shri N.S. Dhu... |
Re-verification of the necessary election process and consider the objection made in the election process before publishing final electoral role – Manipur high court | Re-verification of the necessary election process and consider the objection made in the election process before publishing final electoral role – Manipur high court A writ petition questioning the objection made against the election commission not considering the necessary issue against the election process and false ... | Item No. 19 Through video conferencing) IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P.(C) No. 9921 Versus …. Petitioner s Khundongbam Raheshwor Singh & 19 Ors. Union of India & 17 Ors. HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH Respondent s Heard Mr. I. Bikramjit learned counsel appearing for the petitioners Mr. W. Darakish... |
Technical members, in their position at the board can function without a chairperson: Supreme Court of India. | The technical members, in their position at the board, can function without a chairperson. The Section 85 of TM Act inter alia stipulates the qualifications for the post of chairperson or vice-chairperson. The relevant provisions of this section reveal that there is no bar for a technical member to be appointed as a r... | IN THE CIVIL ORIGINAL JURISDICTION MISCELLANEOUS APPLICATION NO.2219 2020 IN THE INTERNATIONAL ASSOCIATION FOR PROTECTION OF INTELLECTUAL PROPERTY…APPLICANT(S UNION OF INDIA S. RAVINDRA BHAT J This judgement will dispose of an application by which directions are sought that till a new chairperson of the Intellectual P... |
The scope of interference with the judgment of acquittal recorded by the trial Court is very limited : Jammu High Court | While the constitution guarantees more powers to the higher courts , it doesn’t necessarily mean that the verdicts of lower courts get dismissed easily. This was held in the judgment passed by a one bench judge comprising HON’BLE MR. JUSTICE SANJEEV KUMAR JUDGE, in the matter State of J&K V. Rohit Kumar (MA 534/201... | IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU CRAA 75 2012 Reserved on: 06.08.2021 Pronounced on: 10 .08.2021 State of J&K Through: Mr.Aseem Sawhney AAG ... Appellant(s) Rohit Kumar Through: None CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR JUDGE This appeal by the State is directed against the judgment dated ... |
Candidates cannot challenge selection process without concrete evidence: Himachal Pradesh High Court | Once a candidate has accepted a particular selection process and has participated in the same without challenging it, she/he cannot challenge such a process upon not being selected, in the court of law without concrete evidence. The High Court Bench of Himachal Pradesh, consisting of J. Sandeep Sharma, in the case of M... | Hig h C o urt of H.P on 15 11 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CWPOA No. 59919 Reserved on: November 10 2020 Decided on: November 13 2020 _______________________________________________________________ Mukesh Thakur and others …..Petitioners Versus State of Himachal Pradesh and others ….Respondents _... |
It is understood that the respondent is not supposed to create information; or to interpret information; or to furnish clarification to the appellant under the ambit of the RTI Act.: 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. 4304 of 2021) dealt with an issue in connection with the Right to Information Act, 2005. The appellant... | Appeal No. 43021 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA 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 as per the format provided in the application... |
Customary Divorce is not an exception u/s 29(2) of the Hindu Marriage Act: Calcutta High Court | Mere obtaining a customary divorce does not constitute or envisaged as an exception u/s 29(2) of the Hindu Marriage Act, 1955 and for such divorces, a deed of declaration needs to be established to make it valid. A single bench of Hon’ble Justice Sabyasachi Bhattacharyya gave the judgment in the case of Krishna Veni vs... | In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya WPA No. 23418 Smt. Krishna Veni The Union of India and others For the petitioner For the respondent nos. 1 2 and 4 For the respondent no.9 Hearing concluded on Judgment on Sabyasachi Bhattacharyya ... |
