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No reservation for in-service Doctors this year: Supreme Court | There will be reduction of 50% of seats in Super Specialty courses in Tamil Nadu if the Government Order is carried out, which is detrimental to their chances of admission. Admittedly no reservation for in-service Doctors was implemented since 2016. And, no reservation could be permitted for in-service Doctors for this... | Non Reportable IN THE CIVIL APPELLATE ORIGINAL JURISDICTION Civil Appeal No.38420 Arising out of SLPNo.128920 DR. PRERIT SHARMA & ORS DR. BILU B.S. & ORS …. RespondentNo.12920 Civil Appeal Nos. 3841 38420 Arising out of SLPNos.13670 136720 O R D E R Leave granted in the special leave petitions and the Writ Petition is ... |
A proceeding can be quashed under section 482 of the Code of Criminal Procedure: High Court Of Jharkhand | No detailed order is required for passing any order for summoning the accused. Such an opinion was held by The Hon’ble High Court of Jharkhand before The Hon’ble Mr. Justice Sanjay Kumar Dwivedi in the matter of Binoy Kumar Jha @ Binay Kr. Jha and Ors Vs. The State of Jharkhand [Cr.M.P. No. 565 of 2021]. The facts of t... | 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... |
Under Section 67 of the NDPS Act can be used limited to the extent permissible under Section 27 of the Indian Evidence Act: Delhi High Court. | The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibit a person the production/manufacturing/cultivation, possession, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. Section... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 15th July 2021 Decided on: 24th August 2021 BAIL APPLN. 1030 2021 MAHMOOD KURDEYA Petitioner Represented by: Mr. Anoop Kumar Gupta Adv. NARCOTICS CONTROL BUREAU Respondent Represented by: Mr. Subhash Bansal Sr Standing Counsel for NCB with Mr. Shashwat Bansal Adv. H... |
Sections 29 and 30 of the POCSO Act do not absolve the prosecution of its duty to establish the foundational facts: High Court of Tripura | Establishment of fundamental facts by the prosecution acts as a safety guard against misapplication of statutory presumption since prosecution has to establish a prima facie case beyond a reasonable doubt. Only after this, the accused will be under obligation to rebut the presumption that arises, by adducing evidence w... | THE HIGH COURT OF TRIPURA CRL A34 OF 2019 Sri Lalmalsom Kaipeng S o Sri Neldhansek Kaipeng of Palku Colony PS Taidu District Gomati Tripura. …. Appellant HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON’BLE MR. JUSTICE ARINDAM LODH Vs The State of Tripura For the appellant For the State respondent Date of hearing Date of... |
The appellant deserves “Benefit of Doubt”: Patna High Court | Apart from the factum of compromise, rather even after ignoring compromise, the prosecution evidence does not inspire confidence regarding the connection between the offenses alleged and the involvement of the appellant. Hence, the appellant deserves the benefit of the doubt. This auspicious judgment was passed by the ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo.31519 Arising Out of PS. Case No. 31 Year 2014 Thana CHENARI District Rohtas Vakil Paswan Son of Shankar Paswan Resident of Village Karma Police Station Chenari District Rohtas at Sasaram THE STATE OF BIHAR ... Appellant s ... Respondent s For the Appellant s M... |
Rule 41 (5) of Maharashtra Employees of Private Schools Conditions of Service) Regulation Act, 1977 would not apply to the transfer of a non-teaching staff: Bombay High Court | Rule 41 (5) would not apply to the transfer from a junior college to secondary school though run by the same Management in case of non-teaching staff. Such an observation was made by the Hon’ble Bombay High Court before Hon’ble Justice R.D. DHANUKA & Hon’ble Justice ABHAY AHUJA in the matter of Rahul Prakash Nilgar... | 1 15 WP 2547 21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2547 OF 2021 Rahul Prakash Nilgar Age : 35 years Occ. Service Address : Shri. S.S. Shelke Prashala Junior College Vagdari Tal Akkalkot Dist Solapur 1. State of Maharashtra … Petitioner 2. Education Offcer Seconda... |
A writ petition filed under Article 226 praying for issuance of Writ of Mandamus dismissed on considering no merit – Madras high court | A writ petition filed under Article 226 praying for issuance of Writ of Mandamus dismissed on considering no merit – Madras high court The writ petition is filed under article 226 of the constituion of India for the issuance of a writ of mandamus against respondents and requesting the respondents to permit the petition... | IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30 04 2021CORAM:THE HON BLE MR.JUSTICE M.GOVINDARAJWP NO.19337 OF 2017Mahadev Viswanathan ... Petitioner Vs.1.Joint Secretary Department of Economic AffairsMinistry of FinanceRoom No.39 B New Delhi 110 001.Room No.312 A Wing Shastri Bhawan New Delhi 110 001.3.Joint Secre... |
“Exit load charged by Asset Management Companies (AMCs) in various mutual fund schemes, is not maintained by SEBI…”: SEBI, Part 1. | Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Vinod Kumar Agarwal v CPIO, SEBI, Mumbai (Appeal No. 4369 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 2005. The appellant, Mr Vinod Kumar Agarwal had filed an application via RTI MIS Po... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Vinod Kumar Agarwal CPIO SEBI Mumbai The appellant had filed an application dated July 01 2021under the Right to Information Act 2005gained over last 20 Years due to the exit ... |
