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Non-application of Mind is a vital factor- Bombay High Court. | Detention of an individual without proper reasoning is illegal. The grounds of detention had been proved and decided according to establish itself justifiable for an individual. One such case which deals with it is the case of Pravin Ganpat Kakad v. The Commissioner of Police & Anr. [WRIT PETITION NO.336 OF 2021]. ... | 916) WP 336 21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.336 OF 2021 Pravin Ganpat Kakad Age 23 years Residing at Flat No.8 Krushna Apartment Shivaji Nagar Dindori Road Mhasrul Nashik 1. The Commissioner of Police Nashik City Nashik. 2. The State of Maharashtra WP 33... |
When the petitioners are in settled possession, they cannot be dispossessed: Andhra Pradesh HC | A person in possession cannot be dispossessed by appointing a receiver since the said person established his prima facie possession. It is impressible under the law for another person to enjoy the property by dispossessing the person who has legal possession of the property, as was held in the matters between Appinedi... | THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION Nos.803 and 106121 COMMON ORDER: These two writ petitions are filed by one Appinedi Pothuraju and Sayyed Jany under Article 226 of the Constitution of India for issue of Writ of Mandamus declaring the action of the respondent No.1 in interfering with possessi... |
Purpose of issuing tender is to invite maximum bids from bidders : Delhi High Court | All bids meeting the technical qualification must be invited so that the employer/ tender floating authority gets the most favorable product or services at the most competitive price. This was held in the judgment passed by a two- judge bench comprising Hon’ble Mr. Justice Vipin Sanghi And Hon’ble Mr. Justice Jasmeet S... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 6676 2021 & CM APPLs. 21018 2021 23797 798 2021 Judgment reserved on: 04.08.2021 Judgment delivered on: 27.09.2021 RESOURSYS TELECOM AND ANR. ..... Petitioners Through: Mr. Dhananjai Jain Mr. Bhoop Singh and Mr. Omita Unnarkar Advs. NAVODAYA VIDYALAYA SAMITI Respondent Th... |
Any Metropolitan Magistrate or Judicial Magistrate may record any confession in the course of an investigation any time before the commencement of the inquiry- Delhi High Court | Any Metropolitan Magistrate or Judicial Magistrate may record any confession in the course of an investigation any time before the commencement of the inquiry- Delhi High Court Under Section 164 of CRPC any magistrate can record the confessional statement either before the course of investigation of during the course a... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 02.12.2021 Date of decision: 24.12.2021 BAIL APPLN. 4089 2021 YASHPAL SINGH …. Petitioner Through: Ms.Anu Narula Advocate with Mr.Aman Usman Advocate. STATE …. Respondent Through: Mr.Mukesh Kumar APP for State with SI Nikhil PS Tigri. HON BLE MS. JUSTICE ANU... |
Due to various Physical Injuries, the petitioner’s second attempt for bail got accepted by the Court: High Court Of Patna | The Petitioner applied for the second time for the bail. He was accused of theft of various things from the informant’s shop. Due to the physical health of the petitioner, the court considered the matter this time and granted bail, and accepted the appeal. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin A... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 306121 Arising Out of PS. Case No. 792 Year 2019 Thana KHAGARIA District Khagaria Dhananjay Kumar @ Dhanannjay Kumar aged about 20 years Male Son of Birendra Singh Resident of Village Amni PS Mansi District Khagaria The State of Bihar ... Petitioner s ... |
Chargesheet that do not contain any offences punishable under sections of IPC are taken to trial, it amounts to abuse of the Court process: Karnataka High Court | The disputes existed between the developer and apartment owners in regard to issues related to parking areas. Such an opinion was held by The Hon’ble High Court of Karnataka before The Hon’ble Mr. Justice Sreenivas Harish Kumar in the matter of Praneth and Ors Vs. State of Karnataka and Anr [CP NO. 3970/2019]. The fac... | IN THE HIGH COURT OF KARNATAKA AT BENGAL URU DATED THIS THE 08 T H DAY OF NOVEMBER 2021 BEFOR E THE HON’BLE MR . JUSTICE SREEN IVAS HARISH KUMAR CRIMINAL PETITION NO.3970 OF 2019 Praneth S o D.V.Sekhar Aged about 30 years Proprietor M s Sekhar Developers Having its office at #E218 BM 304 Yamunotri Apartment G.M.Palya B... |
If Court constituted committee recommends promotion retrospectively it must respected : Jammu and Kashmir High Court | The Corporation is free to pass orders as to the petitioner’s entitlement or otherwise to the Supervisor’s grade, as warranted under law, after complying with the principles of Natural Justice. This was held in the judgment passed by a single judge bench comprising of HON’BLE MRS. JUSTICE SINDHU SHARMA in the matter of... | SWP No. 1966 2011 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Pronounced on: 08.06.2020 Ravinder Kumar Bhan ….Petitioner(s) Through: Petitioner present in person. State of J&K and others .…Respondent(s) Through: None CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA JUDGE 01. The petitioner was working as a Supervisor in Pestici... |
Bail u/s 37 of the NDPS Act can be granted only if there’s reasonable ground to believe that accused did not commit the offence: High Court of Delhi | The limitations on granting of bail specified in clause (b) of sub-section (1) u/s 37 of NDPS Act are in addition to the limitations under the Code of Criminal Procedure, 1973. The expression used in Section 37(1)(b)(ii) is reasonable grounds which means something more than prima facie grounds. It connotes substantial ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th January 2022 Pronounced on: 25th January 2022 BAIL APPLN. 3861 2021 MUHSIN ALI Through: Mr. Sameer Rohatgi and Mr. … Petitioner Manohar Malik Advocates NARCOTICS CONTROL BUREAU … Respondent Through: Mr. Subhash Bansal Senior Standing Counsel with Mr. Shashwat Ba... |
Datar Switchgears Ltd. V/s. Tata Finance Ltd. & Anr. | If one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the demand, the right to appointment does not get automatically forfeited after expiry of 30 days. The appellant had entered into a lease agreement with the 1st respondent in resp... | Appeal5986 of 2000 Special Leave Petition13812 of 2000 DATAR SWITCHGEARS LTD Vs TATA FINANCE LTD. & ANR DATE OF JUDGMENT: 18 10 2000 M.J.Rao K.G.Balakrishna Balakrishnan J The appellant challenges an order passed by the Chief Justice of Bombay High Court under Section 11 of the Arbitration and Conciliation Act 1996of ... |
“The appellant also alleged that the impugned order does not disclose the designation of the respondent…”: SEBI, Part 1. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Nitin Goel v CPIO, SEBI, Mumbai (Appeal No. 4377 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 2005.... | Appeal No. 43721 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 4377 of 2021 Nitin Goel CPIO SEBI Mumbai The appellant had filed an application dated June 07 2021under the Right to Information Act 2005 against the said response dated June 29 202... |
Petitions regarding change of date of birth to be dismissed on the grounds of delay and latches: Chhattisgarh High Court | The Petitions regarding change of date of birth to be dismissed on the grounds of delay and latches has been upheld by the High Court of Chhattisgarh through a single bench led by HON’BLE SHRI JUSTICE GOUTAM BHADURI in the case of Budhram v. Coal India Ltd. and Ors. (Writ Petition No. 16 of 2022). Brief facts of the ca... | Page AFRHIGH COURT OF CHHATTISGARH BILASPURWPS No. 122Budhram S o Dukalu Aged About 64 Years Dumper OperatorR o Village Singuldeeh Post Loharshi Police Station Shivrinarayan District Janjgir ChampaMob 6261359132 PetitionerVersus 1.Coal India Ltd. Through Its Chairman 10 Netaji Subhash RoadCalcutta2.South Eastern Coalfi... |
Indian Women face a misogynistic society with an entrenched cultural bias: Madras High Court | The challenges Indian women face are formidable: they include a misogynistic society with entrenched cultural values and beliefs, bias (often sub-conscious) about the stereotypical role of women, social and political structures that are heavily male-centric. A single judge bench of Justice P Velmurugan while adjudicati... | Crl.A.No.2519IN THE HIGH COURT OF JUDICATURE AT MADRASReserved On : 20.04.2021Delivered on : 30.04.2021CORAMTHE HONOURABLE MR. JUSTICE P.VELMURUGANCRL.A.No.2519and Crl.M.P.No.64519Maruthupandi .. Appellant.Vs.The State Rep.byInspector of Police All Women Police Station HarurDharmapuri District .. Respondent Criminal A... |
Conviction under Sections 399 or 402 of IPC cannot be established for merely assembly outside a house with tools or weapons during the night: High Court of Orissa | Section 399 and Section 402 of the Indian Penal Code deal with making preparation to commit dacoity and assembling for purpose of committing dacoity respectively. For a conviction to be made under these sections it must be proven beyond doubt that actual steps were taken towards preparing for dacoity and that the assem... | IN THE HIGH COURT OF ORISSA CUTTACK JCRLA No. 75 Of 2016 From the judgment and order dated 04.11.2016 passed by the learned Addl. Sessions Judge Rourkela in Sessions Trial No.97 of Appellant Jaganath Mundari Versus State of Odisha ........ Respondent For Appellant: Ms. Mandakini Panda Mr. Sibani Sankar Pradhan Addl. Go... |