The petitioner was released on bail upon furnishing bail bonds after being apprehended under Section 392 of the Indian Penal Code: High court of Patna | The petitioner was taken into custody after being accused under Section 392 of the Indian Penal Code,” Punishment for robbery.” This arrest is in connection with Athmalgola PS Case No. 182 of 2018 dated 10.08.2018. This judgment was given in the high court of Judicature at Patna by honorable Mr. Justice Ahsanuddin Aman... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 377020 Arising Out of PS. Case No. 182 Year 2018 Thana ATHMALGOLA District Patna Gautam Kumar aged about 22 years Male Son of Sukesh Singh Resident of Village Achuara PS Barh District Patna The State of Bihar ... Petitioner s For the Petitioner s For t... |
Judgement rendered by a Probate Court is a judgement in rem: High court of Jammu and Kashmir | Once a will has been officially proven to be valid, the court cannot interfere and consider the validity of the will again in the proceedings. This was decided in the case of Saqib Ali Shah and others v. State of J&K and another [CRM(M) No. 611/2019 and CRM(M) No. 1421/2019] by Hon’ble Justice Sanjay Dhar at the Hi... | HIGH COURT OF JAMMU AND KASHMIR AT JAMMU THROUGH VIRTUAL MODE) CRM(M) No. 611 2019 CrlM No. 1421 2019 Reserved on 30.12.2020 Pronounced on 27 .01.2021 Petitioner(s) Through : Mr.Virender Bhat Advocate Saqib Ali Shah and others State of J&K and another Respondents(s) Through : Mr. Raman Sharma AAG for R 1. Ms. Meenaksh... |
Claim to succession cannot be decided by a Revenue Tribunal: Telangana High Court | The claim of petitioners to succeed to tenancy rights of their ancestor cannot be decided by the Tahsildar and appropriate remedy from the civil court must be obtained. This was decreed by Hon’ble Justice Sri P. Naveen Rao in the case of B. Malla Reddy Vs. The state of Telangana [WRIT PETITION Nos.14924 AND 15031 of 20... | IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA WRIT PETITION Nos.14924 AND 150321 Date: 27.07.2021 W.P.No.149221: B.Malla Reddy S o B. Janga Reddy Aged 68 years Occ: Agriculture R o H.No.1 34 Kummera Village Chevalla Mandal Ranga Reddy District and others. And The State of Telangana Revenue Rep. by its Prin... |
A change in policy must be made fairly and should not give the impression that it was so done arbitrarily or by any ulterior criteria: High Court of Delhi | A person may have a “legitimate expectation” of being treated in a certain way by an administrative authority even though he has no legal right in private law to receive such treatment. A change in policy must be made fairly and should not give the impression that it was so done arbitrarily or by any ulterior criteria.... | Via Video Conferencing IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13.01.2022 Petitioner Through Mr. Parikshit Mahipal Adv. Through Mr. Amit Mahajan Adv. ….. Respondent W.P.(C) 6916 2020 SHAKTI INDUSTRIES REKHA PALLI JUNION OF INDIA HON BLE MS. JUSTICE REKHA PALLI The present petition under Article 226 of... |
When an appeal order is not decided on merits then it cannot be said that the order has attained complete finality: Meghalaya High Court | The order impugned would govern the decision-making process at the writ court stage, the independent petitions filed by the present applicants may suffer the same fate. Such an opinion was held by The Hon’ble High Court of Meghalaya before The Hon’ble Mr. Chief Justice Sanjib Banerjee and The Hon’ble Mr. Justice W. Die... | Serial No.02 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MCNo.67 2021 Date of Order: 25.11.2021 Srilekha Das Purkayastha & ors Vs. Director General Assam Rifles & 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) Whe... |
Videography during election without causing any manner of disturbance to the voters shall be permitted: Kerala High Court | During the process of election, videography shall be permitted, without causing any manner of disturbance to the voters and officials or in any manner interfering with the balloting done in the polling booths. This was decided in the case of Ajitha K. vs The Returning Officer & Ors [W.P.(C) No.3025 OF 2021(C)] and ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY THE 12TH DAY OF FEBRUARY 2021 23RD MAGHA 1942 W.P.(C) No.3025 OF 2021(C AGED 42 YEARS W O. SRENDRAN.C. PPK BHAVAN PATTANUR THALASSERY TALUK KANUR 670 595 BY ADV. SRI.PRANOY K.KOTTARAM THE RETURNING OFFICER ELECTION TO THE PATTAN... |
The order dismissing the complaint for default or non-prosecution does not touch upon the factual or legal merits of the complaint: The High Court of Delhi | In pre- summoning stage an order dismissing a complaint for non- prosecution or in default does not touch upon the factual or legal merits of the complaint and restoration of such petition, even without notice to the other side, does not cause any prejudice to the opposite side. The aforesaid has been established in th... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th JUNE 2021 CRL.M.C. 669 2021 & CRL.M.A. 3272 2021MANPREET KAUR & ANR. ..... Petitioners Through Mr. Ritesh Khatri Advocate VINOD BANSAL ..... Respondent Through None HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PRASAD J. The present petition under Sect... |