Consent to be given primacy when two individuals enter into wedlock: Supreme Court of India | An FIR filed by the parents of the petitioners were quashed by the Supreme Court of India citing that that the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock and that their consent has to be piously given primacy. This was held in the cas... | IN THE ORIGINAL JURISDICTION WRIT PETITIONNO.359 2020 LAXMIBAI CHANDARAGI B & ANR. Petitioner(s THE STATE OF KARNATAKA & ORS. Respondent(s JUDGMENT SANJAY KISHAN KAUL J We have heard learned counsel for parties One Mr. Basappa Chandaragi lodged a complaint with the Murgod Police Station Savadatti Taluk Belagavi Distric... |
For an offence of sodomy under POCSO Act, the victim should be below 18 years and accused should be guilty u/s 377 of the IPC: High Court of Delhi | In order to bring home the guilt of accused within the ambit of Section 6 of the POCSO Act, it was incumbent for the prosecution to prove that the victim was a minor, i.e. below the age of 18 years at the time of commission of crime. For convicting the Appellant/Accused for an offence punishable under Section 377 of th... | IN THE HIGH COURT OF DELHI AT NEW DELHI 21st January 2022 Reserved on: Pronounced on: 04th March 2022 CRL.A. 321 2016 & CRL.MNo. 385 2020 LAXMAN @ LUCKY ..... Appellant Through: Mr. Vijay Kumar Shukla Ms. Nupur Shukla Mr. Anirudh Gulati and Mr. Digant Mishra .... Respondent Through: Mr. Panna Lal Sharma APP. HON’BLE M... |
Every delay in conducting a disciplinary enquiry does not, ipso facto, lead to the enquiry being vitiated: Supreme Court of India | Whether prejudice is caused to the officer who is being enquired into is a matter which has to be decided on the basis of the circumstances of each case. Prejudice must be demonstrated to have been caused and cannot be a matter of surmise. Apart from submitting that the first respondent was unable to proceed on deputat... | IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No 51521 Arising out of SLPNo 46520 State of Madhya Pradesh & Anr Akhilesh Jha & Anr JUDGMENT Dr Dhananjaya Y Chandrachud J This appeal arises from a judgment of a Division Bench of the High Court of Madhya Pradesh dated 5 September 2019 The first respondent was posted a... |
Speedy trial is the right of the accused who cannot be kept in custody for an indefinite period: High Court of Delhi | The right to speedy trial is a concomitant of Article 21 of the Constitution of India and it can be presumed that one the facets would also be that the accused cannot be kept in custody indefinitely and the same was upheld by High Court of Delhi through the learned bench led by Justice Subramonium Prasad in the case of... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08th FEBRUARY 2022 IN THE MATTER OF: BAIL APPLN. 2557 2018 NANCY GILL ..... Petitioner ..... Respondent HON BLE MR. JUSTICE SUBRAMONIUM PRASAD Through Mr. R K Wadhwa Advocate with Mr. Sidheswar Rai Mr. Binod Kumar Gautam Mr. Gaurav Takar Through Ms. Neelam Sharm... |
Proddatur Digi Cable Services V/s Siti Cable Network Limited | The Arbitration Clause empowering the “Company‟ to appoint the Sole Arbitrator in the present case would be vitiated in the light of the law laid down by the Supreme Court in the case of Perkins. The present petition has been filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 seeking a declara... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18.12.2019 Date of Judgment: 20 .01.2020 O.M.P.(COMM.) 109 2019 and I.A. 17896 2019 PRODDATUR CABLE TV DIGI SERVICES ..... Petitioner Through Mr. R.V. Yogesh Ms. Sindoora and Ms. Snigdha Singh Advocates. SITI CABLE NETWORK LIMITED ..... Respondent Through Ms. Ritwik... |
Shyamlal Devda and Ors. V/s Parimala | Petition under the Domestic Violence Act can be filed in a court where the “person aggrieved” permanently or temporarily resides or carries on business or is employed. [Case Brief] Shyamlal Devda and Ors. V/s Parimala Case name: Shyamlal Devda and Ors. V/s Parimala Case number: CRIMINAL APPEAL NO. 141 OF 2020 Court: Su... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 141 OF 2020 Arising out of SLP(Crl.) No.49719 SHYAMLAL DEVDA AND OTHERS …..Appellants …..Respondent JUDGMENT R. BANUMATHI J This appeal arises out of the impugned judgment dated 18.02.2019 passed by the High Court of Karnataka at Bengaluru in Criminal Petition ... |
Arbitration can only be challenged before the courts once the award is passed : Supreme Court | Higher Courts cannot use their inherent power under Article 227 of the Constitution to interject the arbitral proceedings before the award is given except in rare and exceptional cases. The Supreme Court bench consisting of J. N V Ramana, J. Surya Kant and J. Hrishikesh Roy, explained upon the principle of unbreakabili... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 14665 OF 2015 BHAVEN CONSTRUCTION THROUGH AUTHORISED SIGNATORY PREMJIBHAI K. SHAH … APPELLANT EXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAM LTD.& ANR. … RESPONDENTS JUDGMENT N.V. RAMANA J. 1. This Civil Appeal raises an important question of law concerning arbitrat... |