Acquittal of petitioner for offences U/S.3 /4 of the Dowry Prohibition Act on technical ground, create no effect on his conviction U/S.498 of IPC: High Court of Jharkhand | The mere fact that the petitioner was acquitted for the offence under Section 3/4 of the Dowry Prohibition Act on the technical ground of lack of sanction for prosecution has no bearing or effect on the aforementioned concurrent findings leading to the petitioner’s conviction under Section 498 A of the IPC. The judgmen... | Anubha Rawat Choudhary J.: IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 2912 … … Versus … … Opp. Party Munna Ansari @ Md. Munna Ansari The State of Jharkhand CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Opp. Party C.A.V On: 22 03 2021 Ms. Rakhi Sharma Amicus Curiae Mr. She... |
Eviction by the Tribunal should only be an incident of the enforcement of the right to maintenance and protection under the 2007 Act : Bombay High Court | The elderly parents, citizens and women are justly protected by the law under the provisions of several Acts to ensure that they aren’t exploited, however the same provisions shouldn’t be manipulated. This was held in the judgment passed by a two-bench judge comprising JUSTICES UJJAL BHUYAN & MADHAV J. JAMDAR, in t... | IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2631 OF 2021 Ritika Prashant Jasani Anjana Niranjan Jasani and others Mr. Kishor Maru for Petitioner Mr. Anoshak Daver a w. Ms. Kausar Banatwala Ms. Neuty Thakkar and Ms. Tanishka Desai i b. Mr. Tushar Goradia for Respondent No.1 Ms... |
Writ Petition not maintainable in High Court when alternative remedies exist : Himachal Pradesh High Court | High Courts cannot entertain a writ petition wherein alternative remedies are available which have not been availed by the aggrieved. The High Court bench consisting of J. Tarlok Singh Chauhan and J. Jyotsna Rewal Dua, decided upon the matter of M/s Radha Krishan Industries v. State of H.P. and Ors. [CWP No. 568 of 202... | Hig h C o urt of H.P on 03 01 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 56420 Reserved on : 29.12.2020 Decided on : 1 .1.2021 __________________________________________________________________ M s Radha Krishan Industries ....Petitioner. Versus State of H.P. and others …Respondents. ________________... |
It is no answer to a claim of maintenance that the wife is educated and could support herself. Likewise, the financial position of the wife’s parents is also immaterial: The High Court of Delhi | Ordinarily it would not be appropriate for the High Court to reappreciate the evidence and come to its own conclusion on the same when the evidence has already been appreciated by the Magistrate as well as by the Sessions Court in appeal. When the courts below recorded the concurrent findings of fact, the High Court is... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th JUNE 2021 CRL.M.C. 1117 2021 & CRL.M.A. 5684 2021(stay) SUDHIR GUPTA ..... Petitioner Through Mr. Gaurav Gupta Advocate MANISHA KUMARI @ MANISHA GUPTA ..... Respondent Through None HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PRASAD J. The present pet... |
The right to participate in an election is an elementary right available to the members of an organisation: Karnataka High Court | No harm or prejudice would be caused to the appellants if the plaintiff was permitted to participate in the electoral process. Such an opinion was held by The Hon’ble High Court of Karnataka before The Hon’ble Mr. Justice N.S. Sanjay Gowda in the matter of Rt. Rev Prasanna Kumar Samuel and ors Vs. Mr. Franklin James [... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER 2021 THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA RT. REV PRASANNA KUMAR SAMUEL SON OF LATE R.K.SAMUEL AGED 65 YEARS BISHOP KARNATAKA CENTRAL DIOCESE No.20 3RD CROSS CSI COMPOUND BANGALORE 560 027. REV J PAUL DHANASEGARAN SECRETARY KARNATAKA CENT... |
Educationists play a significant role in the cases of education than the courts- SC | In the case of Anand Yadav & Ors. V. State of Uttar Pradesh & Ors. (CIVIL APPEAL NO. 2850 OF 2020), the Supreme court held that the matters of education must be left to educationists, of course, subject to being governed by the relevant statutes and regulations. The judgment was given by Justice Sanjay Kishan K... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2850 OF 2020 ANAND YADAV & ORS …Appellants STATE OF UTTAR PRADESH & ORS …Respondents JUDGMENT SANJAY KISHAN KAUL J The competing interests of post graduates having the degree of M.A.and M.Ed. has given rise to a spate of litigation and the present dispute flows from ... |
Accused and Co-Accused released on bail when investigation completed and no scope for tampering evidence or fleeing from Justice: Himachal Pradesh High Court | On hearing a case under section 363, 366A, 376, 120B of IPC and section 4 of the POCSO act, it was decided when the investigation is complete and there is no scope for fleeing from justice the bail may be granted. This judgment was passed in the case of Geeta Gupta vs. State of Himachal Pradesh with Susheela vs. State ... | Hig h C o urt of H.P on 12 05 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MPs(M) No. 604 to 6021 Decided on: 06.05.2021 1. Cr.MP(M) No. 6021: Geeta Gupta ….Petitioner Versus State of Himachal Pradesh …Respondent 2. Cr.MP(M) No. 6021: Susheela ….Petitioner Versus State of Himachal Pradesh …Respondent 3. Cr.MP(... |
Connection between ‘the fact discovered’ and offence should be established explicitly to charge the accused: Orissa High Court | In case there is no establishment of the connection between the weapon of offence and the death of the deceased then, the defence cannot be held guilty. Deciding on a Criminal Appeal against judgement given by the Session Court, KandhamalBoudh, Phulbani in Sessions Trial Case No.34 of 1998, the Divisional Bench of Just... | ORISSA HIGH COURT: CUTTACK CRLA No.202 From the judgment of conviction and order of sentence dated 01.07.2002 passed by Shri M.C. Ray Sessions Judge Kandhamal Boudh Phulbani in Sessions Trial Case No.398. 1. Ranjan Kumar Bisoi 2. Kalu @ Ranjit Kumar Gauda … Appellants versus State of Orissa … Respondent For Appellants... |
An employer should be sympathetic to an employee’s medical conditions when considering his representation against a transfer order: High Court of Uttarakhand | When an employee had filed representation against a transfer order due to a serious medical condition, the employer be sympathetic while considering the representation filed and the employee must not be transferred until the representation has been duly considered. This was held by a two member bench of the High Court ... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE THE CHIEF JUSTICE Mr. RAGHVENDRA SINGH CHAUHAN THE HON’BLE JUSTICE Mr. ALOK KUMAR VERMA WRIT PETITIONNO. 250 OF 2021 22ND JULY 2021 Ravindra Kumar and State of Uttarakhand and others. ….Respondents Counsel for the petitioner: Ms. Prabha Naithani Advocate. Counsel... |
Results denied to the petitioners, must be declared immediately: Bombay High Court | Petitioners who are holders of MBBS degrees, must be made aware of their results, so that they may either pursue studies or practice medicine or appear for re-examination, held, S.C. GUPTE AND SURENDRA P. TAVADE, JJ; while adjudicating the matter in Anita Kishanrao Videkar v. UOI; [WRIT PETITION NO.5343 OF 2018]. The ... | on 01 07 2021 on 22 03 Chittewan1 107&8 wp5343 18and orsNO.14966 OF 2018WITHINTERIM APPLICATIONNO.97590 OF 2021 Dr. Sayali Shankar Tidke ...Petitioner Versus Union of India throughSecretary And Others...RespondentsALONG WITHWRIT PETITION NO.4953 OF 2018 WITHINTERIM APPLICATION NO.80 OF 2021 Nupur Kunwarsingh Bhagat ..... |
Having a Valid Driving License for LMV (Motorcycle and Car) is a must for candidates applying for the post of Sub Inspector in Delhi Police: Delhi High Court | A person applying to the post of Sub-inspector in Delhi Police shall not apply unless he has a Light Motor Vehicle (LMV) license qua a motorcycle because the eligibility criteria mandate the same and secures posts only to those with the aforementioned license as is decided in the case of Shri Arvind Kumar v. Staff Sele... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.12.2021 W.P.(C) 13736 2021 SHRI ARVIND KUMAR Through Mr Mr Ghanshyam Jha Advs. and STAFF SELECTION COMMISSION & ANR. Through Mr Abhishek Singh Adv. for R 1. Mrs Avnish Ahlawat Standing Counsel with Mrs. Tania Ahlawat Mr Nitesh Kumar Singh and Ms. Palak Rohmet... |
Proximity or live link between cruelty or harassment and the death of the deceased is the most essential element to be met in the case of 304B IPC, 1860: Allahabad High Court | In the absence of evidence on the point that soon before her death the deceased was subjected to cruelty or harassment for or in connection with the demand of dowry, no presumption could be raised under section 113B Indian Evidence Act, 1872. Such an observation was made by the Hon’ble Allahabad High Court before Hon’b... | Case : CRIMINAL APPEAL No. 54418 Appellant : Roomali And 3 Others Respondent : State of U.P Counsel for Appellant : Brijesh Pratap Mishra Sriram Dhar Counsel for Respondent : G.A Hon ble Ajai Tyagi J This appeal has been preferred against the judgement and order dated 20.08.2018 passed by 11th Additional Sessions Judge... |