Detention order to be quashed if the detaining authority has also failed to express any such compelling reason in Reply Affidavit. : Srinagar High Court | Detention goes against the fundamental rights guaranteed by the constitution, it is only warranted and justified if it is supported by strong reasons after having followed the procedural requirements. This was held in the judgment passed by a single bench judge Hon’ble Mr. Justice Javed Iqbal Wani, Judge, in the matter... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(Crl) No.405 2019 CrlM No. 775 2019 Salman Ahmad Dar State of Jammu and Kashmirand others Reserved on: 04.08.2021 Pronounced on:05.08.2021. ...PetitionerThrough:Mr. Sajad Geelani Advocate Through:Mr. Asif Maqbool Dy.AG Hon’ble Mr. Justice Javed Iqbal Wani Judge Thr... |
Compassionate Grant policy applied retrospectively: Supreme Court of India | Tribal Welfare Department was entitled to the compassionate appointment as per the existing policy on the date of his demise unless the subsequent policy is made applicable retrospectively held by Justice Sanjay Kishan Kaul in the case of State of Madhya Pradesh & Ors. Vs Amit Shrivas [Civil Appeal No. 8564 of 2015... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8564 OF 2015 STATE OF MADHYA PRADESH & ORS JUDGMENT SANJAY KISHAN KAUL J The respondent raises a claim of entitlement to compassionate appointment on account of the demise of his father late Shri Ranglal Shrivas who was working as a Driver in the Tribal Welfare Depar... |
Chhattisgarh High Court dismissed the first bail application in a miscellaneous criminal case of serious nature. | There is the bail application in the case of Chaman Namdev Vs. State of Chhattisgarh [MCRC No. 1609 of 2021] which was decided in the High Court of Chhattisgarh on 6th August 2021 by Hon’ble Shri Justice Goutam Bhaduri. The application was first applied in the above-mentioned case under section 439 of Code of Criminal ... | HIGH COURT OF CHHATTISGARH BILASPUR MCRC No. 16021 • Chaman NamdevS o Shri Rajesh Namdev Aged About 23 Years R o Chantidih Near Sai Mandir Police Station Sarkanda District Bilaspur Chhattisgarh Applicant • State Of Chhattisgarh Through Station House Officer Police Station Sarkanda District Bilaspur Chhattisgarh MCRC N... |
Foreign national held for smuggling foreign currency granted permission to visit native place: The High Court of Delhi | Lady aged 54, caught in currency smuggling case allowed by the Delhi High Court to visit her native place keeping in view several factors including age, medical conditions and family requirements, on deposit of a certain amount and promise to return unconditionally after 6 months duration. The aforementioned was the ac... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV. P. 137 2021 Pronounced on : 11.06.2021 CHEN HSUI YUN Through: Mr. Priyanshu Upadhayay and Mr Amit Kumar Attri Advocates DIRECTORATE OF REVENUE INTELLIGENCE Through: Mr. Satish Aggarwal Sr.SPP with Mr. Gagan Vaswani Advocate HON BLE MR. JUSTICE RAJNISH BHATNAGAR RAJNISH B... |
Election candidates not to affix posters on public/ private property without permission: Madras High Court | A strict mandate not to affix posters of election candidates on the walls of public and private property without proper permission with regards to the upcoming Tamil Nadu Urban Local Body Polls was given by the High Court of Madras through the bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakr... | W.P.No.32222 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.02.2022CORAM :THE HON BLE MR.MUNISHWAR NATH BHANDARI CHIEF JUSTICEANDTHE HON BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.32222P.Arumugam.. Petitioner Vs.1. The Tamil Nadu State Election Commissioner Office of the Tamil Nadu State Election Commission No.20... |
The accused person has committed the said offence, then, the Court has the power to call such other person and to join him in the proceedings for the said offence: High Court of Allahabad | At the time of inquiry or at the time of the trial of an offence, the evidence collected or recorded discloses that any person other than the accused has committed the said offence, then, the Court has the power to call such other person and join him in the proceedings for the said offence and the same issue was held i... | 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... |
