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Conducting synchronized trades with prior connection shows the malaise intention of traders -THE SECURITY AND EXCHANGE BOARD OF INDIA | Conducting synchronized trades with prior connection shows the malaise intention of traders -THE SECURITY AND EXCHANGE BOARD OF INDIA The proceedings conducted from the show cause notice issued against the Fin quest Securities Pvt. Limited(NOTICEE) is a registered stock broker and various allegations were made against ... | Final Order against Finquest Securities Pvt. Limited WTM AB IVD ID5 14721 2021 22 SECURITIES AND EXCHANGE BOARD OF INDIA FINAL ORDER Under Section 12(3) of Securities and Exchange Board of India Act 1992 read with Regulations 27 of Securities and Exchange Board of India Regulations 2008 In respect of: Sr. No. Name of t... |
Attempt to mislead the court will lead to quashing the petition: High Court of Kerala | If the parties to a dispute try to provide such information with the clear intention to mislead the court during the proceedings, this will result in quashing that petition. This was decided in the Joint Case of Samina & Ors.Vs. Syed Asim Pasha And Syed Ashim Pasha State of Delhi At New Delhi & Ors [CRL.REV.P... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 08.02.2021 Pronounced on: 22.02.2021 CRL.REV.P. 298 2020 SAMINA & ORS. Through: Mr.Abhay Mani Tripathi Advocate Petitioners SYED ASIM PASHA Through: Mr.Abinash Kumar Mishra Advocate Respondent CRL.REV.P. 17 2021 & Crl.M.A. 767 68 2021 SYED ASHIM PASHA Through: Mr.Abi... |
A crime against the accused must always be proved beyond reasonable doubt: Bombay High Court | The prosecution in a criminal case, especially that of a murder, must make all efforts to prove that the allegations against the accused are true beyond reasonable doubt, held, a division bench of Justice VK Jadhav and SG Dige, while adjudicating the matter in Sachin v. State of Maharashtra; [CRIMINAL APPEAL NO. 245 OF... | on 09 07 2021 on 22 03 CriAppeal 245 2014.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABADCRIMINAL APPEAL NO. 245 OF 20141.Sachin S o Jalindar ChavanAge : 27 years Occ LabourR o. Pawalwadi Taluka PathardiDistrict Ahmednagar.2.Babasaheb S o Jalindar ChavanAge : 31 years Occ LabourR o. Pawalwadi Taluk... |
Section 173 Motor Vehicles Act, 1988- Amendment Proposed to curtail pendency of appeals before High Courts: Supreme Court of India | Since there are a number of appeals filed under Section 173 of the Motor Vehicles Act, 1988 against the awards of the Tribunals before the relevant High Court, it leads to accumulation of a large number of pending appeals before the High Courts, and therefore, in order to curtail the pendency before the High Courts and... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7549 of 2021 Arising out of S.L.P.(C)No.231718 RASMITA BISWAL & ORS DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. AND ANR JUDGMENT S. ABDUL NAZEER J This appeal is directed against the judgment and order dated 07.03.2018 passed by the High Court of Orissa at Cut... |
“Appellant Authority was of the opinion that the respondent has adequately addressed the query and no interference of this forum is warranted at this stage…”: 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 Ajmal Ali v CPIO, SEBI, Mumbai (Appeal No. 4366 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 2005... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Ajmal Ali CPIO SEBI Mumbai The appellant had filed an application dated June 14 2021under the Right to Information Act 20056. If the depository accounts FPIs in question 1 are... |
Certificate of registration of stockbrokers canceled to prevent the misuse of membership – THE SECURITIES AND EXCHANGE BOARD OF INDIA | Certificate of registration of stockbrokers canceled to prevent the misuse of membership – THE SECURITIES AND EXCHANGE BOARD OF INDIA The stockbrokers registered under stock exchanges have been expelled from their membership by stock exchanges in terms of Section 12(1) of the Securities and Exchange Board of India Act,... | Order against certain Stock Brokers WTM AB MIRSD DoR 22 2021 22 SECURITIES AND EXCHANGE BOARD OF INDIA ORDER UNDER SECTION 12(3) OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992 READ WITH REGULATION 30A OF SEBI INTERMEDIARIES) REGULATIONS 2008 Name of Noticees 1. Conard 2. 3. KSBL Securities LimitedAAACK0784G 4. ... |
Appellant alleged that the Kotak securities that have been pledged with Kotak Mahindra bank to obtain a bank loan has been forged.: 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 Vignesh Reddy Angadi v CPIO, SEBI, Mumbai (Appeal No. 4325 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information ... | Appeal No. 43221 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43221 Vignesh Reddy Angadi CPIO SEBI Mumbai The appellant had filed an application dated May 19 2021under the Right to Information Act 2005 of the RTI Act. 4. Ground of appeal The a... |
The social report must be considered while deciding juvenile’s bail plea: Punjab & Haryana High Court | The decision for grant or rejection of bail shall be founded on the basis of the Social Investigation Report submitted by the Probation Officer and any other material available before the Board and not merely on the basis of records of the case and report filed under Section 173 Cr.P.C. of the investigation officer. Th... | on 03 06 CRR 23211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR 2321Date of decision :02.06.2021 Vishnu ...Petitioner Versus State of Haryana ...Respondent CORAM: HON BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Aditya Sanghi Advocate for the petitioner. Mr. Gurmeet Singh AAG Haryana. Ms. Amrita Garg Advocat... |
Detention rendered invalid, infracted a Constitutional right guaranteed to the petitioner under Article 22(5) of the Constitution: The High Court of Jammu & Kashmir and Ladakh | The detaining authority is required to communicate to the detenue, (i) grounds of detention; (ii) all the documents referred to in the grounds of detention; (iii) all the documents and material which the detaining authority considers while framing his subjective satisfaction; (iv) detention order and also the police re... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 12.10.2021 Pronounced on:02.11.2020 WP(Crl.) No.25 2020 Latief Ahmad Rather Through: Mr. S. T. Hussain Sr. Adv. with Ms. Nida Nazir Advocate. Union Territory of J&K & anr. …Respondent(s) Through: Mr. B. A. Dar Sr. AAG. CORAM: HON’BLE MR. JUSTICE S... |
A police officer cannot investigate a non-cognizable offence without the order of a Magistrate of the first or second class having power to try such case: High Court of J&K and Ladakh | The expression “investigation” has different connotations than the expression “inquiry”. Section 4(h) of Cr. P. C defines “investigation” as proceedings under the Code or the collection of evidence conducted by a police officer or by any person other than a Magistrate who is authorized by a Magistrate in this behalf as... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT Item No.80 Advance List CRMC No.51 2018 AASIM FAROOQ SHAH ...PETITIONER(S) Through: Mr. Salih Pirzada Advocate. MOHAMMAD YOUSUF HAKEEM & ANR. …RESPONDENT(S) Through: Mr. Shakir Haqani Advocate for R 1. Mr. B. A. Dar Sr. AAG for R2. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE... |
Complainant failed to prove the genuineness of her Payment, thus Complaint dismissed: Karnataka State Consumer Disputes Redressal Commission | The Complainant claimed that she had paid Rs 2,50,000 to the Opposite Party and that the same was reflected in her Pass Book. The original receipt number and the one she presented before the Commission did not tally. This fact was overlooked by the District Commission. This was observed in the matter of The President, ... | KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN BANGALORE First Appeal No. A 2121 2017 Date of Filing : 27 Oct 2017 Arisen out of Order Dated in Case No. of District 1. The President Mandya City Govt. Employees House Building Co operative Society Ltd. B.M.Rudrappa s Mangaiah Mansion Ashoknagar Mand... |
LOC cannot be issued in every case by claiming that ‘economic interest’ or ‘larger public interest’ of India at stake: High Court of New Delhi | Phrases such as ‘economic interest’ or ‘larger public interest’ cannot be expanded in a manner so as to include an Independent Director who was in the past associated with the company being investigated, without any specific role being attributed to him, as in the present case. It is clear from a perusal of clauses (g)... | 48 IN THE HIGH COURT OF DELHI AT NEW DELHI BRIJ BHUSHAN KATHURIA W.P.(C) 3374 2021 UNION OF INDIA & ORS. Date of decision: 12th April 2021 Petitioner Through Ms. Maninder Acharya Sr. Advocate with Mr. Siddharth Bhatli Mr. Abhishek Choudhary and Mr. Abhiyant Singh Advocates M: 9899423924 & 8860346700) Respondents Throug... |
Dismissal of complaint u/S 203 Cr.P.C if no substantial evidence is adduced: Delhi High Court | In matter surrounding requirement of evidence u/S 203 of Cr.P.C., the bench constituting Suresh Kumar Kait J. of the Delhi High Court has concluded in Kusum Lata v State of NCT of Delhi [CRL.M.C.-1880/2020] that the complaint registered under the said secrion shall be liable to be dismissed if no substantial evidence i... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on: 19.04.2021 CRL.M.C. 1880 2020 KUSUM LATA Petitioner Through Ms.Neha Kapoor Adv. with Mr.Mohit Bhadu Adv. STATE OF NCT OF DELHI & ORS. Through Mr.Panna Lal Sharma APP for State. Respondents Mr.Vikram Singh Adv. with Mr.Bhanu Pant & Ms.Smita Singh Advs.... |
