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There must be existence of a proximate and live-link between the affect of cruelty based on dowry demand and the concerned death: Telangana High Court
Prosecution has failed to prove the guilt of the appellant beyond all reasonable doubt and he is entitled to the benefit of doubt. This was said in the case of Boddupally Venkanna vs The State Of Telangana [CRIMINAL APPEAL No.36 of 2020] by Justice G. Sri Devi in Telangana High Court.  The facts of the case date back t...
HONOURABLE JUSTICE G.SRI DEVI CRIMINAL APPEAL No.320 Accused No.1 in Sessions Case No.178 of 2016 on the file of the Judge Family Court cum VI Additional District and Sessions Judge Nalgonda is the appellant herein. He along with two others were charged for the offences punishable under Sections 498 A 302 304 B of I.P....
A person shall be compensated for both the physical & mental injuries: Chhattisgarh High Court
A person is not only to be compensated for the physical injury but also for the loss, which he suffered, as a result of such injury, this remarkable stand was forwarded by Hon’ble Chhattisgarh High Court, in a single judge bench chaired by Hon’ble Justice Mr Shri Sanjay S. Agrawal, in the miscellaneous appeal case of R...
1NAFRHIGH COURT OF CHHATTISGARH BILASPURM.A(C) No.13715Reserved on 15.12.2020Pronounced on 17.12.2020Roshan Goyal S o Katahur Goyal Aged About 40 Years R o Village Pendari Tahsil Takhatpur District Bilaspur Chhattisgarh .........Claimant AppellantVersus 1.Rakesh Kumar Malhotra S o Shyam Lal Malhotra Aged About 22 Years...
The proceedings under section 107 of Cr.P.C are preventive in nature and intended to maintain peace and tranquillity in the area: High Court of Jammu & Kashmir and Ladakh
If any person who commits an act that results into disturbing the peace and public tranquillity of an area, he can be bound down by directing him to execute bond for keeping the peace in the said area, provided such an act is against the public at large. The aforesaid has been established by the High Court of Jammu &am...
t HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 08.11.2021 Pronounced on: 12.11.2021 APPCR No. 40 2015 c w CRMC No. 396 2015 Masood Ahmed and another Through : Mr. Masood Ahmed Advocate Petitioner No. 1) Executive Magistrate Ist Class Doda and RespondentThrough : Mr. Suneel Malhotra GA Coram: HON’BLE ...
Motor Vehicles Act not governed by Code of Civil Procedure or Indian Evidence Act: Himachal Pradesh High Court
While deciding an appeal against the order of recovery of damages by the Motor Accident Claims Tribunal, the court decided the evidence will be evaluated on principle of preponderance of probability and that under the said act the tribunal can evolve its own procedure. This Judgment was passed in the case of Sahil Kuma...
Hig h C o urt of H.P on 14 05 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA FAO No. 3419 Judgment Reserved on 22 nd April 2021 Date of Decision 13 th May 2021________________________________________________________Sahil Kumar…AppellantVersusHRTC and another ….RespondentsCoramThe Hon’ble Mr. Justice Vivek Singh ...
High court sets aside Lower Court’s order and grants bail to the petitioner on cruelty and dowry: Karnataka High Court
The criminal petition filed under section 438 of Cr.P.C seeking enlargement on bail for the offence punishable under section 498A( Husband or relative of husband of a woman subjecting her to cruelty), 323 ( punishment for voluntarily causing hurt), 504 ( intentional insult with intent to provoke breach of peace), 506 (...
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY 2022 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.310 2022 BETWEEN: S O GAVISIDDAIAH AGED ABOUT 31 YEARS R O SHITTAHALLI VILLAGE KIRUGAVALU HOBLI MALAVALLI TALUK ADDRESS SHOWN IN FIR AS SHETTAHALLI VILLAGE MALAVALLI TALUK MANDYA...
The prosecution is under an obligation to lay down the foundational facts before presumption can be drawn against the accused U/S 29 and 30 of POCSO Act: Gauhati High Court
The prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond a reasonable doubt, but based on a preponderance of probability. if he is not able to prove the foundational facts of the offence based on a preponderance of probability, the presumption under Secti...
Page No.# 1 12 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A. 327 2019 SRI TANKESWAR SARMA S O LATE BHADRESWAR SARMA R O SARUTHEKERABARI P.O. AND P.S. MANGALDAI DIST. DARRANG ASSAM THE STATE OF ASSAM AND ANR REP. BY THE P.P. ASSAM 2:SRI UMESH SARMA S O MANIK DEB SAR...
The Court is not inclined to grant pre-arrest bail to the petitioner after being arrested under Sections 447, 341, 323, 324, 325, 354B,379,504,506 and 34IPC: High court Of Patna
The petitioner was arrested under Section 447 of the Indian Penal Code, “Punishment for criminal trespass”, section 341, “Punishment for wrongful restraint”,  section 323, “Punishment for voluntarily causing hurt”, section 324, “ Voluntarily causing hurt by dangerous weapons or means”, section 325, “Punishment for volu...
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 339920 Arising Out of PS Case No. 152 Year 2020 Thana DIGHA District Patna Ravi Singh an adult male aged about 25 years Son of Anil Singh Resident of Fair Field Colony Behind Puja Flower Mill Police Station Digha District Patnafor the State. 3. The pet...
Welfare of children u/S 40 of the POSCO Act to be a priority for the Special Juvenile Police Unit: Bombay High Court
In light of matter pertaining under the POSCO Act, the Bombay High Court bench in the matter of Arjun Kishanrao Malge Vs The State [CRPIL/5/2021]; comprising a quorum of Dipanka Datta J. and G.S. Kulkarni J. held that the legislative intent behind S. 40 the POSCO Act is to prioritize the welfare of children, be it some...
on 15 04 2021 on 17 04 2.CRPILNo.52021corrected.docxIN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONPUBLIC INTEREST LITIGATION NO.5 OF 2021Arjun Kishanrao Malge....Petitionerversus1. State of Maharashtra2. Director General of Police3. Maharashtra State Commission forProtection of Child Rights.....
The Object of Bail is Neither Punitive nor Preventative but to Secure the Appearance of the Accused Person at his Trial: High Court of Shimla
The object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused, bail is not to be withheld as a punishment. This honorable judgement was passed by High Court of Shimla in the case of Pankaj and Ra...
Hig h C o urt of H.P on 22 03 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. Cr.MP(M) Nos. 462 and 463 of 2021 Decided on: 22.3.2021 __________________________________________________________________ 1. Cr.MP(M) No.4620 Pankaj …..Petitioner Versus State of Himachal Pradesh ….Respondent ____________________________...
Sale of shares reducing the extent of shareholding is inappropriate: Supreme Court of India
The instance where the sale of shares takes place with the purpose to reduce the extent of control of shareholding is inappropriate. The stage when the applications for modification are preferred by the financial institutions, on the basis of which the order is to be passed and none of the banks present what the conseq...
SLP(C)No.204117 etc M s. Daiichi Sankyo Company Limited vs. Oscar Investments Limited and others 1 IN THE CIVIL APPELLATE INHERENT JURISDICTION SPECIAL LEAVE PETITIONin Fortis Healthcare Limited ‘FHL’ for short) be maintained. By next order dated 31.08.2017 it SLP(C)No.204117 etc M s. Daiichi Sankyo Company Limited vs....
The State authorities shall further not pursue the impugned orders under Section 188 against the proprietor: High Court Of Sikkim
It was directed that the State Authorities shall not pursue the impugned orders. The Hon’ble High Court of Sikkim before the Hon’ble Mr. Justice Bhaskar Raj Pradhan in the matter of  Krishna Kumari Chettri vs. State of Sikkim[W.P. (Crl.) No.01 of 2020].  It appears a writ petition against the State-respondents was file...
THE HIGH COURT OF SIKKIM : GANGTOK Criminal Extraordinary Jurisdiction) SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE W.P.No.020 1. Krishna Kumari Chettri W o Bishnu Lall Chettri R o Rorathang Bazar East Sikkim. 2. Sanjay Chettri S o Bishnu Lall Chettri R o Rorathang Bazar East Sikkim. 1. State of Sik...
Miscellaneous First Appeal filed for the enhancement of compensation Allowed: Karnataka High Court
Miscellaneous first appeal is filed by appellant- claimant for the enhancement in compensation from 1,69,000 to 2,04,000 so that he can recover the whole amount which was spent on medical, nourishment, food , amenities and happiness which was approved by High court of Karnataka through the learned bench led by the HON’...
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA ON THIS THE 06th DAY OF DECEMBER 2012 THE HON’BLE MR.JUSTICE RAVI MALIMATH MISCELLANEOUS FIRST APPEAL NO.30075 OF 2009 C W 30074 2009OF MV ACT AGAINST THE JUDGMENT AND AWARD DT:21.07.2008 PASSED IN MVC NO.51 2007 ON THE FILE OF THE II ADDL CIVIL JUDGE GULBARGA PA...