Weightage is given to the seriousness of the crime over the examination of the witnesses’ statements: Supreme Court of India | The appellant is the father of the deceased and this appeal was brought to light with regard to a judgment given by a single judge in the High Court of Judicature for Rajasthan at the Bench at Jaipur on the 12th February 2021 where the respondent was granted bail after being convicted for murder. In the Supreme Court o... | IN THE CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 10821 Arising Out of SLPNo. 40721 Shri Mahadev Meena ….. Appellant Praveen Rathore And Another ….. Respondents JUDGMENT Dr Dhananjaya Y Chandrachud J This appeal arises from a judgment dated 12 February 2021 of a Single Judge of the High Court of Judicature for... |
Answer key is subject to judicial review only when it is “demonstrably wrong”: Delhi HC | There is always a presumption of correctness regarding the answer key of an exam held and it may be subject to judicial review only when it is “demonstrably wrong”. Therefore, it must be such as no reasonable body of men well-versed in the particular subject would regard it as correct. This remarkable judgement was pas... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.7346 2020 SHIVNATH TRIPATHI THE REGISTRAR GENERAL HIGH COURT OF DELHI AND ANR. ..... Petitioner Petitioner in person. Through: Mr.Sanjoy Ghose Advocate with ...... Respondents Mr.Naman Jain Advocate and Mr.Manish Aggarwal JRThe petition has been heard by way of video conferen... |
The Writ of Habeus Corpus denied to the Wife on the grounds that the Husband was not illegally detained: The High Court of Chhattisgarh | The writ of Habeus corpus is provided in the constitution in Article 226. The definition of habeas corpus has not been in the constitution but has been interpreted in zillions of different cases in India. The literal meaning of habeas corpus is “you shall have the body”. Mr Amit Kumar Pandey has not been allowed for th... | HIGH COURT OF CHHATTISGARH BILASPUR WPHC No. 121 Smt.Astha Pandey W o Amit Kumar Pandey Aged about 26 years R o Gouri Ganesh Vihar Mungeli Road Bilaspur District BilaspurPetitioner State of Chhattisgarh Through The Secretary Department of Home Affairs Atal Nagar Naya Raipur Raipur District RaipurThe Station House Offic... |
Section 12 of Employee’s Compensation Act imposes the liability of payment of compensation on the principal: The High Court of Delhi | If a person suffers an accident during the course of his employment while undertaking an activity concerned with the same, the employer of the aggrieved person is liable to compensate his employee after taking into consideration several factors including the age, the minimum wages and the disability certificate issued ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18th June 2021 FAO 193 2019 & CM APPLs.17224 2019 43531 2019 26992 2020 & 30265 2020 M S ANSHUL TRADERS Appellant Through: Mr. Raghu Vasishth Advocate THE COMMISSIONER LABOUR WELFARE CENTRE AND ANR. Respondents Through: Mr. R.K. Nain Advocate for respondent No.... |
A statement under Section 313 of Cr.P.C. is not evidence but an explanation: High Court of Jharkhand | The Court was of the considered view that the prosecution was not able to prove the case beyond all reasonable doubt. 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 [... | 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 High court cannot overlook the statutory limits on its power under Section 482: Supreme Court of India. | The words ‘to secure the ends of justice’ in Section 482 cannot mean to overlook the undermining of a statutory dictate, which in this case is the provisions of Section 14, and Section 17 of the IBC. This honorable judgement was passed by Supreme Court of India in the case of Sandeep Khaitan, Resolution Professional fo... | SANDEEP KHAITAN RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LTD. … APPELLANT(S IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.447 OF 2021 Arising out of SLPNo. 15421) JSVM PLYWOOD INDUSTRIES LTD. & Anr. … RESPONDENT(S) VERSUS JUDGMENT K.M. JOSEPH J. Leave granted. 1. The appeal is directed agains... |
Adverse possession cannot be established without proving the essential ingredients, nec vi, nec clam and nec precario: High Court of Chhattisgarh | For a person to prove that they has the right over some property through adverse possession, they must fulfil the essential ingredients: (i) nec vi meaning without force, (ii) nec clam meaning without secrecy and (iii) nec precario meaning without permission. This was held in the judgement passed by a single member ben... | HIGH COURT OF CHHATTISGARH BILASPUR Second Appeal No.411 Judgment reserved on: 6 7 2021 Judgment delivered on: 13 7 2021 Radheshyam Pathakthrough legal representatives 1A. Smt. Usha Mishra W o Late Shri R.A. Mishra R o Chhoti Koni 1B. Smt. Nisha Sharma W o A.P. Sharma R o Ganganagar Bilaspur 1C. Smt. Shandhya Dube W o ... |