“Cherished Goal” of Arbitration is Finality of Arbitration Awards which Needs to be Fulfilled: High Court of New Delhi. | The equality in rate of interest, would be in consonance with one of the objectives of the Arbitration and Conciliation Act, 1996, namely, finality of arbitration awards. This honorable judgement was passed by High Court of New Delhi in the case of Guru Gobind Singh Indraprastha University v. Engineering India Ltd [FAO... | IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS)46 2021 & CM APPLs.10323 10325 2021 AND 10760 2021 GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Appellant Through: Mr. Mukul Talwar Senior Advocate with Ms. Anita Sahani Advocate. ENGINEERING INDIA LTD Through: Mr. Uday Gupta Advocate. ..... Respondent Date of Decision: 26th ... |
The court rejected pre-arrest bail for petitioner no. 1 as he caused grievous 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... |
The powers under Article 142 or under Section 482 Cr.P.C., are exercisable in postconviction matters only where an appeal is pending before one or the other Judicial forum. Supreme Court | It cannot be understated that since members of the Scheduled Caste and Scheduled Tribe belong to the weaker sections of our country, they are more prone to acts of coercion, and therefore ought to be accorded a higher level of protection as held by the Hon’ble Supreme Court through the learned bench... | A civil dispute over the ownership and possessory rights of a which prompted the Complainant to lodge FIR No. 18 94 at Police the Scheduled Tribes 1989 and Prembai who are was built. On 25.06.1994 Ramawatar and his brother Katulal ensued between the parties and the Appellant threw a brick at the was lodged at Police St... |
The stage of Cognizance would only arise after the report of Investigation: Karnataka High Court | Referring the matter for investigation without the application of judicious mind, is nothing but an abuse of process. At the same time, that stage of cognizance would arise only after investigation report is filed before the Magistrate. These principles were upheld by the High Court of Karnataka presided by J. H.P. San... | a697 0 tyorotika mondal IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25 DAY OF JANUARY 2021 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION No.4276 2020 MRS. VILASINI SEEVANTHAN AGED ABOUT 35 YEARS D 0. SEEVANATHAN NO.TFO3 MAY FLOWER APARTMENT WHEELER ROAD FRAZER TOWN BENGALURU NORTH BENGALURU 560 ... |
The court can grant leave to the plaintiff to file documents, not filed with the plaint: Delhi High Court | The provisions of Order XI Rule 1(1)(c)(ii) CPC, permits the plaintiff to file documents in answer to the case set up by the defendant subsequent to the filing of the plaint. This was held by Hon’ble Justice Asha Menon in the case of Valo Automotive Pvt. Ltd. Vs. Sprint Cars Pvt. Ltd. and Ors. on the 18th of August, 20... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13th August 2021 Decided on: 18th August 2021 W.P.(C) 8429 2021 & CM APPL. 26090 2021 SH ARMAN SINDHU Petitioner UNION OF INDIA & ORS. Through: Mr. Sanjay Sharawat Respondent Through: Mr. Farman Ali Senior Panel Counsel with Mr. Akshat Singh GP & Mr. Athar Raza Faroo... |
Accused entitled to benefit of doubt since suspicion not proof in law: Bombay High Court | An accused charged of murder is entitled to benefit of doubt since suspicion, no matter how strong it may be, is not sufficient to be considered as a legal proof is upheld by the High Court of Judicature at Bombay Bench of Aurangabad through a learned division bench led by HONOURABLE MR. JUSTICE VK JADHAV and HONOURABL... | on 27 01 2022 on 05 02 crapl702.14 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 702 OF 2014 Avdhoot Vithal Ghate(C 16833) Age 19 years Occ. Labour R o. Kakaddati Tq. Pusad Dist. Yeotmal(Ori. Accused) versusThe State of Maharashtra Through the Police Inspector Nagar Taluka police ... |
It is the duty of the Court and those involved, as long as possible and wherever possible, to uphold marital status: Tripura High Court | It is the obligation of the court and all concerned that the marriage status should, as far as possible, as long as possible and whenever possible, be maintained, but when the marriage is dead, in that event, nothing is gained by trying to keep the parties tied forever to a marriage which has ceased to exist. The judge... | Page HIGH COURT OF TRIPURA FA No. 015 Sri Nirmal Paul Son of Sri Bhubaneswar Paul resident of Village Madhya Pratapgarh P.O East Pratapghar P.S West Agartala Agartala District West Tripura. Appellant(s) Wife of Sri Nirmal Paul resident of Sonamura Udaipur PS. R.K. Pur District Smt. Namita Paul South Tripura Respondent(... |
The Court can interfere to rectify the wrong committed by the State Commission under Article 227: Calcutta High Court | Under Articles 226 and 227 of the Constitution of India, the High Court does not interfere where an equally efficacious alternative remedy is available to the aggrieved party. But where a case is an example of a gross miscarriage of justice and abuse of the process of court, the court exercises its superintending juris... | The Hon’ble Justice Sabyasachi Bhattacharyya In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side CO No. 11820 IA No: CAN 20 Old No: CAN 59420) Smt. Chandrani Sarkar Sudipa Chowdhury and others Mr. Partha Pratim Roy Mr. Dyutiman Banerjee Mr. Arijit Chakrabarti Mr. S.S. Dhar Mr. Nilotpal Chowdhury ... |
Election Petition cannot be dismissed on account of curable defects: Supreme Court of India | The verifying affidavit in support of the election petition need not be thrown out merely because it is not in Form 25 as prescribed under Rule 94A of Conduct of Election Rules, 1961. Such an observation was made by the Hon’ble Supreme Court before Hon’ble Justice Sanjay Kishan Kaul & Hon’ble Justice M.M. Sundresh ... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1774 OF 2020 … Appellant PRAJWAL REVANNA @ PRAJWAL R & ORS …Respondents JUDGMENT SANJAY KISHAN KAUL J The moot point for consideration in the present appeal is whether an election petition can be thrown out at the threshold on a plea of the respondent elected candid... |
The marriage between two minors shall be considered as valid unless it is declared void until or before the age of Eighteen : High Court of Punjab and Haryana | The marriage between two minors shall be considered as valid unless it is declared void until or before the age of Eighteen : High Court of Punjab and Haryana According to Section 13-B of the Hindu Marriage Act, 1955,“Divorce by mutual consent”. An order was passed by the family court dismissing a petition for divorce ... | on 09 09 FAO 855 2021 1 HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHFAO 855 2021Date of decision:26.08.2021Yogesh Kumar....AppellantV s.Priya.....RespondentCORAM: HON BLE MS. JUSTICE RITU BAHRIHON BLE MR. JUSTICE ARUN MONGAPresent:Ms. Gitanjali Chhabra Advocate for the appellant.Mr. Raman B.Garg Advocate for the res... |
Objection as to mode of proof should be taken before a document is admitted and marked as exhibit: Supreme Court of India | Objection as to the mode of proof must be taken when the document is tendered and before it is marked as an exhibit. It cannot be taken in appeal. This was held by Hon’ble Justice Sanjay Kishan Kaul and Hon’ble Justice Hrishikesh Roy in the case of Lachhmi Narain Singh (D) Through Lrs and Ors. Vs. Sarjug Singh (Dead) T... | applicant was allowed in his favour by concluding that the Will favouring Sarjug Singh was not cancelled. Thus the appellate Court reversed the Trial Court’s decision which held that the objectors disbelieved the registered deed of cancellation dated 02.02.1963whereby the Exbt 2 Will was revoked by the Exbt 2) in favou... |
Application filed under the right to information act dismissed as it was demanding non-available information – The Securities and Exchange Board of India | Application filed under the right to information act dismissed as it was demanding non-available information – The Securities and Exchange Board of India An application filed under the Right to Information Act, 2005 was transferred under section Section 6(3) of the RTI Act and was heard by ANAND BAIWAR APPELLATE AUTHOR... | 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... |
It is the Court’s and those involved’s a responsibility to maintain marital status for as long as and wherever practicable.: Tripura High Court | It is the obligation of the court and all concerned that the marriage status should, as far as possible, as long as possible and whenever possible, be maintained, but when the marriage is dead, in that event, nothing is gained by trying to keep the parties tied forever to a marriage which has ceased to exist. The judge... | Page HIGH COURT OF TRIPURA W.P(C) No.273 2020 Smt. Soma Debbarma wife of Sri Bikash Kanti Saha resident of village Amarpur Ramthakur Ashram PO Amarpur PS Birganj Sub Division Amarpur Pin 799101. … Petitioner(s). The State of Tripura Represented by the Commissioner and Secretary to the Finance Department Government of T... |