If SEBI acts capriciously, then exercise of SEBI may be vitiated under Article 14: Bombay High Court
If SEBI fixes the manner of charging fees in an unreasonable or capricious manner; in such case, its legislative (or executive) exercise may be vitiated by arbitrariness eschewed by Article 14 or unreasonable restriction not being covered under Article 19(6) and thus infringing Article 19(1)(g), held, a division bench ...
on 29 06 2021 on 22 03 1.WPL. 638 21.docBhogaleIN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONWRIT PETITIONNO.638 OF 2021 Purnartha Investment Advisers Private Limited.. Petitionervs.Securities and Exchange Board of India & anr... Respondents Mr. Rahul Totala a w Mr. Ashwin Poojari and Mr...
This Court has been entertaining the writ petitions for transfer only in extreme cases where the Airman or his immediate family members are suffering from life threatening disease(s) or are disabled.: Delhi High Court
This Court is of the view that posting of Airman falls within the exclusive purview of Air Force Records Office and Courts are normally reluctant to interfere with the same unless and until the same is contrary to law and/or the facts of the case are ‘so gross’ that they warrant interference by a Court in writ jurisdic...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 12946 2021 & C.M.NO.40778 2021 CPL SANDEEP KRISHNAN U K Petitioner Through Ms.Ria Gandhi Advocate. UNION OF INDIA & ORS. HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVIN CHAWLA MANMOHAN J JUDGMENT Through Mr.Kavindra Gill GP for UOI. Respondents Date of Decision: 17...
Petitioner is allowed to travel to UAE and Thailand for business purpose subjected to some conditions stated by the Court : High Court of Delhi
Court is inclined to allow the present application and permit the petitioner to travel to UAE and Thailand, with a further direction that he shall return to India on or before April 06, 2022, subject to certain conditions and was held by High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE V. KAMESW...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: March 11 2022 W.P.(C) 4081 2021 CM No. 10777 2022 JAYANT NANDA Petitioner Through: Mr. R.K. Handoo Mr. Yoginder Handoo and Mr. Ashwin Kataria UNION OF INDIA THROUGH: SECRETARY MINISTRY OF ..... Respondents FINANCE GOI & ORS. Through: Mr. Devesh Dubey Adv. for M...
Electricity is one of the Fundamental Rights for existence under Article 21 of the Constitution of India: High Court of Delhi
Electricity is one the Fundamental Rights for existence under Article 21 of the Constitution of India, subject to the complementation with other requirements. Therefore, the right to have electricity would not be construed as recognising any tenancy or possessory rights with regard to the subject property. These were s...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 890 2022 Judgment delivered on: 14.01.2022 ASHISH GUPTA ….. Petitioner TATA POWER DELHI DISTRIBUTION LIMITED ....Respondent Advocates who appeared in this case: For the Petitioner: Mr. Pankaj Kumar Advocate. For the Respondent: Mr. Manish Srivastava Mr. Akhil Hasija and M...
To be Stricto Sensu there Shouldn’t be any Delay and Laches: High Court of Shimla
The petition cannot be ‘stricto sensu’ said to be within the limitation period provided under Section 21 of the Administrative Tribunals Act as it suffers from delay and laches. This honorable judgement was passed by High Court of Shimla in the case of Japan Singh Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi V...
Hig h C o urt of H.P on 03 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPOA No.78319 Decided on: 1st April 2021 Japan Singh …..Petitioner Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Visvavidyalaya Palampur …..Respondent Coram Ms. Jyotsna Rewal Dua Judge Whether approved for reporting 1 For the Peti...
Weak circumstantial evidence, not a ground for bail : SC
The Supreme Court, in a recent judgement, observed that merely because the case of the prosecution rests on weak circumstantial evidence, it is not a ground for the High Court to grant bail to the accused. This was held by a supreme court bench comprising of Justice Mr. Shah and Justice Sanjiv Khanna, in the case conc...
IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 70 OF 2022 Ishwarji Nagaji Mali State of Gujarat and another JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned order dated 30.07.2021 passed by the High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No. 93921 by whi...
Delay in claim, not a ground for rejection: SC
It was held by the Supreme Court that the insurance company could not have repudiated the claim merely on the ground that the consumer intimated them about the theft, after a long period of time. This was ruled out by the Supreme Court Bench comprising of  Justice Sanjiv Khanna and Justice Bela M. Trivedi in the matte...
IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1069 OF 2022 .... APPELLANT JAINA CONSTRUCTION COMPANY THE ORIENTAL INSURANCE COMPANY LIMITED & ANR. JUDGMENT .... RESPONDENTS BELA M. TRIVEDI J. 1. The present appeal is directed against the impugned order dated 9th September 2016 passed by the National Consumer Di...
Court cannot issue injunction for determinable contract which fall U/s.14(1)(c) of the SRA: High Court of New Delhi
The CA being a determinable contract, under the provisions of Section 14(1)(c) of the SRA, no injunction could have been issued for howsoever short a duration and the impugned order to the extent it directs that the termination notice to be kept in abeyance is against the settled law. This was held in NATIONAL HIGHWAYS...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 26th March 2021 Pronounced on: 13th April 2021 FAO(OS)55 2021 & C.M.Nos.11596 11597 2021 NATIONAL HIGHWAYS AUTHORITY OF INDIA Through: Mr. Tushar Mehta SGI with Ms. Madhu Sweta and Ms. Shivangi Khanna Advocates PANIPAT JALANDHAR NH I TOLLWAY PVT. LTD Through: Dr. Ab...
The court can reduce the quantum of punishment of a convict, upon its discretion: Hight Court of Orissa.
Where the convict had undergone half of his sentence that was imposed on him, the court may upon its discretion reducing the quantum of sentence to the period already undergone by the convict, provided that such does not hamper in providing Justice. A single Judge bench comprising Hon’ble Justice D. Dash, in the matter...
IN THE HIGH COURT OF ORISSA AT CUTTACK CRA NO.11 OF 1999 From the judgment of conviction and order of sentence dated learned. Sessions Judge Khurda at 23.12.1998 passed by Bhubaneswar in S.T. Case No.898. Dhuleswar @ Dhula Mohapatra versus Appellant State of Orissa Appeared in this case by Video Conferencing Mode: For ...
The document is Unreliable and the Document does not Bind the Person are Different Concepts: Supreme Court of India
The signatures in the translated copy do not tally with the Urdu copy is not sufficient reason to hold the surrender letter as unreliable as the translation can be incorrect but the correctness of the document in had not been disputed. This auspicious judgement was passed by Supreme Court of India in the case of Kiran ...
IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6149 OF 2015 THE BIHAR STATE SUNNI WAKF BOARD JUDGMENT HEMANT GUPTA J The challenge in the present appeal is to an order passed by the High Court of Judicature at Patna dated 6.2.2013 whereby a writ petition filed by respondent No. 41 herein was allowed holding that ...
Information secured under the RTI Act cannot be the basis for the conclusion: Supreme Court of India
The Appellant has approached the Supreme Court in these appeals by assailing the orders passed by the High Court of Orissa in [WP(C) No.22713/2014]. Where they concluded and produced an order concerning the right to informant act. Mr Sibo Sankar Mishra represented the appellants and Mr   Ashok   Panigrahi represented t...
The Appellant­State of Odisha & others are before this High Court has set aside the orders passed by the Odisha Administrative Tribunal Cuttack Bench in O.A between the parties has the genesis in the selection process Through the resolution dated 12.03.1996 the procedure for recruitment was formulated and the selection...
A person, who performs the duties of higher office, must get the salary of the same post: High Court of Himachal Pradesh
The post of Planning & Development Officer lying vacant w.e.f. 21.07.2014, was a higher post in the line of promotion from the post of Deputy Registrar substantively held by the petitioner. Therefore, following the dictum of Shiv Dayal Kataria’s case, supra, in the facts and attending circumstances of the case, the...
Hig h C o urt of H.P on 06 05 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPOA No.53719 Reserved on: 29th April 2021 Decided on: 5th May 2021 Bishan Singh Chandel …..Petitioner Versus Himachal Pradesh University and another …..Respondents Coram Ms. Jyotsna Rewal Dua Judge Whether approved for reporting 1 Yes. F...
The employer has to take into consideration the Government orders/instructions/rules applicable to the employee at the time of taking a decision: Supreme Court of India
The employer must take into consideration all the Government orders/instructions/rules which are applicable to the employee at the time of making a decision. This remarkable judgement was passed by the Hon’ble Supreme court of India headed by Justice SANJAY KISHAN KAUL in the matter of THE STATE OF RAJASTHAN & ORS....
REPORTABLE IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3894 OF 2020 THE STATE OF RAJASTHAN & ORS. Appellant(s LOVE KUSH MEENA Respondent(s JUDGMENT SANJAY KISHAN KAUL J The moot point which arises for consideration is whether a benefit of doubt resulting in acquittal of the respondent in a case charged under S...
Order to shut down the premises operating commercial  activities without permission and  in violation of environment norms passed – NATIONAL GREEN TRIBUNAL
Order to shut down the premises operating commercial  activities without permission and  in violation of environment norms passed – NATIONAL GREEN TRIBUNAL A complaint was filed against the factories and other premises where commercial activities are operated without permission and are in violation of various environme...