In the absence of any patent illegality being pointed out, there is no scope for interference: High Court of J&K and Ladakh | When the parties to the contract have agreed that no proof would be required for payment of per diem allowance, the question of furnishing proof of deputation from one home office of the claimant to the two offices of the projects does not arise at all as held by the Hon’ble Court of J&K and Ladakh through a learne... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on : 28.10.2021 Pronounced on : 17.11.2021 AA No.37 2012 J&K Economic Reconstruction Agency Through: Mr. Aseem Sawhney AAG Intercontinental Consultants Technocrats Pvt. Ltd. Through: Mr. R.K. Gupta Sr. Advocate with Mr. Udhay Bhaskar and Mr. Ratish Mahajan HON’... |
Indian law prescribes different processes for termination for misconduct and termination for unsatisfactory performance: High Court of Sikkim | The unsatisfactory performance involves an error of judgment, carelessness or mere negligence in performing a duty, while misconduct is more than an error of judgment. This construct generally applies to employees subject to the terms of the employment agreement, and the same issue was held in the judgement passed by a... | THE HIGH COURT OF SIKKIM: GANGTOK Civil Extra Ordinary Jurisdiction) SINGLE BENCH: HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE W.P.No. 121 ….. Petitioner Ms. Sunita Pradhan D o Bal Krishna Pradhan R o Mandir Dara Goan Namchi South Sikkim. State of Sikkim Through Chief Secretary Government of Sikkim Gangtok East Sikk... |
The fate of a suit against encashment of bank guarantee still hangs in balance after almost two decades: The Supreme Court of India | It is trite to say that as a bank guarantee is an independent contact, there is a limited scope for interference in case of encashment of bank guarantee as enunciated by various courts including this Court from time to time. One of the reasons for interference could be egregious fraud. The fraud must be relatable to th... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2876 OF 2021 Arising out of SLPNo. 149720 ATLANTA INFRASTRUCTURE LTD RECHRISTENED AS ATLANTA LTD APPELLANT DELTA MARINE COMPANY & ORS JUDGMENT SANJAY KISHAN KAUL J Leave granted. Learned counsel for the respondent accepts notice Heard learned counsel for the parties T... |
IntraCourt Mandamus appeal is usually warranted only when palpable infirmities or perversities are noticed: High Court Of Meghalaya | All the points which have been raised had been meticulously considered by the learned Single Judge and had been extensively dealt with in the impugned judgment and order. The Hon’ble High Court Of Meghalaya before The Hon’ble Chief Justice Mr. Justice Biswanath Somadder and The Hon’ble Mr. Justice W. Diengdoh held such... | Serial No.08 Regular List WA No.11 2021 HIGH COURT OF MEGHALAYA AT SHILLONG Date of Order: 01.10.2021 Biolin Kurbah Vs. Hindustan Petroleum Corporation Ltd. & anr Hon’ble Mr. Justice Biswanath Somadder Chief Justice Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) Mr. K. Khan Sr.Adv For the Respond... |
To prove abetment to suicide, there must be instigation, to commit suicide or intentionally aided the deceased to commit suicide: Odisha High Court | Instigation is to goad, urge forward, provoke, incite, or encourage to do “an act”. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the... | HIGH COURT OF ORISSA CUTTACK ABLAPL No.65521 In the matter of applications under Section 438 of the Criminal Procedure Code 1973) Prof. Dr. Sanjiv Mittal Petitioner Versus Opposite Parties State of Odisha & Others … For Petitioner For Opp. Parties : Mr. Manoj Kumar Mohanty Additional Standing Counsel M s. H.S. Mishra ... |
Judicial Review of administrative actions is intended to prevent arbitrariness, bias and mala fides. : Andhra Pradesh High Court | Administrative activity is subject to judicial review in order to prevent arbitrariness, irrationality, unreasonableness, bias, and mala fides. Its goal is to see if a choice or decision is made “lawfully,” not to see if the choice or decision is “sound.” Certain unique aspects should be kept in mind while using the ju... | M S. K.Beeran Kutty vs The State Of Andhra Pradesh on 6 July 2021 Andhra Pradesh High Court Amravati M S. K.Beeran Kutty vs The State Of Andhra Pradesh on 6 July 2021 HON BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.104521 The petitioner submits that he is a diet contractor and has been supplied diet to inpatien... |
Emkay Global Financial V/S Gindhar Sondhi | “There is an exclusive jurisdiction clause vesting such jurisdiction only in the courts at Mumbai” The present appeal arises out of a dispute between the Appellant, who is a registered broker with the National Stock Exchange, and the Respondent, its client, regarding certain transactions in securities and shares.The Re... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8367 OF 2018 ARISING OUT OF SLPNO.33248 OF 2017 M S EMKAY GLOBAL FINANCIAL JUDGMENT R.F. NARIMAN J Leave granted. The present appeal arises out of a dispute between the Appellant who is a registered broker with the National Stock Exchange and the Respondent its clien... |
A Magistrate does not have investigative powers to record statements during the investigation: Rajasthan High Court | The Magistrate does not have the power to record statements of a person unsponsored by the Investigating Agency since it might lead to burdening the Magistrate with additional tasks while simultaneously also opening up new avenues for culprits to escape the from the hands of the judiciary. The single bench consisting o... | on 16 11 2020 at 11:24:56 AM ) No.3545 2020Ramswaroop S o Shri Bherulal Present Sewa Sahakari SamitNagal Bairasi Tehsil Dausa District DausaPetitionerVersusState Of Rajasthan through P.P. RespondentFor Petitioner(s) : Mr. M.K. KaushikFor Respondent(s): Mr. Ramesh Choudhary PPHON BLE MR. JUSTICE SANJEEV PRAKASH SHARMAJ... |
Insolvency and Bankruptcy Code, 2016 has not excluded application of Section 4 to Section 24 of the Limitation Act, 1963: National Company Law Appellate Tribunal | Article 137 of the Limitation Act, 1963 defining a period of 3 years will be computed after considering Section 18 or 19 of the Limitation Act, 1963 with a fresh period of limitation in spite of the dates being after the date of NPA. This was held in Sanjay Lamba V. Union Bank of India and Ors [Company Appeal (AT) (Ins... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI Company Appeal(Insolvency) No. 2720 In the matter of: Sanjay Lamba Ex Managing Director 107 Bharat Chambers 70 Scindia House New Delhi 110001 1. Union Bank of India Through chief manager C 34 3rd Floor DDA Office Cum Shopping Complex Opposite Moolchand h... |
Quantity of substance falls within “such factors as it may deem fit” under S.32B NDPS Act, while imposing the sentence higher than the minimum: Supreme Court | On an appeal regarding the punishment under section 21 of NDPS Act, 1985 where the Special Court and High Court award 20 years of R.I, the supreme court held that the reasons for giving more than the minimum stipulated punishment is not restricted to section 32B and the quantity of the substance is a determining factor... | REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 375 OF 2021 STATE OF PUNJAB .. Respondent JUDGMENT M. R. Shah J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.11.2019 passed by the High Court of Punjab and Haryana at Chandigarh in CRA DB No.3118 by which the High... |
A mistakenly proceeded process of application or grant cannot be countenanced in law as conferring any right in favour of applicant: High Court of Delhi | A mistakenly proceeded to process the application or grant by Department of Government/ Autonomous body, cannot result in any principle of estoppel operating against them nor can such an act be countenanced in law as conferring any right upon the applicant or otherwise be recognized as a circumstance operating in appli... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 10466 2019 CM APPLs. 43279 2019 50759 2019 Date of decision: 11 January 2022 SURESH KUMAR ..... Petitioner Through: Mr.Avneesh Arputham Adv. SPORTS AUTHORITY OF INDIA AND ANR. Respondents Through: Mr.Sanjib Kumar Mohanty and Mr.Shashank Advs. Mr.Awadhesh Kumar Singh Advs.... |
Petitioner having no locus standi, can’t challenge the subject matter in the court: Delhi High Court | Petitioner having no locus standi, can’t challenge the subject matter in the court. The same was propounded in the recent joint matter of, wherein 6 separate writ petitions were filed in furtherance to the above, namely: The case was heard on September 10th 2021, and the proceedings were presided by a single judge benc... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 10th September 2021 CM30 2021 RAYRIKH SAGAR PUSHPA DEVI & ORS. CM32 2021 RAYRIKH SAGAR Through: Mr.Siddharth Yadav Sr. Adv. with Mr.Wasim Ashraf Adv. Through: Mr. Surinder Singh Bhatia and Mr. Baldev Singh Adv. for R 1 Mr. Fahad Khan Adv. for R 3 & R 4 Through: Mr.... |