The Court declined pre-arrest bail to the petitioner as he was arrested under Sections 341, 323, 307, 504, and 506/34 IPC and 27 of the Arms Act, 1959: High court of Patna | The petitioner was arrested under Section 341 of the Indian Penal Code, “Punishment for wrongful restraint”, section 323, “ Punishment for voluntarily causing hurt”, section 307, “Attempt to murder”, section 504, “Intentional insult with intent to provoke breach of the peace”, section 506, “Punishment for criminal int... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 123621 Arising Out of PS. Case No. 116 Year 2020 Thana MUNGER MUFFASIL District Munger Md Irshad Male aged about 25 years Son of Mohd Jameel Resident of Village Banaudha PS Muffasil District Munger The State of Bihar ... Petitioner s ... Opposite Party... |
Entitled to bail even if raped on pretext of marriage : Bombay High Court | A man accused of raping a woman is entitled to anticipatory bail upon being booked for charges of rape on the pretext of marrying the victim in future is upheld by the High Court of Judicature at Bombay through a single judge bench led by HONOURABLE MR. JUSTICE SP TAVADE in the case of Gulab Laxman Meshram v. State Of ... | IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION417 of the Indian Penal Code. Victim girl is aged about 24 years. She lodged First Information Report on 13 12 2021 wherein she contended that she is resident of village Gawara Tq. Zari Distt. Yavatmal. She completed her nursing course... |
Challenging the direct recruitment made with the settled principles of law: Cuttack High Court | Committed error in failing the appreciate the principle that the process of recruitment prescribed in the Odisha Human Rights Commission rules,2012 cannot have the retrospective application by Hon’ble Justice B.P. Routray in the matters of Nihar Ranjan Tripathy v. State of Odisha and others. [ Writ Appeal No. 523 of 20... | IN THE HIGH COURT OF ORISSA AT CUTTACK WRIT APPEAL No.5220 From the judgment dated 6th August 2020 passed by learned Single Judge in Writ PetitionNo.143417) Nihar Ranjan Tripathy Appellant Versus State of Odisha and others ….… For Appellant Mr. Susanta Kumar Dash Advocate Mr. Manoj Kumar Khuntia A.G.A. Mr. V. Narasing... |
Appeal u/s 372 Crpc for enhancement of sentence is not maintainable: Supreme Court of India | For the aforesaid reasons, we do not find any merit in this appeal so as to interfere with the impugned order passed by the High Court. The appeal is accordingly dismissed held by the division bench of Hon’ble Justice Ashok Bhushan and Justice R. Subhash Reddy in Parvinder Kansal vs. State of NCT of Delhi [Criminal Ap... | Crl.A.@S.L.P.(Crl.)No.39220 This criminal appeal is filed by the appellant in Criminal Appeal No.1284 of 2019 aggrieved by the order dated 27th by the appellant herein under Section 372 of the Code of Sessions Case No.742 of 2007 by the Special Judge North District Rohini District Courts Delhi vide order dated 2007 reg... |
Only High Courts have the power to take cognizance in respect of contempt of subordinate courts under Contempt of Courts Act, 1971: High Court of Delhi | According to Sections 10 and 15 of the Contempt of Courts Act, 1971, only High Courts have the power to take cognizance in respect of contempt of courts subordinate to it. Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings has not been initiated. A subordinate court... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th January 2022 CM(M) 36 2022 ICICI BANK LIMITED Petitioner Through: Mr. Dayan Krishnan Sr. Advocate with Mr. Ripu Daman Bhardwaj Mr. Deepak Kaushik and Mr. Sanjeev Bakshi Advocates. RASHMI SHARMA Through: None. Respondent HON BLE MR. JUSTICE AMIT BANSAL VIA ... |
Right to get maintenance is not obliterated or affected by a custom nor would custom absolve the husband from his obligation to pay maintenance to his wife: High Court of J&K and Ladakh | Right to seek maintenance by the wife from her husband is a statutory right and this right is guaranteed under Section 488 Cr.P.C. Right to get maintenance is not obliterated or affected by a custom nor would custom absolve the husband from his obligation to pay maintenance to his wife as observed by the High Court of ... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRMc no.116 2019no.116 2019] Farooq Ahmad Naikoo Haseena and others Reserved on: 17.08.2021 Pronounced on: 08.10.2021 Through: Mr M. Ayoub Bhat Advocate Through: Mr S. M. Ayoub Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE 1. In this petition preferre... |
The Petition found to be non-maintainable and shall be appealed under Section 17 of the Sarfaesi Act 2002: High Court Of Patna | The petitioners have failed to show their bona fide since they are not ready to deposit any substantial amount out of the outstanding loan amount, due and payable, even according to them. The Court further found that the present writ petition is not maintainable and the appropriate remedy for the petitioner is to file ... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.197021 Charter Awadh Educational Trust At and P.O. Belawaiyan P.S. Dinara District Rohatash 802213 through its Managing Trustee Sri Satyendra Sri Satyendra Kumar Son of Sri Ram Awadh Singh Managing Trustee Charter Awadh Educational Trust resident ... |