Item No. 03 BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH By Video Conferencing) Original Application No. 207 2021 With reports dated 15.12.2021 & 20.01.2022) Rajeev Aggarwal Applicant North Delhi Municipal Corporation & Ors. Date of hearing: 25.01.2022 Respondent(s) CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIA...
Court can quash cases of non compoundable offences under exceptional circumstances; High Court of Delhi
There are always exceptions to the normal rules and certain categories of cases, which deserve consideration especially when it is a case of a love affair between teenagers and due to fear of the society and pressure from the community one party alleges rape, cases, where the accused and the victim are well known to ea...
IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 11.02.2021 CRL.M.C. 389 2021 & Crl.M.A. 2060 2021 ASHISH @ ASHISH KUMAR SAGAR Petitioner Through: AdvocateTHE STATE & ANR. Through: Mr. G.M.Farooqui Additional Public Respondents Prosecutor for State with SI Smriti Respondent No.2 complainant in HON BLE MR. JUSTICE SU...
A penalty of cut in pension can be imposed on ground of negligence under Rule 9 of CCS (Pension) Rules, 1972: High Court of Delhi
Under Rule 9 of CCS (Pension) Rules, 1972, penalty of withholding the pension or retrial benefits, full or in part, can be imposed even on ground of negligence. Negligence has been defined in Cambridge Dictionary Online to mean ‘failure to give enough care or attention to someone or something that you are responsible f...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 09th February 2022 Pronounced on: 17th February 2022 W.P.(C) 4887 2020 CM APPL.No.17646 2020 KARAN SINGH ARYA Petitioner Through: Mr.V.K.Raina and Mr.S.S.Sastry UNION OF INDIA & ANR. Advocates. Through: Mr.Neeraj Mr.Sahaj ..... Respondents Garg Mr.Vedansh Anand Mr.Ru...
In a case that has risen from Civil dispute, involvement of criminality generally is not found: Jharkhand High Court
The case arose out of a commercial transaction between the parties, the same had no bearing in the matter so long as the basic ingredients of the offence were satisfied in the case. Such an opinion was held by The Hon’ble High Court of Jharkhand before The Hon’ble Mrs. Justice Anubha Rawat Choudhary in the matter of Ra...
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 10312 Ravi Shankar Kumar son of Sri Sangeet Prasad Singh Resident of Village Oraina P.S. Muffasil District NawadaAt present residing at Retired Colony Chakradharpur District West Singhbhum… … The State of Jharkhand Versus CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT...
The power granted under Section 482 Cr.PC power can be exercised only when no other remedy is available to the applicant and not where a specific remedy is provided by the statute.: Meghalaya High Court
Section 482 Cr.P.C deals with the exercise of the power of the Court to essentially prevent abuse of the process of the court, to give effect to an order under the Code and to secure the ends of justice as upheld by the High Court of Meghalaya through the learned bench led by Justice W. Diengdoh in the case of Nail Nol...
Serial No. 21 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl. Petn. No. 621 Shri Nail Nolianson Khongwir Vs. State of Meghalaya & Anr. Date of Decision: 25.11.2021 Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) For the Respondent(s) Mr. Philemon Nongbri Adv. Mr. H. Kharmih Addl. Sr. GA. for...
Sole Arbitrator Cannot Be Appointed Solely By One Party: High Court Of New Delhi
Petitioner has filed the present petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996, and the same issue was held in the judgement passed by a single bench judge HON’BLE MR. JUSTICE SURESH KUMAR KAIT, in the matter  M/S ASHUTOSH BUILDERS CONTRACTORS AND ENGINEERS V. UNION OF IND...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10.11.2021 ARB.P. 900 2021 M S ASHUTOSH BUILDERS CONTRACTORS AND ENGINEERS Petitioners Through: Ms.Seema Singh Adv. UNION OF INDIA & ORS. Through: Ms.Arti Bansal Adv. Respondents HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENTPetitioner has filed the present pet...
There is no reason to disbelieve the testimony of the minors: Delhi High Court
Testimony of a minor must not be considered invalid by default. The Court found it essential to observe the testimony of two minors in the matter of Mohd.Chand vs State (Govt. Of Nct Of Delhi) [Crl.A.No.621/2020 AND Crl.M.A. No. 17106/2020]. The decision was given by Hon’ble Ms Justice Anu Mehrotra.” The appellant was ...
IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.A.No.621 2020 AND Crl.M.A. No. 17106 2020 Judgment reserved on : 22.01.2021 Date of decision : 4.2.2021 Mr.Sulaiman Mohd. Khan Advocate. ..... Appellant THE STATEOF DELHI ..... Respondent Through: Mr. Ashok Kr. Garg APP for State. CORAM: HON BLE MS. JUSTICE ANU MALHOTRA ANU ...
Delay in receipt of signed arbitral award not grounds for defense in lapse of limitation period: Delhi High Court
An inordinate delay in the receipt of the signed copy of arbitral award by one of the parties cannot be held as a defense in the event of a lapse of limitation period for challenging the arbitral award. A bench constituting Manmohan J. and Menon J. delivered the judgment in Hindustan Petroleum Corporation Ltd v Delhi T...
Suppl. 27 IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(COMM) 44 2021 CM APPLs. 9555 58 2021 HINDUSTAN PETROLEUM CORPORATION LTD....Appellant Through: Mr.Parijat Sinha with Ms.Pallak Bhagat and Mr.Devesh Mishra DELHI TRANSPORT CORPORATION Through: Mr.Santosh Kumar Tripathi standing counsel for DTC. Date of Decision: 10th...
Dying declaration made genuinely and naturally by the victim cannot be unreasonably disbelieved: Supreme Court
The dying declaration is the most relevant piece of evidence to which one may resort to. A dying declaration is a statement made by a prudent individual who is aware that death is inescapable due to the critical circumstances and situations which he/she had undergone and on that he considers being the cause or circumst...
IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.261 OF 2021 Arising out of SLPNo.58018 Satpal ....Appellant(s State of Haryana vs JUDGMENT R.SUBHASH REDDY J This appeal has been filed by the accused in Session Case No.208 on the file of the learned Additional Sessions Judge Yamuna Nagar at Jagadhri aggrieved...
The accused would certainly be entitled to the benefits of fair doubt if the testimony provided by the accused is of such a qualitative nature: Tripura High Court
If the evidence adduced by the accused is of such quality and such a standard that the court may entertain some reasonable doubt regarding his presence at the scene when the occurrence took place, the accused would, no doubt, be entitled to the benefit of reasonable doubt. For that purpose, it would be a sound proposit...
HIGH COURT OF TRIPURA Crl. A(J). No. 019 Mubarak Sarkar S o: Late Munaf Miah Sarkar of Samatal Palli Amarpur P.S. Birganj District: Gomati Tripura. V E R S U S The State of Tripura represented by the Secretary Home Department Government of Tripura. ….. Respondent. HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON’BLE MR....
Any record of statement taken in police custody not to be considered as custody: 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...
It is settled law that the Court cannot interfere in the disciplinary/inquiry proceedings at the interim stage.: Delhi High Court
When the Court is of the view that the writ petition is premature, it cannot interfere in the proceedings as upheld by the High Court of Delhi through the learned bench led by Justice Manmohan in the case of Satya Prakash Singh v. Central Reserve Police Force (Crpf) & Ors. (W.P. (C) 12632/2021 & C.M.No.39748/20...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.12632 2021 & C.M.No.39748 2021 SATYA PRAKASH SINGH Through: Mr.Shiv Gaur with Mr.Ajay Pratap .....Petitioner CENTRAL RESERVE POLICE FORCE& ORS. Through: Mr.Rajesh Gogna CGSC. Date of Decision: 11th November 2021 HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE AMIT BANSAL JUD...
An appeal U/S.38 of Delhi Rent Control Act is not maintainable against an order of dismissal passed under Order IX Rule 13 CPC: High Court of Delhi
The application of the petitioner, though titled as one filed under Order IX Rule 13 of the Code, was one U/S 25B(9) of the Act and therefore, in terms of Section(s) 25A and 25B of the Act, any order passed thereon shall not be appealable under S.38 of the Act. The only remedy for the petitioner would be under S.25B(8)...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 26.02.2021 Date of decision: 22.04.2021 CM(M) 558 2020 & CM APPL. 28639 2020 BATA INDIA LIMITED Petitioner Through: Mr.Sanjeev Sindhwani Sr.Adv. with Mr.T.K.Ganjoo Adv. SMT. SARLA SHARMATHROUGH LRS AND ORS Respondents Through: Mr.Sandeep Sethi Sr. Adv. with Mr.Asif A...
Disclosure of Personal Information is exempted under RTI Act
The Hon’ble High Court of Delhi in Dr. RS Gupta V. GNTCD [LPA 207/2020], held that absence of any larger public interest, disclosure of personal information is exempted under the Right to Information (RTI) Act, as the same will be unwarranted invasion of privacy under Section 8(1)(j) of the Act . The division bench of...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17.08.2020 Pronounced on: 31.08.2020 LPA 207 2020 DR. R. S. GUPTA .....Appellant Through: Appellant in person. Through: Mr.Gautam Narayan ASC GNCTD) with Ms.Dacchita Shahi Advocate for respondent Nos.1 to 5. Mr.Parvinder Chauhan Mr.Nitin Jain Advocates for respondent...