Compensation for serious injuries should consider how it will affect the victim in the future: High Court of Jammu and Kashmir | When a serious injury has been inflicted upon a person, the compensation granted to him needs to include aspects like whether the injury will worsen in the future and whether it will affect his earning capacity or livelihood. A single member bench of Jammu and Kashmir High Court consisting of Justice Vinod Chatterji up... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CMAM no.39 2017 Reserved on: 09.04.2021 Pronounced on: 04.06.2021 United India Insurance Company Limited Through: Ms Rifat Khalida Advocate Fizullah Khan and others Through: Mr S. H. Naqashbandi Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE 1. Impugned in this... |
The signature or handwriting of the parties can be compared under the court of law with the help of Section 73 of the Indian Evidence Act of 1872: High Court Of Calcutta | The impugned order dated 20th July 2019, passed by learned Civil Judge (Junior Division), Kalyani, Nadia in T .S. No. 141 of 2014, rejecting the handwriting The application was rejected under Order XXVI Rule 10A of Code of Civil Procedure, praying for handwriting expert opinion is subject of challenge in this revision... | In the High Court at Calcutta Civil Revisional Jurisdication The Hon’ble Justice Subhasis Dasgupta CO. No. 12521 Jiyarul Mondal & Ors Ainur Haque & Anr For the Petitioners Plaintiffs Mr. Malay Bhattacharyya Adv Mr. Subhrajyoti Ghosh Adv For the Defendents Mr. Shyamal Mukherjee Adv Ms. Priyanka Chatterjee Adv Subhasis D... |
Approximate economic value in insurance must be added to the housemaker’s work: Supreme Court | Approximate monetary value of the housemaker must be considered while providing the insurance amount to the dependents of the deceased. A bench of Supreme Court comprising of J. N.V. Ramana, J. Surya Kant and J. Aniruddha Bose opined that economic value should be attached to a housewife’s work while pronouncing a judgm... | These civil appeals which have been heard through video Motor Accident Claims Tribunal Rohini on 24.12.2016 under Section 168 of the Motor Vehicle Act 1988 was reduced to Rs 22 lakhs The deceased couple Vinod and Poonam while commuting on a motorcycle in Delhi at around 7AM on 12.04.2014 were hit at an impact immediate... |
Interim stay order by the Supreme Court does not extirpate the binding effect of judgment by High Court: Calcutta High Court | Any interim stay order given in refutation of an earlier judgment of any high court does not diminish its binding value. In the present matter surrounding property transactions under the Prohibition of Benami Property Transactions Act, 1988, the bench comprising of Shekhar B. Saraf J. delved into the persuasive value o... | WPA 111220 Deific Abode LLP Union of India & Ors. WPA 111220 Oswell Conclave Pvt. Ltd. Union of India & Ors. WPA 111320 Oval Conclave Pvt. Ltd. Union of India & Ors. WPA 111320 Trinity Abode LLP Union of India & Ors. WPA 111320 Sunflower Synergies Pvt. Ltd. State of West Bengal & Ors. WPA 78821 Himalya Vyaapar Pvt. Lt... |
Court granting bail should examine if prima facie case against accused is made, it is not required to appreciate evidence: High Court of Delhi | Though at the time of consideration of bail amidst trial, in-depth analysis of testimonies of witnesses and scientific and medical evidence on record is not to be done, however, while considering an application for bail a prima facie opinion has to be formed and for doing so, a number of factors have to be borne in min... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29.04.2021 Pronounced on: 07.05.2021 BAIL APPLN. 1236 2021 AKSHAY KANOTRA Petitioner Through: Mr. Manu Sharma Mr. Kartik Khanna Mr.Vijay Singh & Mr.Abhyuday Sharma Advocates Respondent Through: Mr.Amit Chadha Additional Public Prosecutor for State with SI Ashok Ahlaw... |
The Courts are expected to exercise judicial restraint in interfering with the administrative action: High Court of J&K and Ladakh | Ordinarily, the soundness of the decision taken by the tender issuing authority ought not tobe questioned, but the decision-making process can certainly be subject to judicial review. The Courts are expected to exercise judicial restraint in interfering with the administrative action, particularly in the matter of tend... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1330 2021 c w CCP(S) No. 356 2021 Firdous Kamran Shora Dated: 24th of September 2021. … Petitioner(s) Union of India & Ors. … Respondent(s) Mr A. H. Naik Senior Advocate with Mr Tawheed Ahmad Advocate. Through: Mr Tahir Majid Shamsi ASGI for R 1 and Mr N. A... |
Private interest must give way to Public interest: High Court of Jammu & Kashmir | “That government of the people, by the people, for the people, shall not perish from the earth”. Lincoln’s address was a vital definitive for what stands as an affirmation in any major democratic stances. The ‘Rule of people’ has obvious accountability towards the public. Public interest paramount’s every conflict. The... | HIGH COURT OF JAMMU AND KASHMIR LPA No. 268 2019In OWP 1699 2017) Through Video Conferencing) Decided On: 28.12.2020 Through: Mr.K. S. Johal Sr.Advocate with Mr Karman Singh Johal Advocate. Omesh Singh and Others State of J&K and Others Through: Mr. S. S. Nanda Sr. AAG. CORAM: HON’BLE THE CHIEF JUSTICEof the State Land... |
In case of conflict between the two organs of the State and the Statutory Rules and Regulations, the latter would prevail: Supreme Court of India | The communication of the Union of India dated 31st March 2008, vide which the President of India has granted sanction, itself reveals that the sanction is for raising two additional companies for 130 Infantry Battalion (Territorial Army) Ecological and the Medical Board and COI have found that the injury sustained by t... | The appeal challenges the judgment and order dated 10th October 2018 passed by the Armed Forces Tribunal Regional Bench Lucknowgrant of disability pension came to be dismissed. The vide which though the application for leave to appeal was After serving for about 25 years in Infantry of the in Territorial Army on 5th Ap... |
Where there is similarity of non-descriptive or nonessential parts of the trademarks, injunction cannot be granted: High Court of Delhi | The intent behind Section 17(2) is to prevent abuse by a person who gets a composite mark registered in its favour, which includes a non-distinctive component. Where there is similarity of non-descriptive/nonessential parts of the trademarks, injunction cannot be granted under Section 17of the Trade Marks Act, 1999 and... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : 25th February 2022 Judgment Delivered on : 03rd March 2022 SOOTHE HEALTHCARE PRIVATE LIMITED Through: Mr. Anant Bhushan Advocate. Plaintiff CS(COMM) 18 2022 DABUR INDIA LIMITED ..... Defendant Through: Mr. Hemant Singh Mr. Manish Kumar Mishra Ms. Akansha S... |
M/s. Delhi International Airport Pvt. Ltd. V/S Union of India & Others | Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors 136 workers were employed by the contractor M/s. TDI International Pvt. Ltd. to do the work of trolley retrieving at the Domestic and at the International Airport at Delh... | Appeal186 of 2001 Special Leave Petition2436 of 2000 DR.SURAJMANI STELLA KUJUR Vs DURGA CHARAN HANSDAH & ANR DATE OF JUDGMENT: 14 02 2001 K.T.Thomas R.P.Sethi SETHI J Leave granted. Who is a "Hindu" for the purposes of the applicability of the Hindu Marriage Act 1955 hereinafter referred to as "the Act") is a question... |
Grant of Electricity connection does not recognize the title to the said property: Delhi High Court | Grant of electricity connection would not confer any special equities in favour of the petitioner and would not be construed as conferring or recognizing the title of the petitioner to the said property or with regard to the identity of the said property. This was held by Hon’ble Justice Sanjeev Sachdeva in the case of... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 25th August 2021 W.P.(C) 7846 2021 SANJANA Petitioner BSES YAMUNA POWER LTD Respondent Advocates who appeared in this case: For the Petitioner : Mr. Harbeer S. Chadha Advocate For the Respondents : Mr. Rishabh Raj Jain Advocate CORAM: HON’BLE MR. JUSTICE SA... |
It is better that ten guilty persons escape, than that one innocent suffers: The Supreme Court of India | It may not be wise or prudent to convict a person only because there is rampant increase in heinous crimes and victims are often reluctant to speak truth due to fear or other extraneous reasons. The burden to prove the guilt beyond doubt does not shift on the suspect save where the law casts duty on the a... | The instant Criminal Appeal emanates from the judgment and order dated 7th September 2009 of the High Court of Punjab and Haryana at Chandigarh whereby the order dated 20th March 2002 passed by the Additional Sessions Judge Sonipat convicting the AppellantBijender @ Mandar under Sections 392 and 397 IPC was imprisonme... |
There is no general rule that the evidence of the relations of the deceased must be corroborated for securing the conviction of the offender: Orissa High Court | The fact that the witnesses are related to each other is no criterion for disregarding their evidence. Relative should have no interest to falsely implicate the accused or protect the real culprit. There is no general rule that the evidence of the relations of the deceased must be corroborated for securing the convicti... | HIGH COURT OF ORISSA: CUTTACK CRLA No.103 From the judgment dated 20.12.2002 passed by learned Sessions Judge Khurda at Bhubaneswar in S.T. Case No.802.) Benga @ Imam Mahammad State of Orissa Respondent Mr. Dharanidhar Nayak Senior Advocate M s. Akash Bhuyan R.K. Pradhan M. Mohanty P.K. Mohanty N.K. Mohanty B. Rout and... |