A person shall not be entitled for payment of salary for the period that he has not worked : High Court of Delhi | Petitioner shall not be entitled for payment of salary for the period that he has not worked i.e. from the date of removal of service till the date of rejoining and same was upheld by High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE MANMOHAN and HON’BLE MR. JUSTICE NAVIN CHAWLA in the case of EX... | IN THE HIGH COURT OF DELHI AT NEW DELHI EX CT BAJRANG LAL Through: Mr. A.K. Trivedi Advocate UNION OF INDIA Through: Mr. Avnish Singh Advocate Date of Decision: 24th February 2022 HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVIN CHAWLA JUDGMENT MANMOHAN J (Oral Matter has been heard by way of video conferencing P... |
IPC Section 149- There should be a clear and reasonable nexus between the crime and the role of the accused: Supreme Court of India | 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. Not only should the members be part of the unlawful assembly but should share the common object at all stages. This has to be based on the conduct of the members and the behavio... | 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... |
[Case Brief] Town Area Committee and Ors. Vs. Prabhu Dayal and Ors. | A legal act, though motivated by malice, will not make the actor liable to pay damages. The plaintiff had made constructions of 16 shoos on the old foundations of the building known as Garhi and the defendants Town Area Committee acting through its Chairman and Vice-Chairman, who are defendants 2 and 3 demolished these... | Briefcased.in Case Name: Town Area Committee and Ors. Vs. Prabhu Dayal and Ors.. Case Year: 1974 A legal act though motivated by malice will not make the actor liable to pay Case Brief] Town Area Committee and Ors. Vs. Prabhu Dayal and Ors. Case name: Town Area Committee and Ors. Vs. Prabhu Dayal and Case number: Secon... |
Separate court fee is required to be paid on the amount of counter claim except where the fees has been fixed by the Court: High Court of Delhi | Proviso to Section 38(1) of the Act carves out a specific exception providing for Arbitral Tribunal to fix a separate fee for claims and counter claims. Where the fees has been fixed by the Court in terms of 4th Schedule to the Arbitration and Conciliation Act, 1996, Sections 38(1) would have no application. The term “... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : 28th January 2022 Judgment Delivered on : 08th March 2022 FAO70 2017 JIVANLAL JOITARAM PATEL … Appellant Through: Mr. Ritin Rai Senior Advocate with Ms. Aditi Rao Advocate. NATIONAL HIGHWAYS AUTHORITY OF INDIA… Respondent Through: Mr. Arun Kumar Verma Ms.An... |
If the offence alleged against the accused is proved, then the accused/Directors will have to be sentenced as the Company: Bombay High Court | Courts can always impose a sentence of fine and the sentence of imprisonment can be ignored as it is impossible to be carried out in respect of a company. Thus, if it is observed that the company/accused has committed offences with a dishonest intention then the Courts will impose liability and punishment. This remarka... | on 26 04 2021 on 27 04 ssm 1 wp127.20gp final.docIN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.127 OF 2020WITHINTERIM APPLICATION NO.220 OF 2020INCRIMINAL WRIT PETITION NO. 127 OF 2020Ganesh Benzoplast Limited Through its authorized representative Mr.Ramesh Pilani …... |
Any allottee, assignee or transferee would be having the same rights and obligations as the Developer and bound by the terms and conditions, as applicable to the Developer: High court of Allahabad | If a developer has entered into certain agreements, then the subsequent transferees of a project which was developed by the developer and bound by the rules and obligations that a developer has entered into. Neither the transferees nor the developer can deviate from a sanctioned building plan and must stick to what was... | Court No. 1 Case : MISC. BENCH No. 95918 Petitioner : Lucknow Omaxe City Residents & Allottees Association 2 Ors Respondent : State Of U.P. Thru.Prin.Secy. Housing & Urban Counsel for Petitioner : Mudit Agarwal Nidhi Agarwal Counsel for Respondent : C.S.C. Anilesh Tiwari Ashish Chaturvedi Dr V.K.Singh Kuldeep Pati Trip... |
Strict proof of essential marriage rites not required for maintenance application under Section 125 CrPC: Allahabad High Court | “There is prima facie material on record to suggest that the parties have married or are having relationship in the nature of marriage, the court can presume in favour of the woman claiming maintenance.” The Court held that under Section 125 of the CrPC, strict proof of performance of essential marriage rites is not re... | Reserved on 17.11.2020 Delivered on 08.01.2021 Court No. 80 Case : CRIMINAL REVISION No. 15520 Revisionist : Irshad Ali Opposite Party : State Of U.P. And Another Counsel for Revisionist : Shri Krishna Mishra Counsel for Opposite Party : G.A Hon ble Raj Beer Singh J This Revision has been preferred against order dated ... |
Non-indication of inculpatory material in its relevant facets by the trial Court to the accused adds to vulnerability of the prosecution case: Patna High Court | It is settled law that incriminating circumstances appearing against the accused in prosecution evidence must be put to the accused at the time of statement under Section 313 Cr.P.C. Unless such statements are put to the accused to give opportunity to meet the same with explanation, such incriminating circumstances can... | Sessions Judge Mandi dated 24.02.1998 has been set aside Consequently Achhar Singh has been convicted for offences under Sections 452 326 and 323 of the Indian Penal Code 1860and 302 and 452 IPC and sentenced to undergo imprisonment for life The prosecution case in brief is that on the night of 23.02.1996 the complaina... |
Once the existence of the three ingredients forming a part of Section 300 is established, it is irrelevant whether there was an intention on the part of the accused to cause death: Supreme Court | It does not matter that there was no intention even to cause the injury of a kind that is sufficient to cause death in ordinary course of nature. Even the knowledge that an act of that kind is likely to cause death is not necessary to attract “thirdly” as upheld by the Supreme Court through the learned bench led by Jus... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1519 OF 2021 Arising out of SLPNo.91816 ..… APPELLANT AMRITPAL @ CHHOTU & ORS ..... RESPONDENTS J U D G M E N T ABHAY S. OKA J 1. The respondent nos.1 to 5 are the accused who were prosecuted for the offences punishable under Sections 147 364 302 149 201 and 32... |
Settlements under the ID Act can be entered between Management and Workman even outside the court/conciliation proceedings: High Court of Delhi | Settlements can be entered into between Management and Workman even outside the court/conciliation proceedings as is clear from Section 18(1) ID Act. Such settlements would be valid and legal. Purpose of providing such provisions of settlement is that there is finality to the settlement and parties should not be relega... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 2nd February 2022 M S WEARWELLPRIVATE LIMITED ..... Petitioner Through: Mr. Alok Bhasin & Mr. Kamal Kant W.P.(C) 2034 2022 Tyagi Advocates ..... Respondent MOHD. NIZAM JUSTICE PRATHIBA M. SINGH Through: None Prathiba M. Singh J.(Oral) This hearing has been done... |
Obtaining consent for sexual intercourse upon false promise to marry and misconception of facts is not free consent : Bombay High Court | The issue with obtaining consent based upon some form of misconception was of the recently dealt with by Bombay High Court in a case where the consent of an unwilling victim for sexual was obtained by the applicant on the pretext of marriage .The bench consisted of Justice AS Chandurkar and Justice GA Sanap in the m... | 30 J APL 853 21.odt viIN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR CRIMINAL APPLICATIONNO. 853 OF 2021 APPLICANT Navneet S o Ashok Bangalkar Aged 29 years Occ. Business R o at Post Asgaon Tq. Pauni Dist. Bhandara V E R S U S 1. State of Maharashtra Through P.S.O. P.S. Umred Tq. Umred Dist. Nagpur 2. Ku... |
Deficiency in service if builder fails to obtain occupancy certificate: Supreme Court | The issue whether a builder or construction company can be held liable for not obtaining occupancy certificate was examined by Supreme Court in a division bench consisting of Justice Chandrachud and Justice Surya Kant in the matters between Samruddhi Co- Operative Housing vs. Mumbai Mahalaxmi Construction Criminal Appe... | Samruddhi Co Operative Housing ... vs Mumbai Mahalaxmi Construction ... on 11 January 2022 Supreme Court of India Samruddhi Co Operative Housing ... vs Mumbai Mahalaxmi Construction ... on 11 January 2022 Author: Hon Ble Dr. Chandrachud Bench: Hon Ble Dr. Chandrachud Surya Kant Reportable IN THE CIVIL APPELLATE JURISDI... |