Allegations against noticee for  unfair trade practices disposed of due to absence of trade log – THE SECURITY AND EXCHANGE BOARD OF INDIA
Allegations against noticee for  unfair trade practices disposed of due to absence of trade log – THE SECURITY AND EXCHANGE BOARD OF INDIA The SEBI conducted an investigation into the trading of K. Sera Sera Production Ltd. And observed violation of SEBI regulations, 2003 by certain employees and one such employee was ...
BEFORE THE ADJUDICATING OFFICER SECURITIES AND EXCHANGE BOARD OF INDIA ADJUDICATION ORDER NO. Order SM DD 2021 22 15035] UNDER SECTION 15 I OF SECURITIES AND EXCHANGE BOARD OF INDIA ACT 1992 READ WITH RULE 5 OF SEBI RULES In respect of: Mr. Sunil Kumar Purohit PAN AHSPP9704F] In the matter of K. Sera Sera Production Li...
Decree or order obtained by playing fraud on the court, tribunal or authority is a nullity in the eye of the law: High Court of Delhi
Decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and non est in the eye of the law. Such a judgment, decree or order by the first court or by the final court has to be treated as nullity by every court, superior or inferior. It can be challenged in any court, at any time, in ap...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 3rd February 2022 EX.F.A. 5 2019 & CM APPL.10276 2019 NARESH KHER Appellant Through: Mr. Anunaya Mehta & Mr. Vinayak Thakur Advocates. S JAGJIT SINGH & ORS. Respondents Through: Mr. Rajat Aneja and Ms. Sagrika Wadhwa Advocates for R 1. Mr. Ujjwal Jha & Mr. Rohan...
There will be no difference in male or female while considering the anticipatory bail: High Court of Shimla
The accused whether it is a male or female, they have to furnish all conditions and furnish personal bond for having anticipatory bail. This honorable judgement was passed in the case of Ganga Devi Versus State of Himachal Pradesh [Cr.MP(M) No.348 of 2021] by The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. The petition...
Hig h C o urt of H.P on 05 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.3421 Decided on: 05.04.2021 Ganga Devi .…Petitioner. Versus State of Himachal Pradesh …Respondent. Coram The Hon’ble Mr. Justice Ajay Mohan Goel Judge. Whether approved for reporting 1 No For the petitioner : Mr. Subhash Chande...
The employer is required to take a decision while considering various aspects before arriving at a conclusion that the employee was unfit for the post: Chhattisgarh High Court
The employer is required to take a decision while considering various aspects before arriving at a conclusion that the employee was unfit for the post has been upheld by the High Court of Chhattisgarh through a single bench led by HON’BLE SHRI JUSTICE SANJAY S. AGARWAL in the case of Chandrika Prasad Patel v. Chhattisg...
1AFRHIGH COURT OF CHHATTISGARH BILASPUR WPS No. 37513Reserved on 13.01.2022Pronounced on 31.01.2022Chandrika Prasad Patel S o Ganpat Lal Patel aged about 32 years resident of village Pandripani P.O. Godhi P.S. Pandripani Korba District KorbaPetitioner Versus 1.Chhattisgarh State Power Holding Company Limited through t...
Section 10 and 11 of the DTVSV Act is not to be independent of directions: Bombay High Court
When the circulars are issued exercising powers under sections 10 and 11 of DTVSV Act, directions are supposed to aid and smoothen bringing into operation provisions and execution of the actions based thereon. A division bench of SUNIL P. DESHMUKH & ABHAY AHUJA, JJ., while adjudicating the matter in Chandrakant Nar...
on 02 07 2021 on 22 03 19. WP(L) 5956 2021.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITIONNO.5956 OF 2021Chandrakant Narayan Patkar .PetitionerCharitable Trust Through its Trustee Vikas Patkar having office at 1st floor Patkar TrustBuilding Narayan Patkar Road Dombivali1(...
Request to rejoin service after voluntary retirement is not an absolute right : Delhi High Court
Right to withdraw a request is not absolute or unconditional. The Delhi High Court Bench consisting of J. Rajiv Sahai Endlaw and J. Asha Menon, decided upon the matter of Mandeep Singh v. Union of India [W.P. (C) 8937/2020], wherein an ex service prayed to be allowed back into the service after voluntary retirement. Th...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.8937 2020 Date of decision: 18th December 2020 MANDEEP SINGH Through: Mr. Ankur Chhibber Adv. Petitioner UNION OF INDIA & ORS. Through: Mr. Ruchir Mishra & Mr. Mukesh Respondents Versus Kumar Tiwari Advs. HON BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON BLE MS. JUSTICE ASHA MENON ...
A worker who was removed from service illegally is entitled to 100% of the back wages: High Court of Orissa
In cases where a workman is suspended from service illegally, he is entitled to gain 100% of the back wages he was owed for the time period he was kept out of service by his employer. The issue of back wages was addressed in the judgement passed by a bench of the High Court of Orissa consisting of Justice S.K Panigrahi...
ORISSA HIGH COURT CUTTACK W.P.(C) No.61517 In the matter of an application under Articles 226 and 227 of Constitution of India) Sun Pharmaceutical Industries Ltd. … Petitioner Versus … Opposite Parties Shri Sourya Sundar Das Senior Advocate along with M s. S.K. Mohanty J. Mohanty S.K. Mohanty and S. Modi Shri Jagannath...
Presumptions based on Reasonable doubt not sufficient to establish Guilt: Delhi High Court
Presumptions solely based on reasonable doubts are not sufficient to establish guilt of the accused. Relevant material evidences must be provided for establishing guilt of a person and benefits of reasonable doubts must not be used to implicate for solving the case. This assertion was made on behalf of the Delhi High C...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 07th December 2020 Pronounced on: 14th January 2021 ARVIND alias BODY GUARD Through: Mr. Anuj Kapoor Adv. ..... Appellant Through: Mr. Izhar Ahmad APP for State ..... Respondent HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT The hearing has been conducted through vi...
Test for discontinuing with lookout circular opened against a party is that he neither deliberately evades arrest nor fails to appear before Court: High Court of Delhi
The test laid down by the Court for discontinuing with LOC opened against a party is that he neither deliberately evades arrest nor fails to appear before the Trial Court despite the non-bailable warrants nor has any coercive action been taken against him. These were stated by High Court of Delhi through the learned be...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 7th January 2022 Decided on: 28th January 2022 W.P.(CRL) 249 2019 SHRI SATHISH BABU SANA Petitioner Represented by: Mr.Siddharth Aggarwal Sr.Advocate with Ms.Stuti Gujral Mr.Sahil Ghai Ms.Rudrali Patil and Mr.Sheikh Bakhtiyar Advocates. CENTRAL BUREAU OF INVESTIGATIO...
Extra Judicial Confessions should be proved like any other facts and in accordance with the law. : Orissa High Court
When the prosecution heavily relies on a purported extrajudicial confession given by the defendant:  (i) An extrajudicial confession is insufficient proof on its own. The court must study it with extra attention and caution.  (ii) It should be given voluntarily and truthfully.  (iii) It should instil trust.  (iv) If an...
Dama Pradhani vs State Of Orissa on 12 April 2021 Orissa High Court Dama Pradhani vs State Of Orissa on 12 April 2021 HIGH COURT OF ORISSA: CUTTACK CRLA No.311 Balangir at Patnagarh in Sessions Case No.80 309 Dama Pradhani ... Appellant Versus State of Orissa ... Respondent For Appellant :M s. B.S. Das D. Marandi L.C. ...
Sole Arbitrator Cannot Be Appointed Solely By One Party: High Court Of New Delhi
The petitioner had filed the present petition under the provisions of Section 15 of the Arbitration and Conciliation Act, 1996 seeking substitution of appointed sole Arbitrator, and the same issue was held in the judgement passed by a Single bench judge HON’BLE MR. JUSTICE SURESH KUMAR KAIT, in the matter GIRDHAR IMPEX...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11.11.2021 O.M.P.(COMM.) 95 2021 GIRDHAR IMPEX LIMITED Petitioner Through Mr. Farrukh Khan and Mr. Pradeep Singh Jassal Advs. A AND A AUTOMOBILES PVT LTD Through Mr. Shashank Aggarwal Adv. Respondent HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT For adjudicati...
Appointment could not be denied on the ground that other dependents of the deceased person who died in harness was already in employment.: Manipur High Court
It is settled that in all claims for appointment on compassionate grounds, there should not be any delay in appointment as upheld by the High Court of Manipur through the learned bench led by Justice M.V. Muralidaran in the case of Shri W. Jico Singh v. The State of Manipur (W.P.(C) No.611 of 2019) The facts of the cas...
IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P.(C) No.6119 Through Video Conference) Shri W. Jico Singh aged about 37 years S o W. Tikendrakumar of Chingamakha Irom Leikai Imphal West . Petitioner s Versus 1. The State of Manipur represented by Additional Chief Election) Commissioner Secretary Principal Secretary Govt. of...