To make the Constitutional and Statutory Right available, it is necessary that Detenu be informed: High Court of Jammu & Kashmir and Ladakh at Jammu | Provision of relevant material to the detenu, is necessary to prevent the detenu from making an effective representation against his detention, as observed by the High Court of Jammu & Kashmir and Ladakh at Jammu, before the HON’BLE JUSTICE MR. TASHI RABSTAN, in the matter of Ali Hayder & Anr. vs. Union Territo... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(Crl) No.32 2021 CrlM Nos.2141 2021 & 965 2021 Ali Hayder Reserved on 06.12.2021 Pronounced on 09.12.2021 …Petitioner(s) Through: Mr. Sheikh Altaf Hussain Advocate. Union Territory of Jammu and Kashmir and others …Respondent(s) Through: Mr. Bhanu Jasrotia GA. Coram :... |
Institution of journalism is crumbling, the Rules of accreditation framed but not scrupulously followed: High Court of Himachal Pradesh | High time that the State reviews and revises the list of accreditation so as to ensure that only genuine and credible correspondents are accorded accreditation. This was said in the case of Vijay Gupta v State of H.P and Others [CWP No. 7487 of 2014] by Justice Tarlok Singh Chauhan in the High Court of Himachal Pradesh... | Hig h C o urt of H.P on 19 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACWP No. 74814.Reserved on: 26.03.2021Date of decision: 09.04.2021 _____________________________________________________________Vijay Gupta …..Petitioner.VersusState of H.P. and others ..Respondents. CoramThe Hon’ble Mr. Justice Tarlok Singh... |
The Court must display its conscious application of mind even while dismissing the appeal at the admission stage.: Supreme Court | Once the High Court is satisfied, after hearing the appeal, that the appeal involves a substantial question of law, it has to formulate that question and direct issuance of notice to the respondent. In case the appeal does not involve any substantial question of law, the High Court has no other option but to dismiss th... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 71021 Arising out of S.L.P.(C)No.251119 AMINA BIBI & ORS JUDGMENT S. ABDUL NAZEER J This appeal is preferred against the Order dated 31.07.2019 passed by the High Court of Orissa at Cuttack in Regular Second Appeal No.4017 whereby the High Court had dismissed the app... |
It may not open for the High Court to interfere under Section 482 CrPC, if statutory compliance of Section 141 of the NI Act has been made: Supreme Court | If statutory compliance of Section 141 of the NI Act has been made, it may not open for the High Court to interfere under Section 482 CrPC as upheld by the Hon’ble Supreme Court through the learned bench lead by Justice Rastogi in the case of Ashutosh Ashok Parasrampuriya & Anr. V. M/S. Gharrkul Industries Pvt. Ltd... | The present appeals are directed against the common judgment and order dated 18th July 2014 filed at the instance of the appellants under Section 482 of Code of Criminal Procedure 1973(herein after being referred to as “CrPC”) against the order no. 1(Ameya Paper Mills Pvt. Ltd.) in Criminal Appeal SLP(Criminal) No. 952... |
Retrospective seniority, unless directed by the court or expressly provided by the applicable Rules, should not be allowed: Supreme Court of India | Retrospective seniority unless directed by the court or expressly provided by the applicable rules, should not be allowed, as in so doing, others who had earlier entered service, will be impacted as held by Justice Hrishikesh Roy in the case of The State Of Bihar & Ors. Vs Arbind Jee[CIVIL APPEAL NO. 3767 OF 2010]... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3767 OF 2010 THE STATE OF BIHAR & ORS …APPELLANT(S …RESPONDENT(S JUDGMENT Hrishikesh Roy J This appeal is directed against the judgment and order dated 29.9.2008 of the Patna High Court in LPA No. 24. The father of the respondent was working as a Home guard and after... |
Bail was denied for circumspect of a serious criminal matter by the High Court of Meghalaya | For getting bail in a successive bail application the counsel of the petitioner should make some changes in the facts and circumstances of the case. Merely stating the previous things would not work. The bail petition in the matter of Shri Abdul Kalam SK Vs. State of Meghalaya [BA. No. 5 of 2021] was denied by Hon’ble ... | Serial No. 01 Regular List BA. No. 21 Shri Abdul Kalam SK HIGH COURT OF MEGHALAYA AT SHILLONG Date of Decision: 28.06.2021 State of Meghalaya Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) : Mr. S.A.Sheikh Adv. For the Respondent(s) i) Whether approved for reporting in Mr. H.Kharmih G.A. Law jour... |
No recognized degree of MBBS in Alternative Medicine and no such degree is recognized by the Government of India: High Court of Jharkhand | There is no dispute to the fact that the clinical establishment was being run by a person on the basis of forged and unrecognized degree and diploma, as there is no recognized degree of MBBS in Alternative Medicine and no such degree is recognized by the Government of India. Similarly, the Diploma in Medical Laboratory... | 1 L.P.A. No. 819 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 819 With I.A. No. 65120 Rani Seva Sadan Garhwa through its proprietor Sri DharamdeoVishwakarma. 1. The State of Jharkhand. …. …. Appellant through Principal Secretary Health Medical Education & Family Welfare Department Government of Jharkhand Ranchi... |
The purpose to provide limitation for taking recourse to a legal remedy is not to destroy the rights of parties but to ensure that parties do not resort to dilatory tactics: High Court of J&K and Ladakh | The interest of state requires that there should be an end to litigation. The public policy therefore requires application of law of limitation. The object of the law of limitation is to prevent disturbance of what has been acquired in equity and justice by long enjoyment and not to restore what may have been lost by p... | IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPAOW No. 33 2017 Reserved on 16.09.2021 Pronounced on 24.09.2021 Ghulam Qadir Bhat & Ors. Through: Mr. M. A. Qayoom Adv. Financial Commissioner& Ors. Through: Mr. D. C. Raina AG with Mr. Sajad Ashraf GA. Mr. Azhar ul Amin Adv. CORAM: HON’BLE THE CHIEF JUSTICE... |
CM’s approval to committee’s decision renders it impliedly valid: Uttarakhand High Court | A committee’s decision which has been approved by the Chief Minister of the state shall implicitly be valid. If a recommendation is made by the chief minister itself, the decision of the committee, taking a decision under subsection (1) of Section 27 of the Transfer Act shall be justified. This assertion was made by th... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 28TH DAY OF JANUARY 2021 HON’BLE SHRI JUSTICE SHARAD KUMAR SHARMA WRIT PETITIONNo. 521 BETWEEN: Dr. Sandhya Raj aged about 32 years W o Shri Kamal Kishor presently posted as In charge Medical Officer at Employee State Dispensary Jaspur District Udham Singh Nagar By Mr... |
A legal duty emanates from either in discharge of a public duty or by operation of law: High Court of Patna | A writ of mandamus is issued in favour of a person who establishes a legal right in himself. A writ of mandamus is issued against a person who has a legal duty to perform but has failed or neglected to do so. Such a legal duty emanates from either in discharge of a public duty or by operation of law. The writ of mandam... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.35022 Sima Yadav W o Sri Amarjit Yadav resident of village Rampur Bhaisahi P.S. Kuchaikote District Gopalganj The State of Bihar through the Principal Secretary Water Resource Department Government of Bihar Patna ... Petitioner s The Engineer in C... |
Bar in appointing arbitrator who is in relationship with the parties or with the counsel or with the subject matter of the dispute: High Court of Uttarakhand. | Section 12(5) of the Arbitration and Conciliation Act, 1996 creates a bar with regard to the appointment of an Arbitrator who is in relationship with the parties or with the counselor with the subject matter of the dispute. However, the proviso contains an exception which states that, after disputes have arisen between... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN ARBITRATION APPLICATION NO. 19 OF 2020 06TH AUGUST 2021 Virendra Singh Rawat And Cantonment Board Dehradun Counsel for the applicant Mr. Mahanand Joshi and Mr. Kanti Ram. Counsel for the respondent Mr. B.S. Adhikari.... |
No clear penalty and punishment for an advertisement violative of ‘Advertising Code’: Delhi High Court | There are no clear regulations as to the extent of penalty and punishment that can be imposed in case an advertisement is found to be objectionable and violative of the `Advertising Code’. This was observed by the Delhi High Court in the matter of TV TODAY NETWORK LIMITED vs. UNION OF INDIA [W.P.(C) 1971/2021 & CM ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15th February 2021 W.P.(C) 1971 2021 & CM APPLs. 5764 2021 & 5765 2021 TV TODAY NETWORK LIMITED Through: Mr. Gopal Jain Sr. Advocate with Mr. Shahruk Ejaz Advocate UNION OF INDIA Through: Mr. Chetan Sharma ASG with Ms Monika Arora CGSC & Mr. Shriram Tiwary Mr. A... |