Where prima facie evidence of involvement in grave offense is present, Court is not inclined to grant bail: High Court of New Delhi | The role attributed to the petitioner is not confined to participation in the mob of rioters but of heading the large crowd, holding a pistol in hand and releasing open fire shots. The video clipping and pictures played before this Court have shaken the conscience of this Court how petitioner could take law and order i... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 09.04.2021 Pronounced on: 15.04.2021 BAIL APPLN. 664 2021 SHAHRUKH PATHAN @ KHAN Petitioner Through: Mr. Khalid Akhtar Mr.Mohammad Shadan Mr.Bilal Khan Mr.Maaz Akhtar & Mr.Sheikh Bakhtyar THE STATE OF NCT OF DELHI Through: Mr. Amit Mahajan & Mr. Rajat Nair Respondent... |
Imposing a Bail Condition to keep a Foreigner in Detention Center is not in violation of Article 21: Karnataka High Court | Imposing a Bail Condition to keep a Foreigner in Detention Centre is not in violation of Article 21: Karnataka High Court Imposing of a condition of placing in a Detention Center cannot be said to be illegal and unjustifiable and is not violative of Article 21 of the Constitution held by Justice Hanchte Sanjeevkumar in... | IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 04TH DAY OF SEPTEMBER 2020 BEFORE THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO.200595 2020 Toichubek Uulu Bakytbek S o Toichubek Age: about 31 Years R o Kapsalamou 4 1 Kazakhspan City & Country Kyrgyzstan Now at Ratkalpur Mosque Bidar 5... |
False implication of Pre-Occurred Injuries upon the Petitioners as been caused by them by the Informant: High Court Of Patna | The Petitioners alleged of hitting the informant hard on the head with an iron rod were granted bail on finding that there existed pre- occurred injuries on the informant’s head and body. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Md Kajim and others v. The State of Bihar[Crim... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 588221 Arising Out of PS. Case No. 233 Year 2020 Thana LODIPUR District Bhagalpur 1. Md Kajim @ Md Kazim aged about 50 years Male Son of Late Md. Ismail Barku. 2. Md Hamayu @ Md Hemayu aged about 18 years Male Son of Md. Kajim Md. Kazim Both resident o... |
Neither the recruitment rules nor the offer of appointment can override the service rules, regulations and statutory provisions: Tripura High Court | Neither the recruiting rules nor the advertising nor the offer of appointment will circumvent the service rules, legislation and regulatory requirements. Even if the advertising provided that an appointee shall be put under fixed salary for a term of 5 years, never explained that even if the laws and regulations so inc... | HIGH COURT OF TRIPURA WP(C) No.290 2020 Smt. Aparna Chowdhury Reang D O Sri. Satrunjoy Prasad Chowdhury Resident of Village + P.O Fulkumari No 2 P.S R.K Pur District Gomati Pin 799113. Petitioner(s) 1. The State of Tripura New Secretariat Building New Capital Complex Kunjaban PS New Capital Complex Agartala West Tripu... |
Selections overlooked earlier than 10 years cannot be overseen and be the subject of interference : Supreme Court of India | The court will not interfere in matters like selections for posts in a police force that took place more than a decade ago. This was held in the judgement passed by a bench consisting of Justice L. Nageswara Rao and Justice Aniruddha Bose in the case of Arvind Kumar Tiwari & Others v The State of Uttar Pradesh [W.P... | Non Reportable IN THE CIVIL ORIGINAL JURISDICTION Writ PetitionNo.13618 Arvind Kumar Tiwari & Ors .... Petitioner(s The State of Uttar Pradesh & Ors. …. RespondentNo.13319 Writ PetitionNo.6019 Writ PetitionNo.14818 Writ PetitionNo.419 Writ PetitionNo.419 Writ PetitionNo.3319 Writ PetitionNo.2619 Writ PetitionNo.3319 Wr... |
Where the personal income of the wife is insufficient she can claim maintenance under Section 125 CrPC: High Court of New Delhi | Section 125 Cr.P.C have been enacted to remedy/reduce the financial sufferings of a lady, who was forced to leave her matrimonial house, so that some arrangements could be made to enable her to sustain herself. A husband cannot avoid his obligation to maintain his wife and children except if any legally permissibly gro... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P. 820 2018 & CRL.M.A.32656 2018 IN THE MATTER OF: Date of decision: 05th April 2021 JAIVEER SINGH ..... Petitioner Through: Mr. Neerad Pandey Advocate SUNITA CHAUDHARY Through: Mr. D.K.Sharma Advocate ..... Respondent HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PR... |