Anticipatory bail can be granted in case of Sec-304 B IPC to the parents of the husband if they live separately from the deceased: Patna High Court
Where there is an apprehension of arrest under the allegation of dowry death under Sec-304 B of  IPC upon the parents of the husband can they be granted bail under sec-438 of CRPC? A single-judge bench comprising of Justice Ahsanuddin Amanullah adjudicating in the matter of Mira Devi vs. The State of Bihar (CRIMINAL MI...
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 346420 Arising Out of PS Case No. 176 Year 2020 Thana RAXAUL District East Champaran 1. Mira Devi @ Meera Devi Wife of Om Prakash Sah @ Om Prakash Prasad Resident of Village Kanana P.S. Raxaul District East Champaran 2. Om Prakash Sah @ Om Prakash Pras...
Complainant failed to establish the deficiency in service on the part of the Opposite Party: Karnataka State Consumer Disputes Redressal Commission
The appellant did not clarify how much he owes on his credit card for the other transactions and did not produce any documents before the District Commission to show that the Opposite Party deducted EMIs even after the transaction was cancelled. Thus, no deficiency on the part of OP could be established. This was obser...
KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN BANGALORE First Appeal No. A 1484 2019 Date of Filing : 30 Oct 2019 Arisen out of Order Dated 24 07 2017 in Case No. CC 1289 2015 of District Bangalore 3rd 1. Anwar Ahmed Azmi Major S o Akhlaque Ahmed(Late) No.1 1st floor 7th cross K.K.Lane Behind Sha...
When Accused a History-Sheeter it is important to scrutinize every aspect and not capriciously release on bail: Supreme Court
While hearing a criminal appeal on the decision of the High Court which granted bail to an Accused history-sheeter, the Supreme court held that in such cases, every aspect is to be scrutinized and the potential threat to witnesses and likelihood of repetition of offense is to be kept in mind. This Judgment was passed i...
IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 448 OF 2021 SPECIAL LEAVE PETITIONNO. 3577 0F 2020 SUDHA SINGH … APPELLANT(S THE STATE OF UTTAR PRADESH & ANR. …RESPONDENT(S JUDGMENT This is a criminal appeal filed against the order of the Allahabad High Court granting bail to the accused who has been arreste...
A Consortium can be disqualified only where winding up or insolvency proceedings are pending against a member of Consortium in terms of Para 13.2(j) of Preliminary Information Memorandum: High Court of Delhi
As per the Para 13.2(j) of Preliminary Information Memorandum (PIM), only where winding up or insolvency proceedings or other proceedings of similar nature are pending against a member of Consortium (i.e. IB) and/or Affiliate (only in case where a member of Consortium was taking benefit of financial strength of such Af...
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6th January 2022 W.P.(C) 15240 2021 & CM APPL. 47969 2021DR SUBRAMANIAN SWAMY Through: Dr. Subramanian Swamy Petitioner in Person with Ms. Ramni Taneja Mr. Satya Sabharwal and Mr. Vishesh Kanodia Advocates ..... Petitioner UNION OF INDIA & ORS. ..... Respondents...
All material details to be fully disclosed before the court: Bombay High Court
The disclosure of all facts which play an important role in securing justice in a case must be revealed before the court and not facts which are a half-truth with the intent of subverting the administration of justice. This was decreed by Hon’ble Justice Rohit B. Deo in the case of Shubham @ Bhaiyyalal vs. State of Mah...
on 17 07 2021 on 18 07 1 wp393.2021IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH NAGPURCRIMINAL WRIT PETITION 393 OF 2021Shubham @ Bhaiyyalal s o. Siddi Soni aged 22 yrs Occ. Student r o. House No. 34 Behind Amjadi Masjid Mahesh Nagar Shanti Nagar Nagpur ...... PETITIONER...V E R S U S...State of Maharashtra t...
When a Civil dispute is found between two private parties, it is proper to approach the appropriate forum in accordance with law: Calcutta High Court
A direction was issued to conclude the investigation and a report was submitted before the jurisdictional Court within a time-bound period. Such an opinion was held by The Hon’ble High Court of Calcutta before The Hon’ble Mr. Chief Justice Prakash Shrivastava and The Hon’ble Mr. Justice Rajarshi Bharadwaj in the matter...
Pronounced on: 16.11.2021 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Appellate Side) MAT 8621 IA CAN 1 2021 Reserved on: 10.11.2021 Vs Dinesh Agarwal Present: State of West Bengal & Ors. ...Respondents Mr. Dinesh Agarwal ... Appellant in person. Mr. Suvadip Bhattacharjee Mr. Balaram Patra Advocates for ...
Mumthas C V/S Tahsildar
In Principal-Agent relationship, a responsibility is imposed on the Principal on the acts of Agent. The responsibility is based on common law principle “respondeat superior” (“let the master answer”). Petitioners 1 and 2, who are Primary Departmental Teachers working in Ugrapuram and Manjeri in Malappuram District, hav...
IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY THE 11TH DAY OF FEBRUARY 2021 22ND MAGHA 1942 WP(C).No.32296 OF 2016(J MUMTHAS C AGED 52 YEARS PD TEACHER ALP SCHOOL VADAKKUMMURI W O.AHAMMEDKUTTY HABEEBA MANZIL UGRAPURAM P.O. ARECODEERNAD TALUK MALAPPURAM DISTRICT BINDU ELLARTHODI ...
The Father shall not be considered to be a dependent till he has a source of income.: Allahabad High Court
Father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependen...
Case : FIRST APPEAL FROM ORDER No. 4406 Appellant : Karan Singh Respondent : Mandaliya Prabandhak National Insurance Co. Ltd Counsel for Appellant : N.D. Shukla Counsel for Respondent : Jitendra Kumar Mangla Prasad Rai R.P. Ram S.M.Upadhyay Shyam Murari Upadhyay Smt Archana Singh Sudhir Dixit Hon ble Subhash Chandra Sh...
It Is Settled Law That Terms of The Insurance Policy Shall Governed the Contract Between the Parties: Karnataka State Consumer Disputes Redressal Commission
The contract’s conditions must be strictly followed and given natural meaning. Once a policy has been specifically excluded, it cannot be reinstated under any situation. However, the Complainant was found to have not followed the definition provided. This was observed in the matter of MD & CEO ING Vysya Life Insura...
KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN BANGALORE First Appeal No. A 641 2017 Date of Filing : 13 Mar 2017 Arisen out of Order Dated 10 02 2017 in Case No. CC 514 2015 of District Bangalore 2nd 1. MD & CEO ING Vysya Life Insurance Co Ltd ING Vysya House 5th Floor No.2 M.G.Road Bangalore 560...
Criminal Petition seeking the petitioner to be enlarged on Bail for the offence of theft, rejected by the court: Karnataka High Court
The criminal petition is filed under section 438 ( special powers of high court Or court of session regarding bail) of Cr.P.C seeking for the enlargement on bail for the offence punishable under section 379 ( punishment for theft)of IPC. And the petition was rejected by the High court of karnataka in the case of Honnap...
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2022 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.485 2022 BETWEEN: 1. HONNAPPA DURGAPPA MALAGI @ RAVI 2. RAMESH S O DURGAPPA MALAGI AGED ABOUT 26 YEARS R AT NO.256 9TH CROSS NARASIPURA LAYOUT VIDYARANYA PURA BENGALURU 560097. N...
A miner is only required to pay royalty on the quantity he removed even if the MoU is silent on the matter: High Court of Uttarakhand
The state cannot make a miner pay royalty on quantity of minerals that he did not remove from the mine, irrespective of whether it is explicitly mentioned in the memorandum of understanding or not. This was held in the judgement passed by a two member bench of the High Court of Uttarakhand consisting of Justice Raghven...
IN THE HIGH COURT OF UTTARAKHAND THE HON’BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA SPECIAL APPEAL NO. 225 OF 2021 26TH JULY 2021 M s Jai Bhawani Stone Crusher State of Uttarakhand & others Counsel for the Petitioner Mr. Rakesh Thapliyal learned Counsel for t...
No Court can grant any extension of limitation against the provisions of the act: High Court of Chhattisgarh
Any extension cannot be granted by the court beyond the time period mentioned as a limitation in the enactment. This is to ensure that the cases do not get piled on and an justice is delivered efficiently. This was decreed by the Hon’ble Justice Shri Rajendra Chandra Singh Samant in the case of Prakash Corporates Vs. D...
1AFRHIGH COURT OF CHHATTISGARH BILASPUR W.P.(227) No. 3121Prakash Corporates T 16 Raheja Tower Fafadih Raipur 492001Chhattisgarh Through Its Partner Namely Shri Shailesh Kumar GoyalS o Shri Bhimsen Goyal Aged About 37 Years T 16 Raheja Tower Fafadih Raipur District Raipur ChhattisgarhPetitionerVersus Dee Vee Projects...
On purchase of shares from any other co-sharers make person co-sharer over the same property: High Court of Shimla
Objectors have purchased shares in the suit land from other co-sharers and, therefore, have themselves become co-shares over the suit land. This honorable judgement was passed by High Court of Shimla in the case of Sh. Parveen Kumar & ors. Versus Smt. Fikki & ors. [CMPMO No. 342 of 2014] by Ms. Justice Jyotsna ...