Violating conditions under Section 438(2) of Cr.P.C shall lead to cancellation bail bonds: Madhya Pradesh High Court | Prima facie, it seems that the arrest of present applicant is not required to the police for investigating purpose but they may arrest him in compliance of arrest warrant issued by the trial Court due to nonpresence of the applicant while filing of charge-sheet. This was said in the case of Amar Kumar Chaudhary Vs The ... | MCRC 21301 2021 The High Court Of Madhya Pradesh The High Court Of Madhya Pradesh MCRC 21301 2021 AMAR KUMAR CHAUDHARY Vs THE STATE OF MADHYA PRADESH Jabalpur Dated : 10 05 2021 Heard through Video Conferencing Shri Siddharth Kumar Sharma learned counsel for the applicant Smt.Gulab Kali learned Government Advocate On a... |
Expert evaluation of Tender to be carried out only if wrong alleged on part of Tendering Authority: Supreme Court | “Unless arbitrariness or mala fide on the part of the tendering authority is alleged, the expert evaluation of a particular tender, particularly when it comes to technical evaluation, is not to be second-guessed by a writ court.”, this remarkable stand was forwarded by Hon’ble Supreme Court, in a three judge bench chai... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO._____________ OF 2020 SPECIAL LEAVE PETITIONNO. 12766 OF 2020) M S GALAXY TRANSPORT AGENCIES CONTRACTORS TRADERS TRANSPORTS AND SUPPLIERS M S NEW J.K. ROADWAYS FLEET OWNERS AND TRANSPORT CONTRACTORS & ORS. JUDGMENT R.F. Nariman J 1. Leave granted. In this appeal the I... |
Whether a priority industry eligible to avail sale tax benefits and exemptions contemplated under IPR-1996: Odisha High Court | If the industry complies with all the requirements of the applicable notifications, then there is no justification for denying the sale tax exemptions. A single bench comprising of Chief Justice B.P. Routray adjudicating the matter in Protection Manufacturers Pvt. Ltd. v. State of Odisha & Ors (WRIT PETITION (CIVIL... | IN THE HIGH COURT OF ORISSA AT CUTTACK WRIT PETITIONNo.54909 An Application under Articles 226 & 227 of the Constitution of India) M s. Protection Manufacturers Pvt. Ltd. Petitioner versus State of Orissa and others Opposite Parties Advocates appeared in the case by Video Conferencing mode: For Petitioner Mr. S. P. Mis... |
‘Equal pay for equal work’ holds the status of fundamental right in service jurisprudence: Ranchi High Court | In the case of Employer in relation to Management of Food Corporation of India vs. Employer in relation to Management of Food Corporation of India [W.P. (L) No. 3745 of 2009], the Ranchi high court observed ‘equal pay for equal work’ is the basic right of every individual and should be one of the fundamental right in s... | 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.No. 37409 Employer in relation to Management of Food Corporation of India a Body Corporate incorporated under the Food Corporation of India Act through its Area Manager Manoj Kumar son of C.P. Gond Resident of Nutan Nagar P.S. Civil Lines P.O. and District Gaya. V E R S U ... |
Non-Satisfaction with the Result of the Election, Require to Appeal at Respective Authorities directed in Sections 162 & 175 of H.P. Panchayati Raj Act, 1994: High Court of Shimla | When a Rule or a set of Rules specifically permits or enables a person to approach an appropriate Authority to redress his or her grievances, he or she should avail that remedy under the appropriate provisions of law. This honorable judgement was passed by High Court of Shimla in the case of Rekha Thakur v. State of H.... | Hig h C o urt of H.P on 25 03 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 6521 Date of decision: 24.03.2021 _____________________________________________________ Rekha Thakur …..Petitioner Versus State of H.P. & others …Respondents ________________________________________________________ Coram: The Hon’b... |
Sehgal School of Competition vs Dalbir Singh | Background: The Consumer Protection Act: Established in 1986, it aims to provide better protection to the rights and interests of consumers. The Act empowers consumers to redress their grievances or disputes through consumer councils and various authorities for settlement of disputes. This act is regarded as ‘Magna Car... | Sehgal School Of Competition vs Dalbir Singh on 10 December 2008 State Consumer Disputes Redressal Commission Sehgal School Of Competition vs Dalbir Singh on 10 December 2008 IN THE STATE COMMISSION: DELHI IN THE STATE COMMISSION: DELHI under Section 9 Clauseof the Consumer Protection Act 1986) Date of Decision: 10 12 ... |
Dacoity can be proven only if the assembly of 5 or more person have gathered with the intention of dacoity is shown. : Allahabad High Court | Whoever makes any preparation for committing dacoity must be punished by imprisonment for a term not exceeding ten years, as well as a fine.’ And whoever, at any time after the passage of this Act, is a member of a group of five or more people gathered for the purpose of committing dacoity, shall be punished by rigorou... | Ruri vs State on 1 March 2021 Allahabad High Court Ruri vs State on 1 March 2021 Bench: Raj Beer Singh HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved on 19.11.2020 Delivered on 01.03.2021 CRIMINAL APPEAL No. 1682 Connected With CRIMINAL APPEAL No. 1582 1. Kishoreand Section 25 of Arms Act police station Pahasu district... |
FIR quashed on the basis of suspicion: Bombay High Court | A fair reading of the FIR will demonstrate that, as far as the plaintiff is concerned, the charges are ambiguous, non-specific, and fail to reveal any of the elements of the above offences. The charges in the complaint that resulted in the filing of the FIR do not even reveal the ingredients of the suspected offences a... | on 01 04 2021 on 01 04 1 21 08 Cri WP 146.21J.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONCRIMINAL WRIT PETITION NO.146 OF 2021Naval Ashok Agarwal R at 903A Lady Ratan Towers D.S. Road Gandhinagar Upper Worli Mumbai 400018.]]]] … PetitionerVersus1.The State of Maharashtra(Through Worli P... |
Financial bank guarantee can be invoked after the imposition of a moratorium: NCLAT | Invocation of a bank guarantee during a moratorium period imposed under Section 14 of the Insolvency and Bankruptcy Code 2016. The judgment passed by the NCLAT New Delhi (principle bench), in its decision in Bharat Aluminium Co Ltd v JP Engineers Pvt Ltd (COMPANY APPEAL (AT)(INSOLVENCY) NO.759 OF 2020) by Hon’ble s... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI COMPANY APPEALNO.759 OF 2020 IN THE MATTER OF: BHARAT ALUMINIUM CO. LTD Aluminium Sadan Core 6 Scope Office Complex 7 Lodhi Road New Delhi 110003 Vs. 1. M S J.P. ENGINEERS PVT LTD. Through Mr. Sumit Bansal Interim Resolution Professional 3 8 2nd Floor As... |
‘Distress’ under the act should be interpreted broadly: Supreme Court | The Supreme Court shed light upon the meaning of ‘land’ and ‘distress’ under the West Bengal Restoration of Alienated Land Act, 1973. The appeal was partly allowed by the bench comprising of J. Sanjay Kishan Kaul, J. Aniruddha Bose and J. Krishna Murari in the case of Smt. Renuka Dey & Ors. v. Naresh Chandra Gope (... | contemplates in substance return of land to a small land raise funds to tide over financially distressed condition. For required to make an application to the authority prescribed under the said statute. We shall refer to that statute the provisions relating to restoration of the land already conveyed by him. The natu... |
Mere dispatch of the report to the accused is not a sufficient compliance with the requirement of Section 13(2) of Prevention of Food Adulteration Act, 1954: The Supreme Court of India | Under sub-section (2) of Section 13, it is mandatory for the Local (Health) Authority to forward a copy of the report of the Public Analyst to the person from whom the sample of the food has been taken in such a manner as may be prescribed. Further mandate of sub-section 5 (2) of Section 13 is that a person to whom the... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1312 OF 2021 Arising out of Special Leave PetitionNo. 59918 NARAYANA PRASAD SAHU ..…APPELLANT THE STATE OF MADHYA PRADESH .....RESPONDENT J U D G M E N T Abhay S. Oka J The appellant has been convicted for the offence punishable under Sectionof the Prevention o... |
When matter is amicably settled between the parties, the complainants should be permitted to compound such offences against the applicants: High Court of Uttarakhand. | Where the petitioner and respondent had amicably settled the dispute and the complainants do not want to prosecute the petitioner further, therefore, the complainants (respondents herein), should be permitted to compound such offences against the applicants. A single Judge bench comprising Hon’ble Justice R.C. Khulbe, ... | IN THE HIGH COURT OF UTTARAKHAND AT Compounding Application No. 21 Criminal Writ Petition No. 11821 Narendra .. Petitioner State of Uttarakhand & Anr. Mr. V.S. Chauhan learned counsel for the petitioner. Mr. Sachin Panwar learned Brief Holder for the State. Mr. Priyansh Kumar learned counsel for the complainant. Hon’bl... |