Not allowed to face the ordeal of deal as no grave suspicion raised against the respondents: The High of Calcutta | The family matter linked to Section 498A, 307 and 34 of the Indian Penal Code, allowed petitioner number 4 &5 to not face the ordeal of trial as there was no grave suspicion from the materials on record. Petitioners 1,2 &3 have to face the trial. The High Court of Calcutta led through the single bench by Mr Jus... | IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION THE HON’BLE JUSTICE TIRTHANKAR GHOSH C.R.R. 24412 Sukla Mukherjee & Ors. vs. The State of West Bengal For the Petitioners Mr. Jayanta Narayan Chatterjee For the State Mr. Nazir Ahmed Mr. Supreem Naskar Ms. Ritushree Banerjee Mr. Rana Mukherjee Ms. Sujata D... |
Chairman cannot extend office once retired as a member of Standing Committee as per S.21 Maharashtra Municipal Corporations Act, 1949: Bombay High Court | As per section 21 of the Maharashtra Municipal Corporations Act, 1949, the chairman shall vacate the office as soon as he ceases to be a member of the committee. Therefore, there is no legal basis to contend that he shall be deemed to continue as chairman. This judgment was passed in the case of Bhagwan Shankar Bhalera... | on 09 06 2021 on 22 03 sg1 911. wp951 21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONWRIT PETITION NO.951 OF 2021O.K. Marine Through its Sole Proprietor Mr. Munawar Amirali Mukadam..Petitionerv s.Oil And Natural Gas Corporation Ltd. And Ors...Respondents….Mr. R.D. Soni i b. Irvin D’souza f... |
The mere fact that the appellant was not brave enough to conceal where the victim was hiding did not make him a part of the unlawful assembly: Supreme Court Of India | The possibility of often people gathering at the scene of offence out of curiosity but that did not make them share the common object of the assembly. The Court must guard against the possibility of convicting mere passive onlookers who did not share the common object of the unlawful assembly. There must be reasonable ... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO._1526__ of 2021 Arising out of Special Leave to AppealNo.78119 … Appellant STATE OF ASSAM & ORS JUDGMENT SANJAY KISHAN KAUL J A land dispute caused the loss of life of Abdul Wahab PW 6 daughter of the deceased) PW 10and PW 11did not mention the appellant at all... |
Not mandatory to produce the accused before the Gazetted Magistrate under Section 50 of NDPS Act if he voluntary waives this right: The High Court of Delhi | The person to be searched is mandatorily required to be taken by the empowered officer, for the conduct of the proposed search before a Gazetted Officer or Magistrate, only “if he so requires”, upon being informed of the existence of his right to be searched before a Gazetted Officer or Magistrate and not if he waives ... | J 1 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved via Video Conferencing On : 05.02.2021 Judgment Pronounced via Video Conferencing On : 04.06.2021 BAIL APPLN. 2641 2018 & CRL.M.(BAIL) 555 2021 NABI ALAM @ ABBAS Applicant STATERespondents Mr. Aldanish Rein Advocate. Advocates who appeared in this case: For ... |
Election process cannot be interfered with once commenced : Kerala High Court | Once the election process is commenced, the same cannot be interfered with. The High Court bench consisting of J. C. T. Ravikumar and J. K. Haripal, dismissed a writ appeal in the matter of Sunny Cherian & Ors. v. The Electoral Officer & Ors. [W.A. No. 38/2021]. The writ petitioners/ appellants filed a writ pet... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY THE 07TH DAY OF JANUARY 2021 17TH POUSHA 1942 WA.No.38 OF 2021 AGAINST THE ORDER DATED 22.12.2020 IN WP(C) 27583 2020(W) OF HIGH COURT OF KERALA SUNNY CHERIAN AGED 54 YEARS S O.CHERIAN KUTTIPPU... |
Witnesses becoming hostile cannot be ignored or pardoned: Bombay High Court | Hostile witnesses are those whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. Bombay High Court stated that legal actions must be taken against such witnesses because they are cancerous to the rule of law and the just... | on 19 01 2021 on 05 02 1 crapeal40o15IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPEAL NO.40 OF 2015Saraswati w o Ganpat Landge Age : 66 years Occupation : Nil R o Gawaligalli Raviwar Peth Ambajogai Tq.Ambajogai District Beed....APPELLANT ACCUSED versus The State of Maharashtra.(Copy to be se... |
Petitioner’s bail rejected under POSCO Act: Karnataka High court | Protection of child from Sexual Offences Act commonly referred to as POSCO Act 2012, this act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography provided for establishment for special courts for trial of such offences and related matters and incidents. The criminal p... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY 2022 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.9804 2021 BETWEEN: SALMAN S O RIYAZ OCC: WELDER AGED ABOUT 20 YEARS R O CHAMUNDI LAYOUT 1ST CROSS GANDHINAGARA TIPTUR TALUK TIPTUR TUMKUR DISTRICT 572201. ...PETITIONER BY SRI P.... |