Hig h C o urt of H.P on 22 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CMPMO No. 3414Reserved on: 19.4.2021 Decided on: 22.04.2021Sh. Parveen Kumar & ors........Petitioners.VersusSmt. Fikki & ors. .....Respondents.CoramMs. Justice Jyotsna Rewal Dua Judge. Whether approved for reporting 1 For the petitioners:...
Though unauthorized illegal construction is becoming rampant it cannot be countenanced : Delhi High Court
A party that does not approach the Court with clean hands and files a petition with ulterior motives will not be permitted to invoke the extra ordinary Writ jurisdiction of the court. This was held in the judgment passed by a single judge bench comprising Hon’ble Mr Justice Sanjeev Sachdeva, in the matter of Pawan Kuma...
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 27th September 2021 W.P.(C) 10933 2021 PAWAN KUMAR SARASWAT Petitioner Respondents NORTH DELHI MUNICIPAL CORPORATION & ORS. Advocates who appeared in this case: For the Petitioner : Mr. Pran Nath Dhar alongiwth Mr. Shivesh P. Singh Advocate For the Responde...
Mohan Lal & Anr. V/s. Grain Chamber Ltd., Muzaffarnagar & Ors.
A Company can always restart the business with the assets it possessed and prosecute the objects for which it was incorporated The Grain Chamber Ltd., Muzaffarnagar, was a Company registered under the Indian Companies Act, 1913 formed for the purpose of carrying on business of an exchange in grains, cotton, sugar, gur...
GRAIN CHAMBER LTD. MUZAFFARNAGAR & ORS MOHAN LAL & ANR Vs DATE OF JUDGMENT SHAH J.C SHAH J.C SIKRI S.M 1968 AIR 772 1968 SCR 252 CITATOR INFO RF 1976 SC 565 Prohibition Order 1949 Notification making order applicable to gur Company settling outstanding contracts in "futures" in gur at rate prevailing on the day previo...
Amount recoverable from accused person cannot be seized from his parents: High Court of Jammu and Kashmir
When a person is accused of misappropriation of funds, the police may be authorised to recover the amount from him during the criminal investigation. However this amount can only be recovered from the accused himself and not his parents or relatives. This was held in the judgement passed by a bench consisting of Justic...
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CRM(M) No. 161 2021 CrlM No. 537 2021 Reserved on: 01.06.2021 Pronounced on: 14.06.2021 Sheikh Mohammad Aslam & Anr. Through: Mr Shuaj Ul Haq Advocate. UT of JK th. Senior Superintendent of Police Crime Branch. Through: Mr Mohsin Qadri Senior Advocate with Ms Jasia Ali Advoca...
Divorce recognized by custom in Hindu law can be upheld by the Court if it is not opposed to the public policy: High Court of Delhi
A Hindu marriage may now be dissolved either under section 13 of the Act or under any special enactment or in accordance with any custom applicable to the parties. This was held in the case of Prahlad Singh v. Seema, [MAT.APP. (F.C.) 45/2021 & CM APPLs], 10784-85/2021 by Hon’ble Justice Vipin Sanghi in the High Cou...
IN THE HIGH COURT OF DELHI AT NEW DELHI MAT.APP.45 2021 & CM APPLs. 10784 85 2021 SH. PRAHLAD SINGH Through: Mr. Paramjeet Singh Adv. Appellant Date of Decision: 19.03.2021 SMT. SEEMA @ VIDHYA Through: None. Respondent HON’BLE MR. JUSTICE VIPIN SANGHI HON BLE MS. JUSTICE REKHA PALLI REKHA PALLI JThe present appeal assa...
Court allows the revision petition in order to protect the accused from being falsely accused leading to miscarriage of justice: Karnataka High Court
The criminal revision petition is filed under section 397 ( speaks about calling for records to exercise powers of revision) with 401( High court’s power of revision) of CRPC by the Accused to set aside the judgement and order of conviction on 17/07/2019 by the principal civil judge and judicial magistrate first class ...
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF DECEMBER 2021 THE HON BLE MR. JUSTICE V. SRISHANANDA CRIMINAL REVISION PETITION NO.1395 2021 1 . CHIRANJEEVI S O RAMAKRISHNA AGED ABOUT 29 YEARS OCC : LABOURER R O CHANNAKESHAVAPURAM YARAGUNTLU DHARMAVARAM ANANTHAPURA ANDRA PRADESH 515 671 2 . G. I...
In the absence of any agreement between the parties, the sole arbitrator has the absolute authority to decide on whether to allow evidence in a particular case or not: Delhi High Court
In the absence of any agreement between the parties, the sole arbitrator has the absolute authority to decide on whether to allow evidence in a particular case or to proceed with the adjudication of the matter on the basis of documents and other materials as held by the High Court of Delhi through the learned bench led...
CM(M) 958 2021 and CM No.959 2021 AMIT BANSAL J.VIA VIDEO CONFERENCING] HON BLE MR. JUSTICE AMIT BANSAL B. R. SUKALE CONSTRUCTION Through Mr. Ankur Gupta Advocate. Respondent Agarwal and Mr. Akshat Goel Through Mr. Amit Meharia Mr. Abinash Petitioner CONSULTANTS INDIA LIMITED TELECOMMUNICATION CM(M) 959 2021 B. R. SUKA...
Available civil remedy cannot be a ground to quash criminal proceedings. : Jharkhand High Court
A civil wrong is also a criminal offence, and the mere availability of a civil remedy for the complainant cannot be used to quash a criminal proceeding. The real test is whether or not the allegations in the complaint reveal a criminal offence of cheating, which was used by Justice Anubha Rawat Choudhary of the Jharkha...
Shasank Gupta vs State Of Jharkhand on 15 March 2021 Jharkhand High Court Shasank Gupta vs State Of Jharkhand on 15 March 2021 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 10908 1. Shasank Gupta S o Sri Ashok Kr Gupta resident of Mithu Road Bank More PO PS & District Dhanbad 2. Jagjot Singh S o Inder Singh ...
Petitioner was released on bail as he was arrested under Sections 406, 420 of the Indian Penal Code and 138 of the Negotiable Instruments Act, 1881: High court of Patna.
The petitioner was arrested under Sections 406 Indian penal code, “Punishment for criminal breach of trust”, section  420 IPC, “Cheating and dishonestly inducing delivery of property” and 138 of the Negotiable Instruments Act, 1881 “Dishonour of a cheque for insufficiency, etc., of funds in the account”. This is in con...
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 345420 Arising Out of PS. Case No. 153 Year 2020 Thana BRAHMPUR District Buxar Raj Kishor Vidyarthi Male aged about 32 years Son of Late Sidheshwar Thakur Resident of Village Hundari PS Hilsa District Nalanda The State of Bihar ... Petitioner s ... Opp...
High Court under Section 439 of Cr.P.C can cancel erroneously granted default bail : Supreme Court
Any default bail granted after the usual expiration of 180 days by a High Court under section Section 167 (2) Cr.P.C, by error can be cancelled by it later under section 439. This remarkable judgement was passed by the bench consisting of Justice Ashok Bhushan, Justice R. Subhash Reddy and Justice M.R Shah of the Supre...
IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.8020 arising out of SLPNo.1452 2019 ...APPELLANT(S) THE INTELLIGENCE OFFICER D.R.I. BANGALORE ...RESPONDENT(S CRIMINAL APPEAL NO.8020 arising out of SLPNo.1820 2019 ...APPELLANT(S THE INTELLIGENCE OFFICER D.R.I. BANGALORE ...RESPONDENT(S CRIMINAL APPEAL NO.8020 ...
Claims of Coercion must be substantiated with evidence causing such prejudice: Delhi High Court
The violation alleged would not be grounds for seeking interference of Courts unless it is clearly demonstrated that such violation caused prejudice to the person claiming such a ground. This was held by the two-judge bench comprising of Hon’ble Justice Rajiv Sahai Endlaw and Hon’ble Justice Amit Bansal in the case of ...
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7885 2021 Date of decision: 6th August 2021 DEEPAK CHAUDHARY Through: Mr. Abhay Kumar Bhargava Adv. Petitioner UNION OF INDIA & ORS. Respondents Through: Ms. Shruti Shivkumar Adv. on behalf of Mr. Ravi Prakash & Mr. Syed Hussain Adil Taqvi Advs. HON BLE MR. JUSTICE RAJIV...
S.147 of the Motors Vehicles Act, 1988 covers death or bodily injury to even gratuitous passenger: Karnataka High Court
Section 147 of the MV Act, 1988 ensures that an Insurance Policy covering Third-party risk is not required to exclude gratuitous passengers in a vehicle irrespective of the vehicle’s type or class. This judgment was passed in the case of New India Assurance Co. Ltd. vs. Smt. Kamalamma [M.F.A.No.1139/2011] by a Single B...
REPORTABLE IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3894 OF 2020 THE STATE OF RAJASTHAN & ORS. Appellant(s LOVE KUSH MEENA Respondent(s JUDGMENT SANJAY KISHAN KAUL J The moot point which arises for consideration is whether a benefit of doubt resulting in acquittal of the respondent in a case charged under S...
