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There may be Common Factors but the Factors are Always not the Same: High Court of Shimla | No relation with the parameters taken into consideration for granting bail under Section 439 Cr.P.C. with the parameters relevant for considering bail application under Section 438 Cr.P.C., there may be common factors but the factors are always not the same.This honorable judgement was passed by High Court of Shimla in... | Hig h C o urt of H.P on 03 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CRMPM No.3221 Reserved on : 31.3.2021 Date of Decision : April 1 2021 Mangal Singh Negi ….Petitioner Versus Central Bureau of Investigation ….Respondent. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur Judge. Whether approved for reporti... |
Swaraj Abhiyan (V) V. Union of India & Others | Basic right to food and nutrition is an obligation on the part of government The Writ Petition No. 857 of 2015 was filed by the appellant regarding the problematic implementation of National Food Security Act, 2013 with the view that welfare legislation should be implemented. Initially the National Food Security Ordina... | IN THE CIVIL ORIGINAL JURISDICTION WRIT PETITIONNO. 857 OF 2015 Swaraj Abhiyan The answer to this is provided in Article 256 of our Constitution perhaps a forgotten provision which reads as follows W.P.No. 8515 “256. Obligation of States and the Union The executive power of every State shall be so exercised as to ensu... |
Unless there was any degree of penetration, no offence under Section 376 IPC can be made out: Sikkim High Court | Penetration is a key component of the offence under Section 375, which is punishable under Section 376 of the Indian Penal Code, which is completely absent in this case. Without some level of penetration, no offence under Section 376 IPC can be established. It would not bring the appellant’s crime within the four corne... | IN THE HIGH COURT OF SIKKIM : GANGTOK Criminal Appellate Jurisdiction) Crl. A. No. 318 Mikal Bhujel alias Rubeen Son of Jeewan Bhujel alias Joh Permanent Resident of ‘CG’ ‘R’ East Sikkim. State of Sikkim. … Respondent HON’BLE MR. JUSTICE JITENDRA KUMAR MAHESHWARI CJ. For the Appellant For the Respondent Date of hearing... |
Liberty of a person cannot be curtailed on baseless and unfounded allegations but is restricted by larger social interest: Tripura High Court | Materials available against the accused do not justify the deprivation of his liberty by his detention in prison but individual liberty is always restricted by a larger social interest. A single-judge bench comprising of Justice S.G. Chattopadhyay adjudicating the matter of Tapash Sarkar v. The State of Tripura(AB 42 o... | HIGH COURT OF TRIPURA AB 421 Shri. Tapash Sarkar @ Rakesh Applicant(s) The State of Tripura Respondent(s) B E F O R E HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY For ApplicantMr.K.Nath Adv. Mr. P.Roy Barman Sr. Adv. For Respondent(s) : Mr. Ratan Datta PP. O R D E R Apprehending arrest in Belonia P.S. case No. 2021 BLN 011 w... |
This Court no doubt can look in to evidence but cannot appreciate the evidence brought on record by the prosecution: High Court of Jammu & Kashmir and Ladakh | The contention of the petitioner that the petitioner is entitled to bail on ground of delay is also not sustainable in view of the fact that it is not the case where the prosecution has not led any evidence, rather the prosecution has examined number of witnesses. The aforesaid has been established by the High Court of... | HIGH COURT OF JAMMU AND KASHMIR AND LADAKH Reserved on: 28.10.2021 Pronounced on: 12.11.2021 Bail App No. 79 2021 Through : Mr. Anmol Sharma Advocate Kewal Sharma Union Territory of J&K Through : Mr. Aseem Sawhney AAG Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL JUDGE The petitioner is facing trial for commission of offenc... |
“It must be borne in mind that severe the punishment, greater has to be the care taken”: Bombay High Court | It must be borne in mind that severe the punishment, greater has to be the care taken to see that all the safeguards provided in a statute are scrupulously followed, this was emphasised in the recent case of Rajendra Radhakisan Raut v. The State of Maharashtra And Others [WRIT PETITION NO.11717 OF 2021], listed in the... | on 16 02 2022 on 17 02 1 wp11717o21IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.11717 OF 2021Rajendra s o Radhakisan Raut Age : 48 years Occupation : Advocate R o Nalwandi Tq. & Dist.Beed....PETITIONER VERSUS 1.The State of Maharashtra.Through it’s Secretary Rural Development Department... |
Decision of selection committee is final unless shown to be mala fide – Supreme Court | In the case of Anil Bhardwaj Vs High Court of Madhya Pradesh [Civil appeal no. 3419 of 2020] Supreme Court of India held that the persons who occupy Judicial Service of the State are persons who are expected to have impeccable character and conduct. The High Court of Madhya Pradesh had issued an advertisement inviting ... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).34120 Arising out of SLP(C)No.102520 THE HON’BLE HIGH COURT OF MADHYA PRADESH & ORS RESPONDENT(S JUDGMENT ASHOK BHUSHAN J This appeal has been filed questioning the Division Bench judgment dated 06.01.2020 of the High Court of Madhya Pradesh dismissing the writ pet... |