Copyright protection is available only to the cinematograph film including the sound track: High Court Of New Delhi | This is an application filed by the plaintiff seeking an ex-parte ad interim injunction to restrain the defendant, and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE JAYANT NATH, in the matter SHRI RISHI RAJ V. SAREGAMA INDIA LTD dealt with an issue mentioned abov... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 08.03.2021 Judgment Pronounced on: 09.11.2021 CS(COMM) 403 2017 SHRI RISHI RAJ Plaintiff Through Mr.Harish Malhotra Sr.Adv. with Mr.Rajender Agarwal Adv. SAREGAMA INDIA LTD. ..... Defendant Through Mr.Sanjeev Sindhwani Sr.Adv. with Mr.Ankur Sangal Ms.Suchet... |
CBI investigation should be ordered in the rarest of rare cases otherwise CBI would be flooded with a large number of cases : High Court of Delhi | CBI would be flooded with a large number of cases if it starts investigating every cases and with limited resources may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations and same was upheld by High Court of Delhi in the ca... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 444 2022 & C.M.Nos.3850 3851 2022 MANOHAR LAL SHARMA ADVOCATE Petitioner in person with Ms.Suman UNION OF INDIA & ORS Through: Mr.Ajay Digpaul CGSC with Mr.Kamal R.Digpaul and Ms.Pinky Yadav Advocates for UOI Mr.Rahul Mehra Sr.Advocate with Mr.Sanjay Law standing counse... |
Search, seizure, arrest and investigation in violation of Sections 41 and 42 of the ND&PS Act is illegal and the trial on the basis of illegal search, seizure and investigation could be held vitiated: The High Court of Manipur | It is settled that when a convicted person is sentenced to a fixed period of sentence and the appellate Court finds that due to practical reasons the appeal cannot be disposed of expeditiously, it can pass appropriate orders for suspension of sentence. The aforesaid has been laid down by the Manipur High Court in the c... | IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(Cril.Appeal) No.119 in Criminal Appeal No.219 Md. Sahabuddin@Md. Shahbuddin aged about 41 years S o Md. Nizamuddin resident of LilongTairelMakhong P.O. P.S. Lilong 79513 Thoubal District Manipur. . Applicant s Versus …. Respondent s State of Manipur HON’BLE MR. JUSTICE M.V. MU... |
Inherent powers under S.482 Cr.P.C. not to be used in quashing FIRs under S.376 IPC: High Court of Delhi | Court cannot be inclined to quash the FIR in which offense under Section 376 IPC has been leveled against the petitioner, for the reasons that an offense under Section 376 IPC is one against the society and High Courts ought not to use the inherent powers under Section 482. This was held in PAWAN GAUR v. STATE (NCT OF ... | STATERespondent IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 981 2021 Date of decision: 26th March 2021 Through Mr. B.P. Singh and Mr. Pratyaksh ..... Petitioner Roy Advocates IN THE MATTER OF: PAWAN GAUR Through Ms. Meenakshi Chauhan APP HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PRASAD J. The present peti... |
A suit for passing off can continue even when suit for infringement was liable to be stayed: High Court of Delhi | A lawsuit filed for passing off to protect an unregistered trademark can continue even when the trademark infringement suit was liable to be stayed under Section 124 of the Trade Marks Act. This was upheld in the judgement passed by a bench of the High Court of Delhi consisting of Justice Asha Menon in the case of Parv... | CM428 2021 IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 14th July 2021 Pronounced on: 6th August 2021 + CM428 2021 CM APPL.20526 2021PARVEEN KUMAR GUPTA .....Petitioner Through: Mr. S.K. Bansal and Mr. Ajay Amitabh Suman Advocates Versus RAVI CHADHA AND ORS. .....Respondents Through: Mr. Ashish Deep Verma Ms.... |
When the award has not been challenged at any point of time, determination of compensation afresh, in the considered opinion of this Court, does not arise: High Court of Chhattisgarh | In the exercise of the right over any land, the rights of any person are infringed by the occupation or disturbance of the surface of such land, the Government or its assignee shall pay to such person compensation for such infringement as upheld by the High Court of Chhattisgarh through the learned bench led by Justice... | 1 AFRHIGH COURT OF CHHATTISGARH BILASPUR Writ Appeal No.7211.NokhramThrough Legal Heirs 1.1 Through Legal Hrs. 3.1 Through Legal Heirs 4.1 Through Legal Heirs 6.1 No.31507 partlyallowing the writ petition as indicated in paragraphs 10 and 11 of the impugnedorder.4.The order impugned in the instant appeal is an order in... |