After an accused is released on Bail And some serious offences are invoked at a Later point of Time, there is no question Of seeking any Cancellation Of Bail: High Court of Bombay | The accused who has been granted bail is required to surrender and again apply for bail under the newly added offenses. A Single-Judge Bench comprising of Justice Mangesh S. Patil adjudicating the matter of NANA @ NARSING VISHWASRAO NAYAK AND OTHERS V. THE STATE OF MAHARASHTRA (CRIMINAL WRIT PETITION NO.221 OF 2021) de... | IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6485 OF 2020 Sunita w o Late Pradip Thakar Age : 45 years Occ : Household original resident of A p Bavi Tq.Washi Dist.Osmanabad Presently residing at A 3 Pranayraj Garden Gokulnagar Dhanori Pune Tq. & Dist.Pune VERSUS The State of Maharashtr... |
‘Other existing liability’ cannot be construed as the liability to pay excise duty also: Bombay High Court | The words “other existing liability” can be the liabilities pertaining to the extent of the property only viz, i. e. Municipal tax, electricity and water charges, land revenue, etc. Purchase as per the order of Confirmation of Sale is subject to worker’s liability and other existing liabilities of the owners of the sai... | on 22 04 2021 on 24 04 WP 1335 2009(J).docIN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONWRIT PETITION NO. 1335 OF 2009 M s Runwal Constructions A Partnership Firm duly registered under the Indian Partnership Act 1932having its office at Runwal Chambers 1st Road Chembur Mumbai 400 071.…Pe... |
On finding that the Petitioner was the biological father of the child, the court ensured the marriage was done without any undue influence and they lived with full honor, security and dignity: High Court Of Patna | Petitioner granted bail after he promised to marry the opposite party No. 2 as it was found that he was the biological father of her child. The Court passed the directions to confirm that the family was living happily after 2 months of marriage. the Court also talked with the child to fully ensure that the petitioner m... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 789319 Arising Out of PS. Case No. 27 Year 2019 Thana MAHILA P.S District Supaul Sanjeet Sada aged about 24 years Male Son of Kamal Sada Resident of Village Babhni Surat Patti Ward No.03 PS Supaul District Supaul ... Petitioner s The State of Bihar Puj... |
If there is unity of object or purpose, all participating at different stages of the crime will be guilty of conspiracy: High Court of Delhi | For proving a charge of conspiracy, it is not necessary that all the conspirators know each and every detail of the conspiracy so long as they are co-participators in the main object of the conspiracy. It is also not necessary that all the conspirators should participate from the inception of the conspiracy to its end.... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03.03.2021 BAIL APPLN. 371 2021 Through Mr.Ajay Verma Adv. Petitioner Respondent Through Mr. Amit Chadha APP for State. SI Uday Singh PS Bawana. HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENTPresent petition has been filed under section 439 Cr.P.C. for grant of ... |
Married daughters cannot be considered to be dependent family members of the deceased: High Court of Tripura | In the case where daughters are married at the time of death of their father and each of them is living in their respective matrimonial home. Though they are entitled to claim compensation for the death of their father as his legal representatives, they cannot be. considered as dependent family members of the deceased ... | HIGH COURT OF TRIPURA MAC App. 121 The National Insurance Company Ltd To be represented by Senior Divisional Manager) Agartala Divisional Office 42 Akhaura Road P.O. Agartala District West Tripura Pin 799001. Petitioner(s) 1.Smti Pratibha Das W O. Late Ashutosh Das 2.Sri Bapi Das S O. Late Ashutosh Das 3.Sri Apu Das S ... |
Twin conditions to be satisfied before issuing directions under Order 38 Rule 5 of CPC : Delhi High Court | Merely having a just or valid claim or a prima facie case will not entitle the plaintiff to an order of attachment before the, unless it is established that the defendant was attempting to remove or dispose of his assets with the intention of defeating the decree that may be passed. The High Court bench consisting of J... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 07th January 2021 O.M.P.(I)372 2020 & I.A. 207 2021 BEIGH CONSTRUCTION COMPANY PRIVATE LIMITED ..... Petitioner VARAHA INFRA LIMITED .....Respondent Through Mr Arun Kathpalia Senior Counsel with Mr Angad Mehta and Mr Kauser Hussain Advocates. Through Mr Rajeev S... |
Appellant released on bail after being arrested under Sections 341/323/504/506/34 IPC and 3(1)(r)(s)/3(2)(ra) of the SC/ST Act: High court Of Patna | The additional session judge on the 15/09/2020 passed an order rejecting the plea for anticipatory bail for the appellant therefore The counsel for the appellant filed a motion slip on the 7th of July 2021 allowed by the court, an appeal directing against the said order. In connection with the Chapra SC/ST PS Case No. ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo.21 Arising Out of PS. Case No. 23 Year 2020 Thana SC ST District Saran Raju Prasad Gupta @ Raju Kumar 38 years Son of Late Bharat Prasad Gupta R o Village New Colony Katahari Bagh P.S. Chapra Town District Saran Chapra The State of Bihar ... Appellant s ... Res... |
Transaction in respect of immovable property i.e., site or plot falls within the definition of Sec. 2 (42) of Consumer Protection Act, 2019: Karnataka State Consumer Disputes Redressal Commission | The Respondent being a Real Estate Company offered luxury apartments and plotted development project. Thus, also engaged in construction. So, when the appellant approached the District Commission, it dismissed the complaint as it found it unmaintainable as per Sec.2(42) of the Consumer Protection Act, 2019 and referred... | KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN BANGALORE First Appeal No. A 494 2021 Date of Filing : 05 Jul 2021 Arisen out of Order Dated 30 03 2021 in Case No. CC 255 2021 of District Bangalore 2nd 1. Annamma Jiney Jose W o Sunil Kumar sabu aged about 32 years Psychological counsellor R at No. ... |
The relaxation cannot be prayed as a matter of right.: Supreme Court | If a conscious decision is taken not to grant the relaxation, merely because Rule permits relaxation, no writ of mandamus can be issued directing the competent authority to grant relaxation in qualifying service as held by the Hon’ble Supreme Court through the learned bench led by Justice M.R. Shah in the case of State... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6868 OF 2021 State of U.P. & Ors …Appellant(s Vikash Kumar Singh & Ors. JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.07.2020 passed by the Division Bench of the High Court of Judicature at Allahabadby which the... |
The Superintendent of Police shall provide immediate protection to the married couple living together in case of any disturbance in their peaceful living: Allahabad High Court. | The petitioners are at liberty to live together and any interference in their peaceful living shall not be tolerated by any person. In case of any disturbance, the petitioners are at liberty to approach the senior Superintendent of Police or the Superintendent of Police with a copy of this order for protection and the ... | Court No. 70 Case : WRIT C No. 287121 Petitioner : Smt. Saima And Another Respondent : State Of U.P And 3 Others Counsel for Petitioner : Firoz Haider Counsel for Respondent : C.S.C Hon ble Mohd. Aslam J 1. Heard learned counsel for the petitioners and learned counsel for the for the State respondents. 2. By means of p... |
Balance Sheet is sufficient acknowledgment under Section 18 of the Limitation Act, 1963: National Company Law Appellate Tribunal, Principal Bench, New Delhi | Whether in order to condone delay, Balance Sheet is sufficient acknowledgment under Section 18 of the Limitation Act, 1963, was a question considered by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, before a bench consisting of Hon’ble Justice Ashok Bhushan, Chairperson, and Dr. Alok Srivasta... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI Company Appeal(Insolvency) No. 3821 Arising out of Order dated 28.09.2020 passed by the Adjudicating Authority National Company Law Tribunal) New Delhi Bench V in881(ND) 2020] IN THE MATTER OF: G.S. Buildtech Pvt. Ltd. A 4 Front LGF Malviya Nagar New Del... |
Moreover, Article 31 of the Constitution provides that any State acquisition of property must only be upon enactment of a valid law, for a public purpose, and upon payment of compensations: High Court of Allahabad | Land dispute is one of the oldest forms of disputes ever recorded in the history of civilized society. The land is nothing but a form of property that is immovable and limited proceedings for the said offence and the same issue was held in the judgement passed by a division bench judge Hon’ble Pritinker Diwaker, J. Hon... | Court No. 29 Case : WRIT C No. 21222 Petitioner : Bhikari And 12 Others Respondent : State Of U.P. And 2 Others Counsel for Petitioner : Navin Kumar Counsel for Respondent : C.S.C. Kaushalendra Nath Singh Hon ble Pritinker Diwaker J Hon ble Dr. Yogendra Kumar Srivastava J Heard Sri Navin Kumar learned counsel for the p... |