Section 86(1)(f) vests a statutory jurisdiction: Supreme court of India
The appellant cannot raise an objection relying on Section 86(1)(f) of the 2003 Act and Section 86(1)(f) vests a statutory jurisdiction with the State Electricity Commission to adjudicate upon disputes between licensees and generating companies and to refer any dispute for arbitration. This judgement was passed by the ...
Reportable IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No 10521 Arising out of SLP(C) No 57517) Chief General ManagerM P Power Trading Co Ltd & Anr Appellant(s) Narmada Equipments Pvt Ltd JUDGMENT Dr Dhananjaya Y Chandrachud J Leave granted. This appeal arises from a judgment and order of a learned Single Judge of...
Since the petitioner’s case is already under consideration, no further direction needs to be issued: High Court of Uttarakhand.
The case of the petitioner was already under consideration for promotion., hence the court found it fit to not issue any direction. A divisional Bench comprising Hon’ble Justice Sri Raghvendra Singh Chauhan and Justice Alok Kumar Verma, in the matter of Dr. Alok Kumar Srivastava Vs. Uttarakhand Ayurved University and o...
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA WRIT PETITIONNo. 2721 05th AUGUST 2021 Between: Dr. Alok Kumar Srivastava. and Uttarakhand Ayurved University and others. …Respondents Counsel for the petitioner. Mr. P.K....
Family Court has the authority to appoint a guardian for the minor: Ernakulam High Court: Ernakulam High Court
There is a distinction between jurisdiction of district courts and family courts when it comes to appointment of a guardian for the minor’s property or the minor. Only the Family Court has the authority to appoint a guardian for the minor, the district courts have no authority to do so but they can appoint a guardian f...
IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY THE 22ND DAY OF DECEMBER 2021 1ST POUSHA 1943 AGAINST THE ORDER JUDGMENT IN OPGW 1139 2017 OF VI ADDITIONAL MFA NO. 150 OF 2021 DISTRICT COURT ERNAKULAM K.S.NARAYANA ELAYATHU AGED 45...
Pension will not be calculated on the basis of years of practice: High Court Of New Delhi
Do’s 10 years of practice is necessary for calculating the pension in addition to qualifying service of the applicant as Member Judicial of the Railway Claims Tribunal for pension and also the same was held in the judgement passed by a single bench judge comprising HON’BLE SRI JUSTICE  V. KAMESWAR RAO, in the matter, A...
% IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 04 2021 W.P.(C) 1201 2021 AJIT KUMAR PANDE EX MEMBERRCT Petitioner In person UNION OF INDIA THROUGH: CHAIRMAN RAILWAY BOARD Through: Mr. Jagjit Singh Sr. Panel Respondent Counsel with Mr. Preet Singh Mr. Vipin Chaudhary & Ms. Rashmi Malhotra Advs. HON...
Writ petition challenging the order of penalty of removal of service dismissed on less merit- Jharkhand high court
Writ petition challenging the order of penalty of removal of service dismissed on less merit- Jharkhand high court An instant writ petition was filed by the petitioner challenging the order of penalty of removal of service of petitioner from the post of Circle Head, Punjab National Bank, Mumbai City and disqualificatio...
W. P.No. 3326 of 2020 IN THE HIGH COURT OF JHARKHAND AT RANCHI Sanjay Kumar Prasad Punjab National Bank Head Office at Plot No.4 Sector 10 Dwarka New Delhi 110075. Versus … Petitioner ..... 2. Managing Director cum Chief Executive Officer Punjab National Bank .…. … Respondents Head Office 1st Floor B. Wing Sector 10 D...
Court granted bail to the petitioner after 46 days of custody who was held in the possession of MDMA : High Court of Kerala
Petitioner was granted bail after 46 days of custody as the continued detention is not necessary for the purpose of investigation and no criminal antecedents are reported against the petitioner subjected to certain conditions upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINAT...
IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P FRIDAY THE 18TH DAY OF MARCH 2022 27TH PHALGUNA 1943 BAIL APPL. NO. 1618 OF 2022 CRIME NO.120 2022 OF THONDERANADU POLICE STATION WAYANAD SHIHABUDHEEN AGED 30 YEARS SH HOUSE PAYYANNUR KANKOL PAYYANNUR KANNUR DISTRICT PIN 670307 ABRAHAM GEORG...
The Court relied on Prima Facie of the offense and dismissed the petition and hence held it as not maintainable under Court of Law: High Court Of Patna
The Petitioner was alleged of mixing the drinks with the alcohol beyond the prescribed limit. The Court denied the petition and held it as not maintainable under the court of law. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Aniket Singh v. The State of Bihar[Criminal Miscellane...
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 376820 Arising Out of PS. Case No. 354 Year 2020 Thana SHERGHATI District Gaya Aniket Singh aged about 28 years Male the Owner of Hotel Welcome Son of Sanjay Singh Resident of Gola Bazar Sherghati PS Sherghati District The State of Bihar ... Petitioner...
Affair not discharging the promise of marriage cannot be held as misrepresentation: Supreme Court of India
Supreme Court acquitted the accused in the matter concerning whether failure to marry proves that the appellant never intended to marry and had fraudulently misrepresented to gain sexual favours held by Justice Navin Sinha in the case of Maheshwar Tigga Vs State of Jharkhand [Criminal Appeal no 635 of 2020 (Arising out...
The prosecutrix PW9 lodged FIR No. 25 of 1999 on 13.04.1999 alleging that four years ago the appellant had promising to marry her and on that pretext continued to established physical relations with her. Five days prior to the lodging of the F.I.R the appellant had established physical The Additional Judicial Commissio...
Sentence can be suspended by the Appellate court depending upon the facts and circumstances of each case: High court of Manipur
The sentence imposed under the  ND&PS Act can be suspended, subject to conditions as per Section 37 of the ND&PS Act, and taking away the right of suspension, remission, or commutation of such sentences would be unconstitutional. A single bench comprising of Justice M.V. MURALIDARAN adjudicating in the matter o...
IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(Cril.Appeal) No.119 in Criminal Appeal No.219 Md. Sahabuddin@Md. Shahbuddin aged about 41 years S o Md. Nizamuddin resident of LilongTairelMakhong P.O. P.S. Lilong 79513 Thoubal District Manipur. . Applicant s Versus …. Respondent s State of Manipur HON’BLE MR. JUSTICE M.V. MU...
The accused charged of abetting the offence of suicide should be found guilty : Jammu High Court
If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society, then the accused has the right to acquitted. This was held in the judgment passed by a single judge bench comprising of HON’BLE MRS. JUSTICE SIND...
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU State of J&K V s Ram Parkash & ors. Through: Mr. Arshad Majid Malik Dy.A.G CRAA No. 10 2006 Pronounced on : 12 .06.2020 …. Appellant(s) with Ms. Monika Thakur Assisting Through: Mr. Jagpaal Singh Advocate. Coram : HON’BLE MS. JUSTICE SINDHU SHARMA JUDGE This appeal is filed agai...
Shiksha Karmi is not a Government post: Chhattisgarh High Court
Shiksha Karmis are not holders of the civil post, therefore they cannot be treated as government servants. Government post has been upheld by the High Court of Chhattisgarh through a single bench led by HON’BLE SHRI JUSTICE SANJAY S. AGARWAL in the case of Smt. Sweta Singh v. State  of Chhattisgarh (Writ Petition No. 6...
1AFRHIGH COURT OF CHHATTISGARH BILASPURWrit PetitionNo.68221Smt.Sweta Singh aged about 35 years wife of Shri BasantPratap Singh occupation Service ­­­­ Petitioner Versus 1.State of Chhattisgarh through the Secretary Department ofSchool Education New Mantralaya Mahanadi Bhawan NewRaipur2.The Secretary Department of Gene...
Personal displeasure expressed by few theatre owners in their personal capacity cannot be grounds to impute anti-competitive behavior on the part of the answering association: Competition Commission of India
The Informant had alleged contravention of Section 3 of the Competition by the Tamil Nadu Theatre and Multiplex Owners Association (TNTMOA). His complaint was based on media reports, and vague allegations without solid reasons. Moreover, he was found to be a random party with no direct relation to the Theatre Industry,...
In Re: C Prabhu Daniel 3 1st Main Road Seethammal Extension Chennai — 18 COMPETITION COMMISSION OF INDIA Case No. 021 Opposite Party M s Tamil Nadu Theatre and Multiplex Owners Door No. 9A 3 Radhakrishnan Street Chennai — 600017 CORAM Mr. Ashok Kumar Gupta Ms. Sangeeta Verma Mr. Bhagwant Singh Bishnoi Order under Secti...
Writ petition not maintainable for a contract breach when an alternative civil redress is available: Calcutta High Court
In cases surrounding contractual breaches, a writ petition may only be filed in instances where there is an impediment to file an alternative civil redress. This was opined by the bench of Arindam Mukherjee J. who further stated that no writ lies or order can be issued under Article 226 of the Constitution of India to ...
WPA 1998 OF 2020 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE THE HON’BLE JUSTICE ARINDAM MUKHERJEE. W.P.A. 1998 OF 2020 MAA NANDI KESHRI RICE MILL & ANR. THE UNION OF INDIA & ORS. For the petitioners For the Respondents no. 2 3 4 5 Heard on Judgement on Arindam Mukherjee J.: Mr. Prati...