“Respondent will face jail time if he does not deposit the said amount”: Supreme Court, Part 2. | In the proceedings dated 09.08.2021, learned counsel submitted on behalf of the appellant that he was willing to pay compensation of Rs.3.00 lakhs to respondent No.2 for herself and the children and requested for about six months’ time to raise the money. Since respondent No.2 did not put an appearance despite service,... | NON REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO .894 OF 2021 … APPELLANT THE STATE OF JHARKHAND & ANR. …RESPONDENTS JUDGMENT SANJAY KISHAN KAUL J Hena Bibi respondent No.2 complainant claimed to be the legally married wife of the appellant the marriage having been solemnised on 8.2.2000 as per... |
Government is free to set terms of tender unless it is arbitrary, malafide or discriminatory: High Court of Jammu and Kashmir | The court will not interfere in the matter of terms and conditions of a tender issued by the government unless, they are blatantly discriminatory, arbitrary or of malafide nature. This was held in the judgement passed by a single member bench of the High Court of Jammu and Kashmir consisting of Justice Ali Mohammad Mag... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1602 2021 CM No. 5391 2021 Serial No. 124 Supplementary 1 List Dated: 17th of August 2021. … Petitioner(s) Rural Contractors Welfare Association & Ors. Mr Mohammad Ashraf Wani Advocate. Union Territory of JK & Ors. Through: Mr M. A. Chashoo AAG. … Responden... |
For an alleged abuse of dominant position, delineation of relevant market to set the boundaries of competition analysis: Competition Commission of India | Proper delineation of the relevant market is required to identify the competing alternatives offered to people and, as a result, the competitive restrictions encountered by the enterprise under investigation in a systematic manner. This entails determining the substitutable goods or services as well as defining the geo... | COMPETITION COMMISSION OF INDIA Case No. 121 In Re: TT Friendly Super League Association 1204 D Wing Anuraddha Building Bharatkhand CHS Tilak Nagar Mumbai 400 089 The Suburban Table Tennis Association 303 Cosmos Court Opposite IOL Petrol Pump SV Road Vile Parle West Mumbai 400 056 Maharashtra State Table Tennis Associa... |
Decree granting restitution of conjugal rights can be denied without a justifiable cause: High court of Calcutta | In absence of any cogent or corroborative evidence in support of the claim of the appellant, it can be held that the appellant deserted the respondent without any justifiable cause. This was decided in the case of Mousami Sarkar vs. Subhendu Sarkar [F.M.A.T. 624 OF 2016] by Hon’ble Justice Arindam Sinha and Hon’ble Jus... | IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE The Hon’ble JUSTICE ARINDAM SINHA The Hon’ble JUSTICE SUVRA GHOSH F.M.A.T. 624 OF 2016 I.A. NO. CAN 1 OF 2016(Old No. CAN 5241 OF 2016) CAN 17CAN 19CAN 21 Smt. Mousami Sarkar Subhendu Sarkar For the Appellant : Mr. Deb Dutta Basu Adv. Mr. Pampa D... |
The District Commission failed to notice facts that prove deficiency in service, thus its order is contrary to facts and law: Karnataka State Consumer Disputes Redressal Commission | The District Commission’s ruling in favor of the Opposition Party was held to be incorrect by the State Commission as it failed to consider all facts on record that clearly showed that the Opposite Party had provided a deficient service to the Complainant. This was observed in the matter of Sri. Lakshminarayan v. Globe... | 1 Appeal No.583 2021 Date of Filing : 12.08.2021 Date of Disposal : 02.11.2021 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURUDATED THIS THE 02nd DAY OF NOVEMBER 2021 HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER APPEAL NO.583 2021 Sri.Lakshminara... |
Notice under section 12(2) of SARFAESI Act to be dismissed if doesnot fall under jurisdiction of Jammu and Kashmir : High Court Of Jammu and Kashmir | The question as to whether a writ petition against a notice under section 12(2) of the SARFAESI Act be valid , was examined by THE HIGH COURT OF JAMMU AND KASHMIR , consisting of Justice B.S Walia in the matter of Mr. Ind. Swift Limited Vs. UOI [AIR 2017 J&K 95] on 16.02.2017. The facts of the case are a notice u... | Ind Swift Limited V. Union Of India high court Of jammu And kashmir OWP No. 10416 16 02 2017 Ind Swift Limited Union Of India HON BLE JUSTICE B.S. WALIA J. AIR 2017 J&K 95 2017JKJ 589 4BC 158 B.S. Walia J.—Petitioner has sought the issuance of a writ of Certiorari for quashing of notice dated 3 2 2016 issued u S.13 of ... |
Mere name in the selection list doesn’t guarantee appointment: Supreme Court | In the case of Commissioner of Police and Anr. Versus Umesh Kumar [Special leave petition (c) 5545/2019], the Supreme Court discerned that mere inclusion of one’s name in the selection list doesn’t inflict upon them or the fact that he/she will be appointed. The acumen was passed by the Honorable Justice Dr. Dhananjaya... | Reportable IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No. 33320 Arising out of Special Leave PetitionNo. 33319) Commissioner of Police and Anr Umesh Kumar …Respondent And With Civil Appeal No. 33320 Arising out of Special Leave PetitionNo. 55419) JUDGMENT Dr Dhananjaya Y Chandrachud J On 27 January 2013 a notice ... |