All proceedings U/S.58 of the Bihar Prohibition and Excise Act, 2016 must be initiated/concluded within a period of ninety days: High Court of Patna | The court directed that all proceedings under section 58 of the Bihar Prohibition and Excise Act, 2016, must positively be initiated and concluded within a period of ninety days from the date of appearance of the parties. Further, Appeal/Revision, if any, should also be decided within a period of thirty days from the d... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.72021 Anil Ravidas Son of Brahmdeo Ravidas Resident of Village Lalpur Police Station Kawakol District Nawada The State of Bihar through the Principal Secretary Excise Department Government of Bihar Patna ... Petitioner s The District Magistrate Na... |
Section 378 Code of Criminal Procedure is not limited to seeing whether or not Trial Court’s view was impossible: Supreme Court | On deciding whether the High Court can interfere with the decision of Trial Court’s view, it was held that homicidal death cannot be left Judicium Dei and the scope of section 378 Cr.P.C cannot be restricted to a precautionary principle. This Judgment was passed in the case of Achhar Singh vs. State of Himachal Pradesh... | 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... |
Bail is not to be withheld as a punishment: High Court of Himachal Pradesh | The objective of bail is to secure the attendance of the accused in the trial and the rationale behind the test to issue bail is to see if the accused will appear before the court for a smooth trial. An accused is supposed to be treated as innocent until proven guilty and this applies to the concept of bail as well. T... | Hig h C o urt of H.P on 12 07 CIS IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.12321 Decided on: 9.07.2021 ____________________________________________________________________ Sher Singh .. Petitioner Versus State of Himachal Pradesh …..Respondent ___________________________________________________________... |
Committee appointed for independent enquiry into security breach issue: Supreme Court | The petitioner, an NGO named Lawyer’s Voice filed a petition in the supreme court and demanded recognition of the issue of serious security lapse and probe an independent enquiry committee to find out the reasons of the breach. The petition was brought before a supreme court bench comprising of CJI NV Ramana, Justice ... | 1. The present Writ Petition arises out of the incident dated 5.01.2022 wherein on a visit to Hussainiwala District the country and takes up causes that are in public interest “(a) Take cognizance of the serious and deliberate lapse on part of the Respondent Nos. 1 2 ad 3 Direct the learned District Judge Bhatinda to c... |
The right to be released on bail under Section 167 (2)(a) is an indefeasible right: Gauhati High Court | It is the legality and validity of the orders, which is the subject matter of challenge in the present proceeding. Such an opinion was held by The Hon’ble High Court of Gauhati before The Hon’ble Mr. Justice Sanjay Kumar Medhi in the matter of Hanufa Nasrin Vs. The State Of Assam And Anr [Case No. : Crl.Pet./668/2021].... | Page No.# 1 4 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet. 668 2021 HANUFA NASRIN D O HANIF ALI CHOUDHURY R O HOWLY TOWN WARD NO. 3 P.S. HOWLY DIST. BARPETA ASSAM PIN 781316 THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM S O ABDUL MALEK R O CHAPRA P.S. BARPETA ... |
Ingredients of Section 498 A IPC should be proved beyond reasonable doubt for conviction: Supreme Court of India | The ingredients of Section 498A IPC have to be proved against the accused by the prosecution beyond reasonable doubt to upheld conviction. This was held in the case of Nimay Sah v. State of Jharkhand, [Criminal Appeal No.211 of 2011], by Hon’ble Justice N.V. Ramana in the Supreme Court of India. The deceased in the p... | JUDGMENT This appeal arises out of the impugned judgment No. 235 1998 45 1998 dated 09.05.2001 and upheld the The present appeal pertains to Nimay Sah accused no.3 who is the elder brother of the deceased’s husband Gora Sah accused no.1. The present appellantaccused has suffered conviction along with accused no.1 Gora... |
The grant of relaxation in the past cannot constitute an unreasonableness necessitating the grant of an exemption in the present year also: High Court of Delhi | The executive may take a policy decision based upon prevailing circumstances for better administration, and to meet out the exigencies of time. The Court is called upon to consider the validity of such a decision only when a challenge is made before it. The grant of relaxation in the past was held by the Court not to c... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st May 2021 W.P.(C) 1464 2021 ISHA JAISWAL & ORS. Through: Ms. Shruti Dixit Advocate Petitioners NATIONAL TESTING AGENCY NTA) & ORS. Respondents Through: Ms. Seema Dolo Advocate for R 1. Mr. Sushil Kumar Pandey Sr. Panel Counsel for R 2 & 3. HON’BLE MR. JUSTIC... |
Property suit involving question on matrimony can’t be maintained in Munsif court: High court of Kerala | Any case which involves a major legal question of determining the validity of a matrimonial relationship cannot be decided by a court other than a family court as per Section 7(1) (d) of the Family Courts Act. This was held and reiterated by Hon’ble Justice T.V. Anilkumar in a land dispute case of Jaminimol v Federal B... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR FRIDAY THE 22ND DAY OF JANUARY 2021 2ND MAGHA 1942 OP(C).No.1807 OF 2015(O AGAINST THE ORDER DATED 06.04.2015 IN I.A.NO.2000 2014 IN O.S.NO.310 2014 OF MUNSIFF COURT PATHANAMTHITTA AGED 52 YEARS W O.LATE P.J.SURESH JAMINI NIVAS VENKURINJI ... |
“There cannot be any doubt that the responsibility of ensuring the safety of the inmates during the day or in the night as long as they are in the prison is upon the said authorities”: Sikkim High Court | Article 21 of the Indian constitution mandates for Right to life for every human being even if he/she is a convicted criminal. NHRC of India is set up to check any kind of violation of basic human right. In this case of State of Sikkim vs. National Human Rights Commission [W.P.(C) No. 46 of 2021] a writ petition was fi... | THE HIGH COURT OF SIKKIM: GANGTOK CIVIL EXTRA ORDINARY JURISDICTION) Single Bench: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE W.P.(C) No. 421 State of Sikkim Through the Chief Secretary Government of Sikkim Gangtok East Sikkim. .... Petitioner Versus National Human Rights Commission Through the Secretary General... |
Courts will be cautious in exercising inherent powers to interfere with a consent decree except when an exceptional or glaring error is recorded apparently: Supreme Court of India | Consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties. The court would be slow to unilaterally interfere in, modify, substitute or modulate the terms of a consent decree unless it is done with the revised consent of all the par... | These petitions arise out of judgments of the High Court of Judge Rohini dated 23.09.2017 in Suit No 58395 2016 filed by the Respondent. Whereas by the second Review Petition No. 177 2019 filed by the Petitioner against the Ground Floor G.T. Karnal Road Industrial Area Delhi110033 admeasuring 608 sq. yards (hereinafte... |
Prosecutor cannot file a final report to defeat the default bail by the accused: Supreme Court | In the case of M. Ravindran versus The Intelligence Officer [S.L.P. (Criminal) No. 2333 of 2020], the Supreme Court of India observed that the right of the defaulter to default bail was enforceable even if the charge sheet or report seeking the extension of time was subsequently filed by the petitioner. The remarkable ... | The judgment dated 21.11.2019 passed in Crl. O.P. No Section 8(c) read with Sections 22(c) 23(c) 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 filed application for bail under Section 167(2) of the Code of Criminal Procedure 1973 on 01.02.2019 before the Special Court for Exclusive Trial of Case... |
Praga Tools Corporation V/s. Shri C. A. Imanual & Ors. | The company being a non-statutory body and one incorporated under the Companies Act, there was neither a statutory nor a public duty imposed on it by a statute in respect of which enforcement could be sought by means of a mandamus, nor was there in its workmen any corresponding legal right for enforcement of any such s... | PRAGA TOOLS CORPORATION Vs SHRI C. A. IMANUAL & ORS DATE OF JUDGMENT SHELAT J.M SHELAT J.M BHARGAVA VISHISHTHA 1969 AIR 1306 1969 SCR 773 1969 SCC 585 CITATOR INFO RF 1970 SC1150 and s 18(1) of the Industrial Disputes Act 1947 and were to be in force as aforesaid until July 1 1964. On December 20 1963 however the comp... |
The state of Maharashtra vs. Syndicate Transport Company Pvt. Ltd | Introduction: Trust is the main factor behind every successful business. In India, breach of trust is punishable under both the Civil and Criminal Code. The case of State of Maharashtra v. Syndicate Transport Company Pvt. Ltd, deals with the question as to whether a corporate body is liable for punishment of offence in... | State Of Maharashtra vs Syndicate Transport Co.Ltd. ... on 26 September 1963 Bombay High Court State Of Maharashtra vs Syndicate Transport Co.Ltd. ... on 26 September 1963 Equivalent citations: AIR 1964 Bom 195 66 BOMLR 197 1964 CriLJ 276 1. This criminal reference raises an important question of law regarding the liab... |