Fundamental Right To Reside Anywhere In/Move Throughout The Country Cannot Be Denied On Flimsy Grounds: Supreme Court on Rahmat Khan vs Deputy Commissioner of Police
In overturning an extremist order against a journalist the Supreme Court stated that a person’s fundamental freedom to reside anywhere in the country and move freely within the government could not be denied on insufficient grounds. Section 56 of the Maharashtra Police Act deals with removing persons about to commit an...
IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 912 OF 2021 SPECIAL LEAVE PETITIONNo. 16721 Rahmat Khan @ Rammu Bismillah ...Appellant(s Deputy Commissioner of Police …Respondent(s JUDGMENT Indira Banerjee J This appeal is against a final judgment and order dated 29th January 2021 passed by the Nagpur Bench ...
“Good consideration” is not prohibited under Section 122 of the Transfer of Property Act: High Court of Tripura
It was only out of her love and affection and considering her old age and on a clear understanding of her moral duty, she transferred the suit land in favor of the plaintiff by way of gift deed. This ‘consideration’ should not in any way be termed as ‘valuable consideration’ but it should be considered as ‘good conside...
HIGH COURT OF TRIPURA RFA NO.18 OF 2018 1. Shri Mouna Brata Sarkar Son of Late Chitta Ranjan Sarkar 2. Smt. Maya Deb(Sarkar) Wife of Sri Mouna Brata Sarkar Both residents of village: Madhyapara formerly known as Basar Mia‟s Colony) PS & PO: Belonia District: South Tripura Tripura. Defendant appellants Versus 1. Shri S...
Court can set aside the trial court’s order U/S 9 Arbitration Act on the ground of perversity, when the appellant’s case is a case of admitted liability: High Court of Delhi
Section 9 of Act, 1996 should be exercised in exceptional cases when there is adequate material on record leading to a definite conclusion that the respondent is likely to render the entire arbitration proceedings infructuous or where there is an admitted liability. This was held in SAVITA JAIN SOLE PROPRIETOR OF M S N...
IN THE HIGH COURT OF DELHI AT NEW DELHI FAO62 2021 SAVITA JAIN SOLE PROPRIETOR OF M S NAVKAR SALES Appellant Through Mr. Namit Suri with Mr. Roshan Kumar Advocates. M S KRISHNA PACKAGING ..... Respondent Through Mr. Kaushal Gautam Mr. Gaurav Khetarpal Mr. Abhinav and Ms. Snehpreet Kaur Advocates Reserved on Date of De...
Soni Devrajbhai Babubhai Vs. State Of Gujarat And Ors.
 The enactment of Dowry Prohibition Act, 1961 in its original form was found inadequate which led to several other legislative measures in the continuing battle to combat this evil. [Case Brief] Soni Devrajbhai Babubhai Vs. State Of Gujarat And Ors. Case name: Soni Devrajbhai Babubhai Vs. State Of Gujarat And Ors. Case...
SONI DEVRAJBHAI BABUBHAI Vs STATE OF GUJARAT AND ORS DATE OF JUDGMENT28 08 1991 VERMA JAGDISH SARAN812 1991 SCC 298 JT 1991542 1991 SCALE Scope and object of Dowry death Death occuring prior to insertion of Section 304 B Section 304 B held prospective and consequently inapplicable It contains a substantive provision c...
The driver of the vehicle should hold a valid driving licence as on the date of the accident: High Court of Delhi.
Insurance companies generally have this clause in their Insurance policies, as per which the driver of the vehicle should hold a valid driving license as on the date of the accident. A single Judge bench comprising of Hon’ble Justice Sanjeev Sachdeva in the matter of Baksh Ram Vs. SMT. Heena And Ors. (MAC.APP. 201/2021...
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 12th July 2021 MAC.APP. 201 2021 BAKSHA RAM Appellant SMT. HEENA AND ORS. Advocates who appeared in this case: For the Appellant: Mr. Pallav Gupta Mr. Ravin Rao and Mr. Akshit Sawal Respondents For the Respondents : Mr. A.K.Soni and Mr. Pavan Kumar Vashisht...
An indirect relief cannot be chosen when a direct relief is available: High Court of Telangana
Parties cannot resort to methods which are elaborate and involve higher authorities when readily available reliefs are directly available. There cannot be a shortcut method in the justice delivery system and everyone must go through the appropriate channels and must use the reliefs available. This was decreed by Hon’bl...
IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD W.P.No.163821 Manchala Paramesh State of Telangana Rep. By its Principal Secretary Panchayat Raj Department Secretariat Hyderabad and Others. JUDGMENT PRONOUNCED ON: 22.7.2021 THE HON BLE SRI JUSTICE T.AMARNATH GOUD 1. Whether Reporters of Local newspapers may be a...
Non-disclosure of minute details of sexual offence does not absolve the accused of the offence: Bombay High Court
When a victim of a sexual offence does not give out every minute detail regarding the offence, that does not imply that the offence never occurred and this certainly does not mean that the accused is not guilty of the offence under section 376 of the IPC. This was decreed by Hon’ble Justice Revati Mohite Dere in the ca...
on 16 07 2021 on 17 07 30 Apeal 725 2019.docIN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 725 OF 2019 Farukh Abdul Raheman Shaikh Age 31 yrs Occ. Nil R o. Room No.1 Patel Chawl Indira Nagar Rani Sati Marg MaladMumbai 400 097...AppellantVersus1. The State of Maharashtra 2...
Suit for permanent injunction based on claim under Section 53-A of Transfer of Property is Maintainable- High Court of Punjab and Haryana.
Suit for permanent injunction based on claim under Section 53-A of Transfer of Property is Maintainable- High Court of Punjab and Haryana. Section 53 (A) states that where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary ...
on 14 12 RSA 988 2011 & RSA 4886 20111IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHRSA No. 9811thr. his LRs. and Ors. .....RespondentsRSA No. 48811(ii) andin the present appeal filed a suit fordeclaration of his title and for injunction claiming that the defendant berestrained from interfering in possession of...
NPA accounts cannot claim relief under recent RBI circulars and policy guidelines : Delhi High Court
Benefit of RBI circulars and policy guidelines are to be given to genuine borrowers and not those who have been defaulting since before the pandemic. The High Court Bench consisting of J. Prathiba M Singh, decided upon the matter of Amit Khaneja & Ors. v. IL & FS Financial Services Ltd. [W.P. (C) 3580/2020], an...
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23rd November 2020 Date of decision: 18th December 2020 W.P.(C) 3580 2020 & CM APPL. 12727 29 2020 21106 07 2020 AMIT KHANEJA AND ORS. Petitioners IL & FS FINANCIAL SERVICES LTD. Through: Ms. Meenakshi Arora Advocate with Mr. Vivek Jain Mr. Nirvikar Singh Mr. Manish ...
Settlement done between parties by exercising the power conferred under 15JB of SEBI ACT,1992 – the securities and exchange board of India
Settlement done between parties by exercising the power conferred under 15JB of SEBI ACT,1992 – the securities and exchange board of India Applications were filed for separate settlement in terms of the SEBI (Settlement Proceedings) Regulations, 2018 for the settlement without admitting or denying the findings of fact ...
BEFORE THE SECURITIES AND EXCHANGE BOARD OF INDIA SO EFD 2 SD 394 DEC 2021 SETTLEMENT ORDER in Settlement Applications bearing Nos. 1. 6478 2021 Mr. Akash Singhania2. 6547 2021 Mr. Ashok Kumar Singhania3. 6548 2021 Ms. Premlata Singhaniain the matter of Deutsche Mutual Fund 1. Mr. Akash Singhania Mr. Ashok Kumar Singha...
This Court finds no ground to interfere with the impugned order at the interim stage. Accordingly, the present application is dismissed: Delhi High Court
The court found no reasonable grounds for the impugned order in the interim relief period to be interfered with and therefore the Coram of Hon’ble Mr. Justice Manmohan and Hon’ble Mr. Justice Navin Chawla [FAO (COMM) 138/2021] rejected the present application. The present is an appeal petition filed to challenge the or...
IN THE HIGH COURT OF DELHI AT NEW DELHI FAO138 2021 M S GULAB OIL AND FOODPVT. LTD. Through Mr. Amit Sibal Sr. Adv. with Appellant Mr. YJ Jasani Mr. Pratik Jasani Mr. Nikhil Goel and Mr. Aniruddha Deshmukh SMT. MADHU GUPTA ..... Respondent Through Mr. Sanjeev Singh Advocate. Date of Decision: 16th September 2021 HON BL...
Section 311 CRPC – the recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection: High Court of Allahabad
Petitioner seeks a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a division bench judges Hon’ble Dr Yogendra Kumar Srivastava, J in the matter Manish v...
Court No. 85 Case : APPLICATION U S 482 No. 234221 Applicant : Manish Opposite Party : State Of U.P..And Another Counsel for Applicant : Sanjay Mishra Counsel for Opposite Party : G.A Hon ble Dr. Yogendra Kumar Srivastava J Heard Sri Sanjay Mishra learned counsel for the applicant and Ms. Sushma Soni learned Additional...