Victim is not a necessary party to a criminal appeal from conviction for offences against women or child under POCSO or other Statutes: Calcutta High Court | The victim is not required to be a party to a Criminal Appeal from a conviction for offences against a woman or a child, punishable under the provisions of the IPC or POCSO Acts, or any other penal provision that applies to offences affecting the human body against any women/child all terms are understood in the contex... | IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE PREsent : THE HON’BLE CHIEF JUSTICE THOTTATHIL B. RADHAKRISHNAN THE HON’BLE JUSTICE ANIRUDDHA ROY cRA 228 OF 2020 In tHE MAtteR OF : GANESH DAS CRA 26 OF 2021 In tHE MAtteR OF : RABIUL SK For the Appellant in CRA 228 of Mr. Avik Ghatak For th... |
Offences under Section 307 IPC can be quashed under exceptional circumstances: High Court of Delhi | The High Court of Delhi exercised its jurisdiction under Section 482 Cr.P.C to quash the FIR on the ground that the parties have entered into a compromise. This was held in the case of Mohammed Umair v. State and Anr, [CRL.M.C. 674/2021], by Hon’ble Justice Subramanion Prasad. The accused who was arguing with his moth... | Feeling aggrieved and dissatisfied with the impugned Case No.1398 of 2020 by which the High Court has released of 2019 under Sections 420 467 468 471 120B IPC registered in Police Station Kotwali District Unnao the original informant 3. That the Record Keeper of the Civil Court Unnao on the order of the District Judge... |
The award passed by a land acquisition officer is to be treated as an ‘offer’: Madras High Court | The award of the Land Acquisition Officer, is nothing more than an offer. It is open to the person whose lands are being acquired to accept that offer or he may not accept that offer and claim a reference to the Court. This was held by the Hon’ble Justice C. V. Karthikeyan in the case of N. Venugopal and Ors. Vs. The D... | 1IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON: 17.08.2021 PRONOUNCED ON: 25.08.2021CORAMTHE HON BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.Nos. 18130 18548 18620 19566 19571 and 19574 of 2020W.P.Nos. 532 556 502 513 523 1849 542 549 and 554 of 2021AndW.M.P.Nos. 23094 23092 24184 24188 22988 24194 22994 and 225220W.M.P... |
“Response to the query would be an answer either affirmative or negative, depending on the available records…”: Appellate 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 Swaminath Singha v CPIO, SEBI, Mumbai (Appeal No. 4324 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Ac... | Appeal No. 42921 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 42921 Swaminath Singha CPIO SEBI Mumbai The appellant had filed an application dated April 02 2021under the Right to Information Act 2005against the said response dated May 07 2021.... |
In respect of Railways, CBI’s authority falls outside the purview of state’s authority to grant consent: Calcutta High Court | The Authority of the CBI to investigate in the jurisdiction of Railway Area will remain unfettered by the withdrawal or grant of consent by the State Government. The judgment was given by the single bench of Hon’ble Justice Sabyasachi Bhattacharya in the case of Anup Majee vs.Union of India [WPA no.10457 of 2020] by st... | In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya WPA No. 104520 Anup Majee Vs. Union of India and others For the petitioner For the Union of India For CBI For the State Mr. Farooq A. Razzak Mr. Monoj Malhotra Mr. Sabir Ahmed Mr. Subir Farrok Mr. ... |
Phone Tapping Violates Article 21 Unless Permitted by Procedure Established by Law: Chhattisgarh High Court | The dismissal order shall be focused solely on telephone communication recorded, which, therefore, would amount, against the dictum established by the Supreme Court, to offending Article 21 of the Indian Constitution. Therefore, a judicial judgment cannot isolate the reason for dispensation from the enquiry on the basi... | 1AFRHIGH COURT OF CHHATTISGARH BILASPU R and subsequent dismissal orders dated 28.07.2011Clausewithout there being any 3departmental enquiry. Since the services were terminated on the basis of the telephonic mobile conversations by invoking power under Article 311(2) Clauseas such no enquiry was held. when the said dis... |
Rape victim’s consistent testimony sufficient for conviction of accused: Delhi High Court | The question as to whether a person accused of rape charges can be convicted on the basis of consistent testimony of the victim was examined in Delhi High Court in a bench consisting of Justice Mukta Gupta in the matters of RN v. State which was decided on 4.1.2022. The facts of this case are that when the victim was 5... | IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4th January 2022 CRL.A. 705 2018 Represented by: Mr. Nitish Chaudhary Advocate Appellant through video conferencing. Respondent Represented by: Mr. Tarang Srivastava APP for the State through video conferencing. HON BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA J.CRL.A. 705... |
Statements made under Section 161 CrPC inadmissible as evidence to refuse bail: High Court of Delhi | When a police officer reduces into writing any statement made to him by a witness, in the course of investigation under Section 161 of CrPc, such a statement cannot be used to refuse grant of bail to an accused. This was decided in the case of Junaid and Ors. v. State of Delhi BAIL.APPLN.3163/2020 in the High Court of... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: February 10 2021 Pronounced on: February 19 2021 Through: Mr. Salim Malik Adv. ..... Petitioner .Respondent Through: Mr. S.V. Raju ASG with Mr. Amit Mahajan SPP Mr. Amit Prasad SPP Mr. Rajat Nair SPP Mr. Shantanu Sharma Mr. Dhruv Pande Ms. Sairica Raju Mr. A. Venkat... |