Maintenance should be paid from the date of filed application and not from the date of judgment – Jharkhand high court | Maintenance should be paid from the date of filed application and not from the date of judgment – Jharkhand high court Revision petition directed against the judgment in the maintenance Case No. 198 of 2014 questioning about the effective date of grant of maintenance whether it should be paid from the passing of judgme... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 5719 Rinki Kumari @ Anita Kumari aged about 32 years wife of Kundan Kumar @ Kundan Kumar Singh and daughter of Tilak Sharma permanent resident of village Korma P.O. Chhatubagh P.S. Chandauti District Gaya at present residing at Tungri Toli behind St. Francis School... |
Resignation letter cannot be withdrawn, once it is accepted: High Court of Delhi. | When a resignation letter has been submitted as well as it has been accepted, and such acceptance has been duly communicated, then later the employee cannot withdraw the resignation letter. A divisional bench comprising Hon’ble Justice Manmohan and Justice Navin Chawla, in the matter of Bijendra Yadav Vs. Union of Indi... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1835 2021 & CM APPL. 5273 2021 Date of Decision: 05.07.2021 BIJENDER YADAV Petitioner Through: Mr.M.K. Bhardwaj Adv. UNION OF INDIA AND ANR Respondents Through: Mr.Jaswinder Singh CGSC for UOI with Mr.Kavindra Gill GP for HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE N... |
Reducing percentile for admission would not amount to lowering the standards of education: Supreme Court | Reducing percentile for admission to the first-year BDS course would not amount to lowering the standards of education. The Supreme Court of India allowed writ petitions from the students who qualified NEET, for admission to BDS and lowered the minimum marks by 10% for the students. The judgement was given by Justice L... | Non Reportable IN THE CIVIL ORIGINAL JURISDICTION Writ PetitionNo.521 Harshit Agarwal & Ors PetitionersNo.921 JUDGMENT L. NAGESWARA RAO J The Petitioners in Writ Petition No. 54 of 2021 are students who appeared in the National Eligibility cum Entrance Testexamination 2020 for admission to the first year of Bachelor of... |
The power of superintendence over all courts by the high court: High Court Of New Delhi | The present petition under Article 227 of the Constitution of India impugns the order dated 1st September 2021, 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 MED FRESH PVT LTD V. HLL INFRATECH SERVICES LIMITED & ORS. dealt with... | IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 957 2021 Date of decision: 28th October 2021. MED FRESHE PVT LTD Through: Mr. Mayank Wadhwa with Mr. ..... Petitioner Junaid Qureshi Advocates. HLL INFRATECH SERVICES LIMITED & ORS. Respondents Through: Mr. Hitesh Sachar Advocate for R 2 Mr. Nikhilesh Krishnan with Ms. Tis... |
Matriculation certificate no more enjoys primacy, the Court can determine of age of juvenile -High Court of Punjab and Haryana. | Matriculation certificate no more enjoys primacy, the Court can determine of age of juvenile -High Court of Punjab and Haryana. Section 94 of the Juvenile Justice Act 2015 deals with “Presumption and determination of the age” and states that matriculation certificate cannot be treated as primacy under the JJ Act the po... | CRR 767 2018 In the High Court of Punjab and Haryana at Chandigarh CRR 767 2018 Date of Decision: February 20 2019 State of Haryana CORAM: HON BLE MR. JUSTICE RAJBIR SEHRAWAT Mr. Ankur Lal Advocate for the petitioner Mr. M.D. Sharma AAG Haryana Mr. Rituraj Singh Advocate for Mr. Gutam Dutt Advocate for the complainant ... |
Matters relating to arbitral awards do not attract any grounds for interference: The High Court of Delhi | In a separate suit filed in the Delhi High Court, under the purview of Arbitration and Conciliation Act 1996, the judges opined that in the matters of arbitral awards, there should not interference of the court. The above statement was opinionated in the case of Union of India & Anr. v. M/S Annavaram Concrete Pvt L... | IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS)96 2020 & CM.APPL. 18980 2020 UNION OF INDIA AND ANR M S ANNAVARAM CONCRETE PVT LTD Respondent Date of decision: 31st August 2021 Appellants Through: Ms. Geetanjali Mohan Through: Mr. R.K. Sanghi Senior Advocate with Mr. Satjendar Kumar Advo and Mr. Sanghi Advocate. HON B... |
Defect in the investigation by itself cannot be a ground for acquittal: Odisha High Court | “Investigation is not the solitary area for judicial scrutiny in a criminal trial.”, this remarkable stand was forwarded by Hon’ble Odisha High Court, in a two judge bench chaired by Hon’ble Justice Mr. S.K. Mishra & B.P. Routray, where the judgment was advanced in the Criminal Appeal case of Manguli Rout & ant... | HIGH COURT OF ORISSA: CUTTACK CRA No. 2499 From the order dated 30.09.1999 passed by Srhi R.S. Misra 1st Addl. Sessions Judge Cuttack in S.T.Case No. 2295. 1) Manguli Rout & 2) Khagi @ Ekadasi Rout …. Appellants State of Odisha …. Respondent Versus For Appellants Mr. D. Panda Advocate For Respondent Mr. J. Katikia Addl... |
Students must be duly notified about the pre-ponement of exams: Delhi High Court | The students missing the examination due to pre-ponement who were not intimated by email, SMS or through any other mode, shall be eligible to appear in the exams held afterwards. This proclamation was made by the Delhi High Court presided by J. Prateek Jalan in the case of Vipin vs University of Delhi & others. [W.... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th February 2021 W.P.(C) 3049 2020 & CM APPLs. 10616 29168 2020 Petitioner Through: Mr. Abir Phukan Mr. Surya and Mr. Ashkrit Tiwari Advocates. UNIVERSITY OF DELHI AND ORS Through: Mr. Mohinder Respondents JS Rupal HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JAL... |
Any certain irregularities allegedly committed by any person, the fair licence of the person Will be made as a subject matter of an inquiry: High Court Of Uttarakhand | The illegalities committed by respondent No.7 in collusion with officials of the Supplies Department, this was held in the judgement passed by a single bench judge comprising HON’BLE JUSTICE SHARAD KUMAR SHARMA, in the matter [WPMS No.1876 of 2021]. Respondent No.7, was a fair price shop licence holder of Village Kish... | Office Notes reports orders or proceedings or directions and Registrar’s order with Signatures sl. No COURT’S OR JUDGES’S ORDERS WPMS No.18721 Hon’ble Sharad Kumar Sharma J. Mr. Bilal Ahmed Advocate for the petitioner. Mr. G.S. Negi Additional CSC for the State of Uttarakhand respondent Nos.1 to 6. Respondent No.7 in t... |
An information seeker cannot be allowed to expand the scope of his RTI enquiry at appeal stage.: Appellate Authority, SEBI. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Rushikesh Vijay Bhopatrao v CPIO, SEBI, Mumbai (Appeal No. 4284 of 2021) dealt with an issue in connection with Section 8 (1) (g) and 8 (1) (j) of th... | Appeal No. 42821 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 42821 Rushikesh Vijay Bhopatrao CPIO SEBI Mumbai The appellant had filed an application dated May 08 2021under the Right to Information Act 2005and 8(1)(j) of the RTI Act as the sam... |
Mere incorporation of additional corporate guarantee does not restructure NPA in adherence with RBI Prudential Norms: Calcutta High Court | The restructuring of non- performing assets (NPA) cannot be gone through with the mere assurance of additional corporate guarantee. The bench consisting of Sabyasachi Bhattacharya J. of the Calcutta High Court ruled that any minor modification does not alter the terms and conditions of the original sanction sufficient ... | In The High Court at Calcutta Constitutional Writ Jurisdiction Original Side The Hon’ble Justice Sabyasachi Bhattacharyya WPO No. 821 Mohan Motor Business Private Limited and another Vs. ICICI Bank Limited and another W.P.O. No. 921 Metro Niketan Private Limited and another Vs. ICICI Bank Limited and others : Mr. Avish... |
No interference by High Court in case of incontrovertible findings of fact by the caste scrutiny committee: Bombay High Court | Affinity test may not be regarded as a litmus test for establishing the link of the applicant with a particular Caste. Thus, the affinity test may be used to corroborate the documentary evidence and should not be the sole criteria to reject a claim. This remarkable judgment was recently passed by Bombay High Court in t... | on 08 04 2021 on 13 04 Judgment WPST 7238 21 1.docIN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIONWRIT PETITIONNO. 7238 OF 2021Shri Vijaysing Ajabsing Patil ] Age 39 years Occ. Service ]R o. At Barrack No. 114 above ]Shani Mandir Road Ulhasnagar No.1 ]Dist. Thane 421 001. ]…PetitionerV s. 1. Rese... |
Anticipatory Bail granted to a Lady alleged of assault of a Man, his Wife and his Son: High Court Of Patna | Petitioners were alleged for assault on the Informant, his wife, and his son. The Assault was by 10 people to which the High Court gave different decisions for each Petitioner and petitioner No. 1 was granted bail on the grounds of being a female and not being capable of assaulting along with 9 other males. The Hon’ble... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 408320 Arising Out of PS. Case No. 246 Year 2020 Thana JOGAPATTI District West Champaran Sairun Khatoon @ Sairul Khatoon about 50 years Female Wife of Isha 2. Momtaz Mian @ Mumtaz Mian about 30 years Male Son of Isha Mian. 3. Aslam Mian about 57 years ... |