Non-compliance of any procedural requirement is no ground for automatic rejection: Sikkim High Court | “The State respondents could not have demanded the refund of the excess payment made on account of their illegal promotions”, this remarkable stand was forwarded by Hon’ble Sikkim High Court, in a single judge bench chaired by Hon’ble Justice Mr Bhaskar Raj Pradhan, in the writ appeal case of Ganesh Bhandari & ors.... | THE HIGH COURT OF SIKKIM: GANGTOK Civil Extra Ordinary Jurisdiction) S.B: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE ….. Petitioners WP(C) No. 217 Shri Ganesh Bhandari Son of Shri Punya Prasad Bhandari Resident of Tareythang East Sikkim. Smt. Amrita Sharma Wife of Atmaram Sharma Resident of Pacheykhani P.O. Paky... |
Limitation period must be followed strictly by parties to suit: Bombay High Court | Limitation period must be strictly adhered to while filing a suit. Suit filed beyond the allowable limitation period and is clearly barred by the law of limitation. A single judge bench of Justice Milind N Jadhav; while adjudicating the matter in Eknath Nivrutti Hegadkar v. Aagatrao Dyanu Ghodake; [WRIT PETITION NO. 74... | on 01 06 2021 on 22 03 civil wp 7436 17.docR.M. AMBERKAR(Private Secretary) IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONWRIT PETITION NO. 7436 OF 2017Eknath Nivrutti Hegadkar(since deceased through his legal heirs)Mainabai Lakshman Tanjave & Ors...Petitioners VersusAagatrao Dyanu Ghodake(since... |
Articles published in news portal “Newslaundry” neither qualify as goods nor as service as defined under Section 2(j) and 2(z) of the Trademark Act: High Court Of Bombay | Mere use of the registered trade mark of the Sakal Media Group in articles authored by the petitioner and published by the news portal Newslaundry, do not fit into the definition of false application of the trade mark in relation to goods or services. This was said in the case of Prateek Chandragupt Goyal v. State of M... | on 20 04 2021 on 20 04 1 cri wp 62 2021.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE SIDECRIMINAL WRIT PETITION NO. 62 OF 2021Prateek Chandragupt Goyal.... PETITIONERAge : 38 years Occupation : JournalistR at. F 16 Mantri Avenue 2 Panchvati Pashan Road Pune 4110078 Vs.1. State of Maharashtra .... RES... |
Calculation of maintenance does not include house rent: High Court of Delhi | When the court decides the quantum of maintenance to be given by the husband to the wife, it shall not take into consideration deduction such as repayment of loan, rent etc. and shall only calculate deductions from tax or EPF. This was decided in the case of Nitin Sharma Vs. Sunita Sharma & Ors. [C RL.REV.P. 322/20... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 08.02.2021 Pronounced on: 18.02.2021 CRL.REV.P. 322 2020 & Crl.M.A. 13958 2020 NITIN SHARMA Through: Ms. Pooja Chhabra Advocate Petitioner SUNITA SHARMA & ORS. Respondents Through: Ms. Mamta Mayer & Mr. K.K. Krishan Prabhu Advocates CRL.REV.P. 374 2020 SUNITA SHARMA ... |
The Petitioners were released on bail after being apprehended under Sections 341, 323,379, 307, 354(A), 447, and 427/34 IPC: High court of Patna | The petitioners were arrested under Section 341 IPC, “Punishment for wrongful restraint”, section 323, “Punishment for voluntarily causing hurt”, section 379, “Punishment for theft”, section 307, “Attempt to murder”, and sections 354(A), 447 and 427/34 of the Indian Penal Code. This is in connection with Mehsi PS Case ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 206721 Arising Out of PS. Case No. 150 Year 2020 Thana MAHESI District East Champaran Ranjeet Rai @ Ranjeet Kumar aged about 35 years Gender Male Son of Surendra Rai. Shashi Rai aged about 28 years Gender Male Son of Kapil Rai Both are resident of Vill... |
Bail is a general rule and jail is an exception : Himachal Pradesh High Court | Grant of bail is general rule and putting a person in jail or in a prison or in correction home during trial is an exception and presumption of innocence. The High Court bench consisting of J. Vivek Singh Thakur, in the matter of Harwinder Chauhan Ors. v. State of Himachal Pradesh [Cr.M.P(M) No. 1628 of 2020 along with... | Hig h C o urt of H.P on 10 01 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.(M) No. 16220 along with Cr.M.P.Nos. 2014 2015 2017 2019 and 20220 Reserved on: 28.12.2020 Date of decision: 6.1.2021 1. Cr.M.P.No. 16220 Harvinder Chauhan. …Petitioner. Versus State of Himachal Pradesh. …Respondent. 2. Cr.M.P.No. 2... |
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