The direct and indirect impact of the crime on rape victims’ body and mind cannot be ruled out – Madras High Court | The offence has everything to do with the corrupt mind of the accused not seeing the prosecutrix as another living being, This crime and the punishment, has only the time tested message to every individual of the society. This was stated by the single bench heading Hon’ble Justice D. Bharatha Chakravarthy in the case G... | Crl.R.C.No.7014IN THE HIGH COURT OF JUDICATURE AT MADRASOrder Reserved on : 14.12.2021Order Pronounced on : 23.12.2021CORAM : THE HON BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYCrl.R.C.No.7014Gopi @ Saravanan .. PetitionerVersus1.State rep. by The Inspector of Police Kalasapakkam Police Station Tiruvannamalai District. 2.Pr... |
Analyze intention to cause death with respect to Culpable homicide: Cuttack High Court | The circumstance and the actions attributable to the culpable homicide did not amount to the murder falling within the ambit of Exception 4 to Section 300 of the I.P.C is held by Justice B.P.Routray in the matters of Raina @Ranjan Juanga v. the State of Odisha. [CRLA No. 356 of 2009]. The background of the case arises ... | IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.3509 An application under Section 374 of the Cr.P.C. against the judgment dated 30th June 2009 passed by the learned Sessions Judge Keonjhar in Sessions Trial Case No.608. Raina @ Ranjan Juanga State of Odisha Advocate(s) appeared in this case : For Appellant Mr. Chittara... |
On grounds of public policy, the wife cannot enter into a contract that she will not claim any alimony in future: High Court of Himachal Pradesh | Such contract is void and the Court will take notice of that and ignore such an agreement even though it was made by consent. The wife cannot barter away her right to future maintenance and enter into a contract to that effect and such a contract will be a void contract in the eye of law. This remarkable judgment was p... | Hig h C o urt of H.P on 30 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACMP No. 89519 in FAONo. 501Reserved on : 23.04.2021Decided on28.04.2021Smt. Beasa Devi…..Applicant AppellantVersusSh. Shiv Dayal ….Non applicant RespondentCoram:The Hon’ble Mr. Justice Tarlok Singh Chauhan Judge.Whether approved for reporti... |
Non examination of investigating officers and witnesses can cause prejudice to the parties of the case – Delhi High Court. | Non examination of investigating officers and witnesses can cause prejudice to the parties of the case – Delhi High Court. In certain cases it is hard to determine the commission of offence under section 375 of IPC mainly when the conviction is to be awarded only basing the statement of the complainant, such a matter w... | IN THE HIGH COURT OF DELHI AT NEW DELHI 7th December 2021 Pronounced on: 23rd December 2021 Reserved on : CRL.A. 226 2007 RAM BAX ..... Appellant Accused Through: Mr. Anuj Kapoor alongwith Appellant Accused. THE STATE OF NCT DLEHI Respondent Through: Mr. Panna Lal Sharma APP with SI Narasi Prasad Meena P.S. New Friend... |
Successive writs after failing to get interim relief in earlier writs is not allowed: Jammu & Kashmir High Court | Filing successive writ petitions for the same relief after failing to get interim relief in earlier writ petition is not allowed. Writ petitions are provided as a remedy; filing multiple writs claiming same relief shall not be encouraged and heavy cost could be imposed as a penalty in such cases. This practice was depr... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR WP1216 2020 CM No.3055 2020 c w WP(C) 379 2020 CM 745 2020 Reserved on : 12.01.2021 Pronounced on: 19 .01.2021 Mubashir Ashraf Bhat ...Petitioner(s) Through: Mr. M. Ayoub Bhat Advocate. Union Territory of Jammu and Kashmir and others ..Respondent(s) Through: Mr. Sheikh Feroz ... |
Compassionate appointment can only take place immediately after death: High Court of Delhi | When a government servant dies, compassionate appointment of dependent of that government servant is only meant for immediate assistance and cannot be done after a considerable lapse of time. This was decided in the case of Gour Sarkar vs. The State of West Bengal & Ors [W.P.S.T. 63 of 2019] by double bench consist... | IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE The Hon’ble Justice Rajesh Bindal and The Hon’ble Justice Aniruddha Roy W.P.S.T. 619 Gour Sarkar The State of West Bengal & Ors. For the Petitioner: Mr. Taraprasad Halder Advocate Mr. Ambu Bindu Chakraborty Advocate. For the State Respondents: Le... |
Writ petitions seeking direction for registration of an FIR must approach the competent court by filing the application u/s 156(3) CrPC: High Court of Delhi | If the petitioner feels that an offence has been committed, then the correct remedy for the petitioner is to approach the competent court by filing an application under Section 156(3) CrPC. Court must not entertain writ petitions seeking direction to the Police for registration of an FIR and the complainants must be de... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01st FEBRUARY 2022 IN THE MATTER OF: W.P.(CRL) 2035 2020 YAMUNA BANK KISHAN BACHAO MORCHA ..... Petitioner Through Mr. Rajeev Lochan Advocate STATE OF NCT OF DELHI & ORS Through Ms. Nandita Rao ASC for the State ...... Respondents Ms. Prabhsahay Kaur Standing Co... |