Fatwa is not legally binding on parties: Delhi High Court | Fatwa regarding the transfer and possession of immovable property was cited by one of the parties regarding ownership and possession of a property. The Single judge bench of the Delhi High Court was of the opinion that there can be no legality or validity attached to a ‘Fatwa’ and they cannot be legally binding on the ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th December 2020 C.R.P. 89 2016 MOHD ASHRAF & ORS. ..... Petitioners Through: Mr. Arpit Bhargava and Ms. Hina Bhargava Advocates. M: 9871316969) ABDUL WAHID SIDDIQUE CORAM: JUSTICE PRATHIBA M. SINGH Through: Mr. Rajiv Bajaj Advocate. ..... Respondent Prathiba ... |
Bachu Miah V/s. Ranu Begum | Under section 20 of the Protection of Women from Domestic Violence Act 2005, the Magistrate is empowered to direct the respondent to pay monetary relief to the aggrieved person and any child on account of the losses suffered by the aggrieved person and any child as a result of the domestic violence. BRIEF FACTS AND PRO... | THE HIGH COURT OF TRIPURA W.A. 614 Bachu Miah S O Md. Tahim Miah R O Salthang ManuP.O.: Manpathar P.S: Shantirbazar Dist.: South Tripura. ..… Appellant Vs. Ranu Begum W O Bachu Miah D O Abdul Mannaf R O: Vill: Durganagar P.O: K.K. Nagar P.S: Bishalgarh District: Sepahijala. ..… Respondent HON’BLE THE CHIEF JUSTICE MR. ... |
No one can be permitted to block electricity supply to neighbors: The High Court of Uttarakhand | Electricity is becoming a very important part of human life, especially now in the age of technology. Therefore no person has the right to prevent another from having access to electricity. This was held in the judgement passed by a single member bench of the High Court of Uttarakhand consisting of Justice Manoj Kumar ... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 11TH DAY OF JUNE 2021 HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI Writ PetitionNo. 3521 Chandan Singh .....Petitioner By Mr. Bharat Singh Advocate) BETWEEN: State of Uttarakhand & others ....Respondents By Mr. Devesh Ghildiyal Brief Holder for the State of Uttarakhand res... |
Non-consideration of mandatory requirements vitiates the bail order: Rajasthan High Court | Non-consideration of the mandatory requirement of Section 37 of the NDPS Act can debase the actual meaning of a bail order. Recording a satisfaction under the provision is imperative before granting bail to a person accused of the offence under the NDPS Act and failure to do so, would violate the mandatory requirement ... | on 07 02 2021 at 03:20:59 PM HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJODHPURS.B. Criminal Miscellaneous Bail Application No. 95 20211. Kayum S o Gani Mohammed Aged About 45 Years ByCaste Musalman R o Laduna Police Thana Seemamau Mandsor Madhya Pradesh.: Mr. B.R. Godara.Mr. R.N. Bishnoi.For Respondent(s): Mr. B.R. Bis... |
Nobody has a fundamental right to a public holiday: Bombay High Court | Public holidays are a matter of public policy and cannot be availed as a matter of violation of fundamental rights as the Bombay High Court rightfully observed that in the writ petition impugning the notification issued in October 2021 that did not declare 02.08.2022 as a public holiday and directing the respondent to ... | 25 ASWP 9602 2021.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9602 OF 2021 Kishnabhai Nathubhai Ghutia & Anr The Hon’ble Administrator Union Territory & Mr Bhavesh Parmar with Devmani Shukla Rajesh Sahani & Reshma Nair i b Devmani Shukla for the Petitioners Mr Saurabh Ks... |
Annual Increase method in determining value may have pitfalls when gap exceeds 4-5 years: Supreme court | On an appeal regarding the method of calculation of market value, the court held that the annual increase method shall not be discarded but be exercised with caution. This judgment was passed in the case of Ved & Anr. vs. State of Karnataka [C.A.No.1158/2021], by a Triple Bench consisting of Hon’ble Justice Uday Um... | 1 REPORTA BLE IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL No(s). 11521 out of Special Leave PetitionNo.245218) VED & ANR. …APPELLANTS STATE OF HARYANA & ANR. …RESPONDENTS CIVIL APPEAL No(s). 11521 out of Special Leave PetitionNo. 302318) CIVIL APPEAL No(s). 1160 11921 out of Special Leave PetitionNos. 3431 34619)... |
The FIR can be quashed in cases where there exists no chance of conviction of the accused person: The High Court of Jharkhand | In a criminal case where the victim and the accused person have arrived at a compromise and there are no other witnesses to the alleged crime, there is no chance of a conviction happening. In such cases, the first information report may be quashed as there is no point in the criminal trial being conducted. This was hel... | Cr.M.P. No. 021 IN THE HIGH COURT OF JHARKHAND RANCHI Krishna Ballam Tiwary @ Krishna Ballabh Tiwari aged about 61 years s o late Laxman Tiwari resident of House No.203 Panki Road Baralota PO Baralota PS Daltonganj District Palamau….. Petitioner Versus 1.The State of Jharkhand 2.Govind Kachhap son of not known to the ... |
Lawyers not to be harassed by GST notice, high court warns government again for issuing notice to a lawyer for the GST collection- Prime Legal | Lawyers must be exempted from paying tax and must not be harassed by GST notice. Time and again the court stressed upon the practicing lawyers that they must not be sent any notice to pay tax. This auspicious order dated 31st March 2021 was passed by the Orissa High court in the matter of Devi Prasad Tripathy v. The Pr... | IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.277220 Devi Prasad Tripathy The Principal Commissioner CGST and Central Excise Bhubaneswar and others versus in person Opposite Parties Mr. P. K. Parhi Assistant Solicitor General of India CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY Order No. 04. 1. The Counter affid... |
Tribunal has the power to make Interim Orders which it thinks fit for regulation of the conduct of the affairs of the Company: National Company Law Appellate Tribunal, Principal Bench, New Delhi | Whether the National Company Law Tribunal, has the power to regulate the conduct of affairs of a company through interim orders, independent of any observation upon the merits of a case, was a question considered by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, before a bench consisting of Ju... | National Company Law Appellate Tribunal Principal Bench New Delhi COMPANY APPEALNo. 122 Arising out of Order dated 06th December 2021 passed by National Company Law Tribunal Kolkata Bench Kolkata in CP 275(KB)2021). IN THE MATTER OF: Srei Infrastructure Finance Limited Plot No. Y 10 Block EP Sector V Salt Lake City Kol... |
Mere recovery of tainted money without any proof of demand not sufficient to constitute the offence punishable U/S. 8 of the Prevention of Corruption Act: Jharkhand High Court | Illegal gratification is a sine qua non to constitute the said offence and mere recovery of currency notes cannot constitute the offence under Section 8 unless it is proved beyond all reasonable doubt that the accused voluntarily accepted the money knowing it to be a bribe. The judgement was passed by the High Court of... | 1 Cr. AppealNo.6620 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. AppealNo. 6620 Against the Judgment of Conviction dated 20.10.2020 and Order of Sentence dated 31.10.2020 passed by the Special Judge A.C.B. Hazaribag in Special Case No.414Suraj Singh @ Deepak Singh aged about 39 years son of Awadhesh Singh Resident of ... |
Simultaneous filling of a Civil Complaint cannot be a ground to quash a criminal complaint: Odisha High Court | Where the factual foundation for an offence is laid down, the court must be reluctant and should not hasten to quash the proceedings even on the premise that one or more ingredients have not been stated or do not appear to be satisfied. A single bench comprising of Justice S.K. Panigrahi adjudicating the matter in Pras... | HIGH COURT OF ORISSA CRLMC No.2021 In the matter of an application under Section 482 of the Criminal Procedure Code 1973) Prasanta Kumar Patra and another State of Odisha and another For Petitioners S. Panda and D. K. Mohapatra M s. Devashis Panda … Opposite Parties Versus For Opposite Parties M s. Manoj Kumar Mohanty ... |
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... |
Serious offences of mental depravity cannot be quashed on ground of settlement between the parties: High Court of Bombay | Rare and serious offences such as assassination, kidnapping, dacoity, Rape etc. cannot be properly disregarded even if the case has been resolved between the victim or relatives of the victim and the perpetrator. These crimes are not private and have significant social implications. This was held in ABC vs The State of... | on 05 04 2021 on 06 04 1 9CRWP 1399 202110 SCC 3032(2017) 9 SCC 6413(2019) 5 SCC 688Bhagyawant Punde on 05 04 2021 on 06 04 3 9CRWP 1399 2021to secure the ends of justice ortoprevent abuse of the process of any Court. In whatcases power to quash the criminal proceeding orcomplaint or F.I.R may be exercised where the o... |