Same –gender sexual harassment cases will be dealt under POSH Act: Calcutta High Court | Complaints for Same-gender sexual harassment will now be maintained under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013aka. POSH Act. This judgment was passed by the Calcutta High Court in the case of Dr. Malabika Bhattacharjee vs. Internal Complaints Committee, Vivekananda C... | SL 07 27.11.2020 m.b .d.p IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 91420 Through Video Conference Dr. Malabika Bhattacharjee Internal Complaints Committe Vivekananda College & Ors Mr. Soumya Majumder Mr. Debashis Banerjee Mr. Subrata Saha …For the Petitioner Mr. Kallol Basu Mr. Suman Baner... |
Possession of Aadhar card, voter id and pan card not proof of Indian citizenship – Patna HC | In the case of Kiran Gupta Vs State Election Commission & Ors. [Letters Patent Appeal No.139 of 2020 in Civil Writ Jurisdiction Case No.19109 of 2019] Patna High Court held that the foreign national does not become an Indian citizen on marriage with a citizen under the Act. The appellant, Kiran Gupta, was born and ... | IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1320 Civil Writ Jurisdiction Case No.191019 Kiran Gupta wife of Ashok Prasad Gupta Resident of Ward No. 10 North Panchayat Manik Chowk Post Office and Police Station Manik Chowk Block Runnisaidpur Distt. Sitamarhi ... Petitioner Appellant s The State Ele... |
Parties adopting International Law in the agreement are not barred from taking recourse under the I&B Code: NCLAT | NCLT has jurisdiction to entertain an application under the IBC the parties cannot derive the advantage of the terms of the. An agreement where parties agreed that any suit or case is maintainable only in a Court outside India. The order passed by the NCLAT New Delhi in its decision in Excel Metal Processors Limited ... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Company Appeal(Insolvency) No. 7819 IN THE MATTER OF: Excel Metal Processors Limited Appellant Benteler Trading International GMBH and Anr. Respondents For Appellant: Mr. Javeed Hussain amd Mr. Ashish Rana O R D E R 21.08.2019 An application for substitution has been fi... |
Benefit of Special Category Reservation granted: Karnataka High Court | In the case of Kumari Anjali R. versus Karnataka Examination Authority [Writ Petition No.- 11576 of 2020(EDN- CET)], the Karnataka high court observed that because of the minor error in describing the reservation category, the candidate who was aspiring for a seat in engineering course cannot be denied a seat in the CE... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2020 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.11576 OF 2020BETWEEN: KUMARI ANJALI .R D O RAVINDRA S.V. AGED ABOUT 17 YEARS RESIDING AT LIG 548 HUDCO COLONY KALLAHALLI 2ND PHASE VINOBANAGAR SHIVAMOGGA 577 024. REPRESEN... |
No iota of Substance as to Construe Intention of Accused to kill the Injured: High Court of Shimla | Even if statement of complainant is taken to be true as it is then also, there is no iota of substance in the said statement so as to construe intention of petitioner-accused to kill the injured. This honorable judgement was passed by High Court of Shimla in the case of Lekh Ram Versus State of Himachal Pradesh [Cr.M.P... | Hig h C o urt of H.P on 01 04 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.(M) No.3521 Reserved on: 19.03.2021 Date of Decision: April 1 2021 Lekh Ram …Petitioner. Versus State of Himachal Pradesh ...Respondent. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur Judge. Whether approved for reporting 1 For... |
It is deemed that sufficient notice of the listing of the case and the hearing is given if there is sufficient compliance with the requirements of Order 39 Rule 4 CPC : Jammu and Kashmir High Court | Once procession is taken after the acquisition proceedings stood concluded and the final award passed, the court will not interfere in the decision. This was held in the judgment passed by a two- judge bench comprising of HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR and HON’BLE MRS. JUSTICE SINDHU SHARMA, in the matter suff... | IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Reserved on:19.02.2020 Pronounced on:23.06.20202 LPA No.21 2020 CM No.501 2010 Manzoor Ahmad Bhat & Ors. ... Appellant(s) Through: Mr. J. H. Reshi Advocate. Union Territory of J&K &Ors. …Respondent(s) Through: Mr. N. H. Shah Sr. AAG with Mr. Shah Aamir AAG. HON’BLE MR.... |
Election result made without the counting of votes, opposing relevant Rules and Instructions cannot be sustained: Patna High Court | If the result of an election must be declared only after the counting of votes in the manner prescribed by the relevant Rules and Instructions issued by the State Election Commission, any declaration of result made without the counting of votes in the manner prescribed is not a declaration in the eyes of law, and thus ... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2322 Santosh Kumar S o Rajeshwar Prasad Singh Resident of Village Jagdishpur Dharamu Gram Panchayat Raj Jagdishpur Dharmu P.S. Paroo District Jaganath Paswan S o Bunilal Paswan Resident of Village Jagdishpur Dharamu Gram Panchayat Raj Jagdishpur D... |
The father of the petitioner is responsible for the crime, as he coerced the informant’s husband to commit an illegal activity which resulted in his death.: High court of Patna | The petitioner was arrested under Sections 188 IPC, “Disobedience to order duly promulgated by a public servant”, section 269, “Negligent act likely to spread infection of disease dangerous to life”, section 270, “Malignant act likely to spread infection of disease dangerous to life”, section 302, “Punishment for mur... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 275321 Arising Out of PS. Case No. 41 Year 2020 Thana TETERHAT District Lakhisarai Chhotu Kumar @ Abhishek Raj aged about 19 years Son of Ashok Ram Resident of Village Mahisona PS Tetarhat District Lakhisarai The State of Bihar ... Petitioner s ... Opp... |
Quashing of a complaint should be an exception than an ordinary rule: Supreme Court | The law is well settled that Courts would not thwart any investigation. It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on. It was held by the decision of the privy cou... | IN THE SUPEME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITIONNO.4931 OF 2020 SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED … PETITIONER(S THE STATE OF UTTAR PRADESH & ORS. …RESPONDENT(S JUDGMENT V. Ramasubramanian J Aggrieved by the refusal of the High Court to quash a First Information Reportregist... |
A Government employee should strictly follow the Government guidelines for medical reimbursement bills: High Court of Tripura. | A person who is a government employee is only liable to claim medical reimbursement bills when such person has followed the government guidelines for medical reimbursement bills. A single Judge bench comprising Hon’ble Justice Mr. Arindam Lodhi, in the matter of Sri Pradip Datta Vs. The State Tripura (WP(C) 234 OF 2021... | HIGH COURT OF TRIPURA WP(C) 234 OF 2021 Sri Pradip Datta S O Late Manindra Chandra Datta Vill Chhanban P.O. Rajarbag Udaipur Gomati District Pin 799120. 1) The state of Tripura Represented by the Secretary cum Commissioner Education Department Government of Tripura New Secretariat Complex P.O.Kunjaban P.S. New Capital... |
Bhagwan Dass V/S State Of Haryana | “Factors which weigh in the mind of the competent authority while granting officiating promotion are not the same which have to be kept in view while deciding the issue relating to premature retirement” The alleged are that the petitioner had joined the police department on 15.5.1983. He earned his due promotions. He w... | BHAGWAN DASS AND OTHERS Vs STATE OF HARYANA & ORS DATE OF JUDGMENT31 07 1987 THAKKAR M.P.714 1987 SCC 634 JT 1987206 1987 SCALE The Respondent State has failed to establish its plea that the nature of the duties are different. In the regular cadre the essential qualification for appointment is B.A B.ED. Petitioners al... |
Accident claim -vehicle registered and insured in India – Accident in Nepal-Insurance Company liable to pay compensation – No extra premium can be charged for third party insurance even for extra territorial coverage: Punjab and Haryana High Court | It appeared that the competence of ‘India Motor Tariff’ to issue such instruction to limit the liability of the Insurance Company in terms of the geographical area has not been shown by the Insurance Company. No such instructions; which run counter to or dilute the liability of Insurance Company as defined under Sectio... | on 27 11 FAO No.1517 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No.1517 Date of decision : 13.11.2017Anil Kumar ......AppellantversusRoop Kumar Sharma and another .....RespondentsCORAM: HON BLE MR. JUSTICE RAJBIR SEHRAWAT PRESENT : Mr. Naveen Daryal Advocate for the appellant. Brig. B.S.Tanque Advocate ... |
National Highways Authority of India v/s Sayedabad Tea Company Ltd. & Ors. | When the special law sets out a self-contained code, the application of general law would impliedly be excluded. The relevant seminal facts are that the subject land comprised in “Sayedabad Tea Estate” situated at Mouza Purba Madati, J.L. No. 108, Police Station Phansidewa, Dist. Darjeeling measuring 5.08 acres was acq... | The moot question which arises before us is whether the Act 1996(hereinafter being referred to as “Act 1996”) is Act 1956 which provides for appointment of an Arbitrator by the Central The relevant seminal facts are that the subject land comprised in “Sayedabad Tea Estate” situated at Mouza Purba Madati J.L. No. 108 Po... |
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