The Court may interfere when a decision is devoid of any reason or affected by malafides or when the decision is reached after statutory violations: Kerala High Court | It appeared that the students pursuing state syllabus would have an opportunity to score well if some effort was put on and not the other way around. The writ petition had been dismissed because petitioners have not made any case for interference held by Hon’ble Justice Raja Vijayaraghavan V in Mohammad Midlej C (Minor... | WP(C)Nos.13129 & 15971 OF 2021 IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY THE 31ST DAY OF AUGUST 2021 9TH BHADRA 1943 WP(C) NO. 13129 OF 2021 AGED 16 YEARS REPRESENTED BY HER MOTHER AND LEGAL GUARDIAN MAYA R MANI W O. MR. B.AJAYAKUMAR AGED 45 YEARS RESIDING AT T.C.... |
In child custody matters, rather than the entitlement of either of the parents, what is of paramount importance is the wellbeing and welfare of the child: Supreme Court | The appellant along with maternal grandmother of Aditya (child of both appellant and respondent) will be entitled, at the expense of the respondent to spend seven days in Kenya once a year. The directions thus contemplated that in a year, the appellant will have sufficient physical contact and interaction as well as be... | IN THE CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. 2140 OF 2020 CIVIL APPEAL NO. 3559 OF 2020 SMRITI MADAN KANSAGRA MISCELLANEOUS APPLICATION NO. 2170 OF 2020 CIVIL APPEAL NO. 3559 OF 2020 O R D E R By majority judgment dated 28.10.2020 Civil Appeal No.35520 was dismissed with certain directions. Paragra... |
The Judge is not exercised discretion to allow judicial interference beyond the procedure established under the enactment: High court of Sikkim | The Judge is not exercised discretion to allow judicial interference beyond the procedure established under the enactment, and the same issue was held in the judgement passed by a division bench decision HON’BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE. In the matter ... | HIGH COURT OF SIKKIM : GANGTOK COURT NO.1 Record of Proceedings WA No. 03 2021 M S LINKWELL TELESYSTEMS PVT. LTD. APPELLANTSTATE OF SIKKIM & ORS. RESPONDENTFor Appellant For Respondents No.1 : 2 For Respondent No.3 Mr. Sajal Sharma Advocate. Mr. Sudesh Joshi Addl. Advocate General. Mr. Yadev Sharma Government Advocate.... |
The securities appellate tribunal recorded the differences between original noticee and appellate noticee – THE SECURITIES AND EXCHANGE BOARD OF INDIA | The securities appellate tribunal recorded the differences between original noticee and appellate noticee – THE SECURITIES AND EXCHANGE BOARD OF INDIA An adjudication order was passed against Rajesh Agarwal (original noticee) levying a penalty of Rs. 5,00,000/- under Section 15HA of the SEBI Act, 1992, for violation o... | In respect of 492001 BEFORE THE ADJUDICATING OFFICER SECURITIES AND EXCHANGE BOARD OF INDIA ADJUDICATION ORDER NO. Order MC VS 2021 22 14853] UNDER SECTION 15 IOF SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992 READ WITH RULE 5 OF SEBIRULES 1995 Rajesh Agarwal having address at H No. A 8 Near Siddheshwari Temple Radhas... |
An earlier decision which has not proceeded on interpretation or analysis of the issue does not have a binding effect: High Court of New Delhi | Since none of the earlier decisions relied upon by the appellant have actually undertaken the process of analysis and interpretation of the contractual clauses namely Clause 16(2) of the GCC, or the similar clause contained in Clause 13(3) of the contract considered in Bright Power Projects (India) Private Limited (sup... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12.04.2021 FAO(OS) 52 2018 UNION OF INDIA Appellant Through: Mr. Prashant Kumar Nair Advocate. MANRAJ ENTERPRISES Respondent Through: Mr. Abhishek Semwal Advocate. HON BLE MR. JUSTICE VIPIN SANGHI HON BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI J.The present appeal... |
A court under Section 34(2) of the Arbitration Act does not sit in appeal over the award of an Arbitral Tribunal by re-assessing or re-appreciating the evidence: Kerala High Court | Arbitral Award can be set aside under Section 34(2)(a)(v) of the Act on the ground that the composition of the Arbitral Tribunal was not in accordance with the agreement of the parties. If a plea of jurisdiction is not taken before the Arbitrator as provided in Section 16 of the Act, such a plea cannot be permitted to ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY THE 09TH DAY OF APRIL 2021 19TH CHAITHRA 1943 Arb.A.No.37 OF 2020 AGAINST THE ORDER IN OPARB 270 2018 DATED 02 03 2020 OF III ADDITIONAL DISTRICT COURT KOZHIKODE APPELLANT PETITIONER IN O.P.(ARB ... |
It is essential to prove that the attempt was with an intent to commit the offence: Supreme Court | An attempt is possible even when the accused is unsuccessful in committing the principal offence. Similarly, if the attempt to commit a crime is accomplished, then the crime stands committed for all intents and purposes as held by the Hon’ble Supreme Court through the learned bench led by Justice Surya Kant in the case... | State of Madhya Pradesh hereinafter referred to as “Appellant”) is in appeal against the impugned judgment dated 08.10.2009 passed by the High Court of Madhya Pradesh Principal Bench at Jabalpur whereby the respondent’s conviction under Section 376(2)(f) read with Section 511 of Indian Penal Code for short “IPC”) has b... |