Arbitrator to be appointed even after respondent’s explicit refusal of the proposed arbitrator : Delhi High Court | Resolving disputes that are bound to arise between parties in contract through arbitration clause is an age-old practice, however in the situation where one party refuses to comply and respect the arbitration clause in the contract, it provides the other party the right to seek its invocation in court and have a arbitr... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26.07.2021 ARB.P. 558 2021 RAJ SUJAN & ANR. Mr. D. Abhinav Rao Adv. Petitioners MS GEAR UP BUILDERS PVT LTD & ORS. Respondents Through Mr. Navneet Dugar Adv. HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENTThe hearing has been conducted through video conferencing.... |
When termination is not found illegal or void ab initio, claim for back wages not tenable: Supreme Court | While hearing a Special leave petition on termination of employment, the Court held that when the termination is not illegal or void ab initio, the relief for wages from the date of termination is not, at any rate, tenable especially when the court gave a direction to reinstate by creating a supernumerary post. This ju... | STATE OF ODISHA & ORS. … APPELLANT(S) IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO._______OF 2021 Arising out of SLP______of 2021) Diary No. 24414 2020) KAMALINI KHILAR & ANR. … RESPONDENT(S) VERSUS JUDGMENT K.M. JOSEPH J. 1. There is a delay of 247 days in filing the SLP. Having considered the matter we are inc... |
The learned trial court cannot conduct a mini trial to find out as to whether the accused can be convicted for a particular offence or not.: High Court of Jammu and Kashmir and Ladakh | The charge can be framed against the accused even when there is a strong suspicion about the commission of offence by the accused and at the same time, the learned trial court is not expected to merely act as a post office and frame the charge just because challan for commission of a particular offence has been filed a... | HIGH COURT OF JAMMU AND KASHMIR AND LADAKH Reserved on 28.10.2021 Pronounced on 12.11.2021 CRM(M) No. 131 2021(O&M) Through : Mr. G. S. Thakur Advocate Syed Muried Hussain Shah Union Territory of J&K and another Through : Mr. Raman Sharma AAG Coram: HON’BLE MR. JUSTICERAJNESH OSWAL JUDGE The present petition has been f... |
Bail to be granted only if there are reasonable grounds to believe that the applicant is not guilty of such an offence: High Court of Himachal Pradesh | Bail application can be rejected by the court under section 37 of the NDPS act if there are no reasonable grounds to believe that the applicant is not guilty of the offence alleged against him/her. This was held by Ms. Justice Jyotsna Rewal Dua in the case of Abhishant Minhas Vs. State of Himachal Pradesh [Cr.MP(M) No.... | Hig h C o urt of H.P on 09 07 CIS IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.11921 Decided on: 8th July 2021 Abhishant Minhas …..Petitioner Versus State of Himachal Pradesh .....Respondent Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting 1 For the Petitioner: Mr. Sanjay Jaswal Advocate.... |
If a charge sheet is filed by Central Crime branch a Magistrate cannot take cognizance of it unless directed by the State Government: Karnataka High Court | Magistrate court cannot take cognizance of a charge sheet filed by an officer of the Central Crime Branch (CCB) unless the State government declares the CCB as a police station. The Karnataka High Court presided over J. B.A. Patil laid down this ratio in the case of Dr. M.G. Gopal & Ors. Vs. State by Central Police... | 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2021 THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION NO.34 2018 CRIMINAL REVISION PETITION NO.1237 2016 IN CRIMINAL REVISION PETITION NO.34 2018: BETWEEN : Principal & Dean of KIMS S o late M.G.Govindaiah Aged about 63 years N... |
Accused alleged under Sections 328, 341/34 of I.P.C. and Sections 7/8 and 16/11 of the Protection of Children from Sexual Offences Act, bail granted: High Court of Uttarakhand. | When there is no reason to keep the applicant behind the bars for an indefinite period, then the accused should be released on bail. A single Judge bench comprising Hon’ble Justice Alok Kumar Verma, in the matter of Aamir Vs. State of Uttarakhand (FIRST BAIL APPLICATION NO.1490 of 2021), dealt with an issue where the p... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA FIRST BAIL APPLICATION NO.14921 04th AUGUST 2021 …Applicant Between: and State of Uttarakhand. …Respondent Counsel for the Applicant : Mr. B.M. Pingal. Counsel for the Respondent :Mr. T. C. Aggarwal learned Deputy Advocate General wit... |
Section 11BB of Central Excise Tax does not distinguish between intentional and unintentional delay: Bombay High Court | Once there is delay in payment of refund within three months from the date of receipt of application, rigour of section 11BB sets in and payment of interest on the delayed refund becomes obligatory. It follows automatically; as a matter of law being a mandate of the statute. A division bench comprising of Ujjal Bhuyan ... | on 21 05 2021 on 22 03 WP1775_20.docIN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONWRIT PETITION NO.1775 OF 2020Qualcomm India Private Limited…PetitionerVs.Union of India and others …RespondentsMr. Prakash Shah a w. Mr. Arun Jain and Mr. Jas Sanghvi i b. PDSLegal for Petitioner.Mr. Sham Walve a w... |
Judgment without discussing the oral evidence or the evidence by way of affidavit is extremely cryptic: High Court of Delhi | The Trial Court ought to discuss the evidence on record in order to arrive at the conclusion as. Judgment passed by the Trial Court would extremely cryptic if there is no analysis of the evidence adduced by the parties at all. These were stated by High Court of Delhi, consisting Justice Prathiba M. Singh in the case of... | 7 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th January 2022 RAM KISHAN C.R.P. 51 2020 & CM APPL. 10690 2020 Through: Mr. Dhanesh Relan Mr. Paritosh Dhawan Mr. Jatin Bhatia and Mr. Brinda Ajmani Advocates. ..... Petitioner Through: Mr. Puneet Goel Advocate. Respondents SATYA VIR SINGHTHR LRS & ANR. JUS... |
A consent decree cannot be frustrated under Section 56 of the Contract Act: Delhi High Court | The doctrine of frustration of contract does not apply to a consent decree and that a decree remains binding on the parties till set aside. A compromise, even if a contract, once has the imprimatur of the Court, is a decree of the Court and to be enforced as a decree and not as a contract. Vide Section 56 of the Contra... | IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 610 2018 Date of decision: 11th August 2021 SARABJIT SINGH CHADHA Through None. .....Plaintiff DINESH SEHGAL ..... Defendant Through Mr. Aditya Wadhwa and Mr. Siddharth Sunil Advs. HON BLE MR. JUSTICE RAJIV SAHAI ENDLAW VIA VIDEO CONFERENCING] RAJIV SAHAI ENDLAW J. IA No.... |
The Court has no power under Article 226 to check whether academic qualification certificates are in consonance with the recruitment rules: Jammu and Kashmir High Court | In a situation where the academic qualification certificate is questioned by the selection/ appointing authority from the very existence and supported by the certificates of the Board of Technical Education, the learned Writ Court was required, for doing the substantial justice, to evolve a mechanism by virtue of which... | LPA no. 36 2020 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR LPA no. 36 2020 CM no. 955 2020 Reserved on 19.04.2021 Pronounced on 23.04.2021 J&K Service Selection Board …. Appellant(s) Through: Mr Mir Suhail AAG Mr Sajjad Ashraf GA V s Ashiq Hussain Shah and others … Respondent(s) Through: Mr S. A. Naik Advocate Mr M. ... |
If any person indulges in unfair trade practices relating to securities, the monetary penalty should be imposed under 15HA of SEBI act -THE SECURITIES AND EXCHANGE BOARD OF INDIA | If any person indulges in unfair trade practices relating to securities, the monetary penalty should be imposed under 15HA of SEBI act -THE SECURITIES AND EXCHANGE BOARD OF INDIA SEBI observed some large-scale trade reversals in the stocks segment and pursuing further investigation it was found that total 2,91,744 trad... | BEFORE THE ADJUDICATING OFFICER SECURITIES AND EXCHANGE BOARD OF INDIA ADJUDICATION ORDER NO. Order BM UR 2021 22 14819] UNDER SECTION 15 I OF SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992 READ WITH RULE 5 OF SEBIRULES 1995. In respect of Kasturi Aich PAN: ACCPA1896N) In the matter of Trading in Illiquid Stock Option... |
An FIR can only be quashed when it does not disclose any cognizable offence, has been lodged with motive of vengeance or in utter disregard of law: High Court of Jammu and Kashmir | There are only three situations where a First Information Report will be quashed, i.e., when it can be established that it does not disclose any cognizable offence, was lodged with the ulterior motive of wreaking vengeance or was lodged in utter disregard of the provisions of law. This was held by a single member bench... | t HIGH COURT OF JAMMU AND KASHMIR S. No. 216 AT JAMMU Mohd. Shabir State of J&K and another CRMC No. 84 2014 IA No. 101 2014 RespondentThrough : Mr. Suyash Singh Chandel Advocate Through : Mr. Adarsh Bhagat GA Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL JUDGE The present petition has been filed by the petitioner for quas... |
All claims based on the Larsgess Scheme must now be closed: Supreme Court of India | The court dismissed a petition requiring it to invoke Article 32 seeking a grant of relief under Larsgess Scheme that was terminated in 2017. The scheme enabled a certain category of railway employees to seek ‘voluntary retirement’ after they complete a service of 33 years or reach an age group of 55-57 years and can s... | IN THE CIVIL ORIGINAL JURISDICTION Writ PetitionNo 721 Manjit and Ors Union of India and Anr JUDGMENT Dr Dhananjaya Y Chandrachud J Invoking the jurisdiction under Article 32 of the Constitution the petitioners seek the following reliefs Issue a writ in the nature of mandamus directing the respondent to appoint the pet... |
PURANLAL LAKHANPAL V. UNION OF INDIA | On July 24, 1956, the grounds of detention were communicated to the appellant under S. 7 of the Preventive Detention Act No. 4 of 1950. The case of the appellant was then sent to an Advisory Board constituted under S. 8 of the Act, and the Advisory Board having reported that there was, in its opinion, sufficient cause ... | P. L. LAKHANPAL Vs UNION OF INDIA DATE OF JUDGMENT SARKAR A.K.(b) If ultra vires s 3(2)(15)of Defence of India Act Constitution of India Art. 352 Proclamation If to state satisfaction of The petitioner the editor of a newspaper was detained under r. 30(1)(b) of the Defence of India Rules 1962. He filed a petition unde... |
Between ‘may be true’ and ‘must be true’ there is inevitably a long distance to travel and the whole of this distance must be covered by legal, reliable and unimpeachable evidence: Bombay High Court | Between ‘may be true’ and ‘must be true’ there is inevitably a long distance to travel and the whole of this distance must be covered by legal, reliable and unimpeachable evidence, this was upheld in the recent case of Mohd. Arman Mohd. Ali Khan v. The State of Maharashtra [CRIMINAL APPEAL NO. 685 OF 2010, CRIMINAL APP... | IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 685 OF 2010 INTERIM APPLICATION NO. 1435 OF 2020 INTERIM APPLICATION NO. 1941 OF 2021 1. Mansoorali Khan Ahmed Khan Majipur Post Baktavsinh Tal. Karnalganj. Dist. Gonda Uttar Pradesh 2. Shahjad Ahmed Tashrif Ahmed Khan Taspur... |
There can be no appointment of arbitrator without the consent of the next party: The High Court of Delhi | A single party cannot unilaterally appoint an Arbitrator without the consent of the other party, as this would defeat the purpose of an unbiased decree to settle the dispute between the parties. This was held in the judgement passed by a bench of the High Court of Delhi consisting of Mr Justice Suresh Kumar Kait in the... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 593 OF 2021 Arising out of SLPNo. 16018 APPELLANT STATE OF RAJASTHAN & ANR CRIMINAL APPEAL NO. 594 OF 2021 Arising out of SLPNo.50121 D.No. 71919 STATE OF RAJASTHAN JUDGMENT SANJAY KISHAN KAUL J Indra Devi the appellant is the complainant in FIR No.80 dated 23.... |
Pre-arrest bail is denied to the accused ,even if there is FIR of the same incident as a defence : Patna High court | The pre-arrest bail granted in anticipation of arrest has to function like any other order granting bail till an order of conviction or till an assenting direction is passed. A single bench comprising of Justice Ahsanuddin Amanullah adjudicating the matter of Lalan Yadav v. The State of Bihar (CRIMINAL MISCELLANEOUS No... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.355620 Arising Out of PS. Case No. 99 Year 2020 Thana GAYA MUFASIL District Gaya Lalan Yadav aged about 40 yearsSon of Sidheshwar Yadav 2. Guddu Yadav @ Army @ Guddu Kumar aged about 35 yearsSon of Sidheshwar Yadav District Gaya Both petitioner no. 1 an... |
High court allows to quash the proceedings due to absence of said allegation in FIR: Karnataka High court | The criminal petition is filed under section 482 of the CPC( saving inherent powers of high court) to quash the proceedings against petitioner on the file of Additional Metropolitan Magistrate, Bengaluru for the offence punishable under section 498-A of IPC ( husband or relatives of husband of women subjecting her to c... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY 2022 THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.3207 OF 2018 1. MR. NISHTALA RAM MOHAN S O. LATE N R SHARMA AGED ABOUT 77 YEARS. 2. MRS. VIJAYA LAKSHMI W O. NISHTALA RAM MOHAN AGED ABOUT 60 YEARS. PETITIONERS 1 AND 2 A... |
Offenders who show aspiration to live as law abiding citizens should be encouraged through parole: High Court of Himachal Pradesh | The purpose of prison sentences is to reform convicts and not to punish them. For this reason in cases where a convict is not a threat to society and shows genuine desire to reform and maintain societal links, parole should be encouraged for short periods of time. The judgement passed by a bench consisting of Justice T... | Hig h C o urt of H.P on 06 06 CIS IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CWP No. 49620 Decided on: 04.06.2021Arun Kumar …PetitionerVersus State of Himachal Pradesh and others …Respondents_____________________________________________________________Coram:Hon’ble Mr. Justice Tarlok Singh Chauhan Judge.Hon’ble Mr.... |
Criminal Complaints should accompany an affidavit stating Complainant’s knowledge of its contents: Kerala High Court | If there is a complaint made to a magistrate then it is advisory that it should contain the affidavit along with it so as to strengthen the varsity of the complaint’s content. The decision was passed by the Hon’ble Court in consequence of false and frivolous allegations that were made in a complaint by certain complain... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR TUESDAY THE 18TH DAY OF AUGUST 2020 27TH SRAVANA 1942 Crl.MC.No.2560 OF 2015 CRIME NO.380 2015 OF Thrikkakara Police Station Ernakulam AGED 35 YEARS S O SIVAN CHERIYAPUYTHENVEETTIL HOUSE KODUNGALLOOR THRISSUR DISTRICT SRI.ARUN PAUL JACOB R... |
Where bail has been granted by a lower court, an appellate court must be slow to interfere and ought to be guided by the principles set out for the exercise of the power to set aside bail: The High Court of Delhi | The determination of whether a case is fit for the grant of bail involves the balancing of numerous factors, among which the nature of the offence, the severity of the punishment and a prima facie view of the involvement of the accused are important. No straitjacket formula exists for courts to assess an application fo... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th JUNE 2021 CRL.M.C. 1209 2021 & CRL.M.A. 6143 2021SHAKUNTALA DEVI GOLYAN ..... Petitioners Through Mr. Rakesh Kumar Singh Advocate STATE NCT OF DELHI AND ORS. ..... Respondents Through Ms. Meenakshi Chauhan APP for the HON BLE MR. JUSTICE SUBRAMONIUM PRASAD ... |
No title can be conferred upon the Appellant, based on unregistered documents: Delhi High Court | “No trial would be required as even if these documents are taken on file as evidence, by virtue of them being unregistered documents, they would not be valid and would confer no title.”, this remarkable stand was forwarded by Delhi High Court single judge bench chaired by Hon’ble Justice Mr. Prathiba M. Singh in the cr... | Signature Not Verified Digitally Signed By:DINESH IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19th November 2020 Date of decision: 17th December 2020 EX.F.A. 9 2020 & CM APPLs. 21460 63 2020 VATEENA BEGUM Through: Md. Azam Ansari Advocate along Appellant in person with Appellant SHAMIM ZAFAR & ANR. Through: M... |
The fundamental Postulate of the Criminal Jurisprudence is the Presumption of Innocence until Innocent is found Guilty: High Court of Shimla | In criminal jurisprudence, the person is presumed to be innocent, unless and until he is found guilty. This auspicious judgement was passed by the High Court of Shimla in the case of Anita Kumari Versus State of Himachal Pradesh [Cr.MP(M) No. 563 of 2021] by The Hon’ble Mr. Justice Sandeep Sharma, judge. The bail appli... | Hig h C o urt of H.P on 07 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. Cr.MP(M) No. 5621 Decided on: 07.4.2021 __________________________________________________________________ Anita Kumari Petitioner Versus State of Himachal Pradesh ….Respondent _____________________________________________________________... |
Banks cannot wash off their hands and claim that they bear no liability towards their customers for operation of locker: Supreme Court of India | Locker Hiring Facility will now be governed by principles laid down by SC that shall remain binding upon the banks which are providing locker or safe deposit facilities while directing RBI to lay down comprehensive guidelines for locker facility/safe deposit facility management. This auspicious judgment was passed by t... | This appeal by special leave arises out of the judgment of the National Consumer Disputes Redressal Commission Revision Petition filed against the judgment of the State Kolkata Branch of the Respondent No. 1 Bank. In 1970 the Appellant Complainant was included as a joint holder of the of 19931994. Further that the loc... |
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