Marriage can be dissolved based on the mutual consent of the parties and mother is appointed as a natural guardian and permanent custodian of the children : High Court of Kerala | Marriage can be dissolved based on the mutual consent of the parties. In regard to the custody of the children, the petitioner-mother is appointed as a natural guardian and permanent custodian of the children namely, Dakshina and Dekshith. It is agreed by both parties that the children will be taken to Kuwait by the pe... | IN THE HIGH COURT 0F KERALA AT ERl\IAKULAM THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY "E 17TH DAY 01= MARCH 2022 26TH PHALGUNA 1943 AeAINST THE ORDER ]uDGMENT IN Op Gw 206® 2®2® OF I:AMILy 0P FCI NO. 492 0F: 2021 COURT ERNAKU LAM DIVYA RAJAN AGED 35 YEARS W 0. BINEES... |
When a document is written by one individual and signed by another, the former’s handwriting and the latter’s signature must also be proven: High Court of Himachal Pradesh | What Section 67 of the Evidence Act refers to is the signature of a witness who countersigns a document as a person who was present at the time when the document was signed by another person. Since, under Section 63 of the Indian Succession Act, the marginal witnesses while appearing have to prove under Section 68 of t... | Hig h C o urt of H.P on 27 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLARSA No. 6208 a wRSA No. 6208Reserved on: 08.04.2021Date of decision: 20.4.2021RSA No. 6208Ashiq Alithrough his LRs and others …..Appellants. VersusYasin Mistrithrough his LRs and others ….Respondents. RSA No. 6208Ashiq Alithrough his LRs an... |
No relaxation in the terms and conditions contained in the advertisement unless the power of relaxation is duly reserved with concern authority: Patna High Court. | The selection process has to be conducted strictly in accordance with the stipulated selection procedure. Consequently, when a particular schedule is mentioned in a announcement, the same must be scrupulously sustained. There can be no relaxation in the terms and conditions of the advertisement, unless such power is sp... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.248118 Kumari Anita wife of Sanjay Kumar Sharma resident of village Dumahar Khurd P. S. Darauli District Siwan ... Petitioner s The State Of Bihar through the Principal Secretary Department of Health Government of Bihar Patna Principal Secretary D... |
The intention of the parties must match the clauses specified in a certain deed: Supreme Court of India | When the dispute revolves around the classification of a document, it is necessary to consider the attendant circumstances the imponderable variables which that brings in its train make it impossible to compare one case with another. Each must be decided on its own facts. This was held by Hon’ble Justice Hemant Gupta i... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10197 OF 2010 BHIMRAO RAMCHANDRA KHALATE DECEASED) THROUGH LRS NANA DINKAR YADAV& ANR JUDGMENT HEMANT GUPTA J The plaintiff is in appeal before this Court aggrieved against the judgment passed by the High Court on 11.8.2006 in second appeal whereby the order passed b... |
High Court ought not to re-examine findings of fact, unless they are shown to be manifestly unreasonable or perverse: High Court of Delhi | Where a special statute governs the relationship between the parties and provides for an appeal, the High Court ought not to re-examine findings of fact in its supervisory jurisdiction, unless they are shown to be manifestly unreasonable or perverse. The power under Article 227 is exercisable where it is found by the H... | 117IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 28th February 2022 CM(M) 191 2022 PARAMJEET SINGH Petitioner Through: Mr. Durgesh Gupta Advocate. Respondents MAHAVIR PRASAD Through: None. HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN J.CM APPL. 10371 2022 & 10373 2022Exemption allowed subject to all just exce... |
The term ‘bail’ means a kind of security or bond which is given to release a person from prison:High court of Allahabad | Bail is the conditional release of a defendant with the promise to appear in court when required. Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. The bail is filed by the advocate on behalf of the accused is held by the High court of Allaha... | Court No. 77 Case : CRIMINAL MISC. BAIL APPLICATION No. 137421 Applicant : Gaurav @ Gaura Opposite Party : State of U.P Counsel for Applicant : Zia Naz Zaidi Atul Kumar Dharmendra Pratap Singh Praveen Singh Counsel for Opposite Party : G.A Hon ble Krishan Pahal J Heard Mr. Brijesh Sahai learned Senior Advocate assisted... |
Death penalty commuted on the grounds of possibility of reformation : Supreme Court | The issue whether death sentence of man belonging to scheduled tribe who was convicted of rape and murder of a minor girl child can be commuted was decided upon by a bench of Supreme Court consisting of Justices L Nageswara Rao, Justice BR Gavai and Justice BV Nagarathna in the matters between Bhagwani v. State of Madh... | IN THE CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 101 1022 SLPNos.4821 48218 .... Appellant The State of Madhya Pradesh …. Respondent JUDGMENT L. NAGESWARA RAO J Leave granted. These Appeals are preferred against the judgment of the High Court of Madhya Pradesh by which the conviction and sentence of the appe... |
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