Fishing restrictions imposed under Rule 17(7) of the TN Marine Fishing Regulation Rules are not unlawful or discriminatory- Madras High Court | In such view of the matter, we do not find any violation of the constitutional provision, rather an identical issue, as raised by the petitioner was brought before the Apex Court in the case of State of Kerala (supra), wherein a challenge to the similar restriction or prohibition was not accepted even in reference to A... | W.P.No.4322 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.01.2022CORAM :THE HON BLE MR.MUNISHWAR NATH BHANDARI ACTING CHIEF JUSTICEANDTHE HON BLE MR.JUSTICE P.D.AUDIKESAVALUW.P.No.4322PoomPuhar Traditional Fishermen Welfare Associationhaving its Registered Office at1437 North Street Poombukar Kaveripattinam Kizhai... |
The compensation amount of land must be decided in accordance with the market value of the land: Orissa High Court | It was found that all the reasons to extend benefits to the present Appellants (Claimants) in the matter of determination of compensation for their acquired land. Such an opinion was held by The Hon’ble High Court of Orissa before The Hon’ble Mr. Justice D. Dash in the matter of Dukhi Shyam Rout Vs. Special Land Acquis... | IN THE HIGH COURT OF ORISSA CUTTACK LAA NO.42 OF 2012 In the matter of an appeal under section 54 of the Land Acquisition Act assailing the judgment dated 19.05.2012 passed by the learned Senior Civil Judge Bhawanipatna in L.A.R. No.709. Dukhi Shyam Routthrough his L.Rs.) :: VERSUS :: Special Land Acquisition Officer L... |
Alleged of threatening and second marriage with the informant, the petitioner was denied pre-arrest bail by the Court: High Court Of Patna | Petitioner was alleged of hiding their already existing marriage of his and had entered into a false relationship with the informant. He had also married the informant and threatened her on knowing about the truth. The Court denied the pre-arrest bail to the petitioner and said that the case may be considered for bail ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 404020 Arising Out of PS. Case No. 15 Year 2020 Thana MAHILA PS District Aurangabad Akhilesh Singh @ Akhilesh Kumar aged about 35 years Male Son of Hiranandan Singh Resident of village Yadavpur PO Pirouta PS Ara Mufassil District Bhojpur The State of B... |
Donating daughter to a Baba held illegal as daughter not a property : Bombay High Court | The issue whether a father can legally donate his girl child to a Baba by executing a Danpatra was before consideration of a bench of Bombay High Court consisting of Justice Vibha Kankanwadi in the matters between Shankeshwar @ Shambhu s/o Bhausaheb Dhakne and Anr. v. State of Maharashtra & Anr.BA-1366-2021 and 134... | on 03 01 2022 on 28 01 BA 1366 2021 and 1345 2021.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO.1366 OF 2021Shankeshwar @ Shambhu s o Bhausaheb Dhakne… Applicant Versus1. The State of Maharashtra2. XYZ… Respondents…WITHBAIL APPLICATION NO.1345 OF 2021Sopan s o Sarjerao Dhakne… Appl... |
In a case where the defendant approaches the court immediately and within the statutory time specified, the discretion is normally exercised in his favour: High Court Of Chhattisgarh | The court was of the view that the appellant had established sufficient cause for his non-appearance as his counsel had noted the wrong date. Such an opinion was held by The Hon’ble High Court Of Chhattisgarh before The Hon’ble Shri Deepak Kumar Tiwari in the matter of Bagas Ram Verma Vs. Sanjay Kumar [MA No. 91 of 201... | 1NAFRHIGH COURT OF CHHATTISGARH BILASPUR MA No. 919Order Reserved On : 18 10 2021 Order Passed On : 01 11 2021Bagas Ram Verma S o Lt. Shri Gaindu Ram Verma Aged About 50Years R o Village Rahud P.S. And Tah. Khairagarh DistrictRajnandgaon Chhattisgarh. At Present R o Sisly Matale Gali Ward No. 05 Rajnandgaon Tah. And D... |
Sentence of imprisonment must be modified in accordance with period of incarceration already undergone: Kerala High Court | The sentence of imprisonment imposed by the court must be modified in accordance with the period of incarceration already undergone. Therefore, while sentencing a person for imprisonment or upholding the judgment of the lower court in an appeal, the appellant court must consider the term of imprisonment already undergo... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY THE 05TH DAY OF FEBRUARY 2021 16TH MAGHA 1942 CRL.A.No.297 OF 2007 AGAINST THE ORDER DATED 23 01 2007 IN SC 358 2005 OF ADDITIONAL SESSIONS COURT FAST TRACK COURT NO.IIIMANJERI APPELLANT ACCUSED CHERKULATH SURESH AGED 34 YEAR... |
It is necessary that the matters alleged to be defamatory must be stated in the complaint: High Court of Tripura | It is the obligation upon the complainant, at least to reproduce the substance of defamatory statements or words of imputation in gist alleged to have been uttered to enable the accused to know the nature of the allegations that he has to meet in trial. This was held in Sri Subal Kumar Dey V. Sri Gora Chakraborty &... | Page 1 HIGH COURT OF TRIPURA CRL REV. P NO.02 OF 2018 Sri Subal Kumar Dey son of late Chandi Charan Dey Owner Editor Printer & Publisher of Syandan Patrika 41 Sakuntala Road Agartala West Tripura … Petitioner Versus 1. Sri Gora Chakraborty son of late Anil Chakraborty resident of Office Tilla P.S. Bishalgarh District ... |
Petition is disposed of with liberty to respondent to approach AT-MCD in accordance with law : High Court of Delhi | Petitioner seeks a direction against the respondent-Corporation to demolish the alleged unauthorized structure raised by respondent no. 2 and 3 and was held by the High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE SANJEEV SACHDEVA in the case of VINEETA SINGH VERMA vs. SDMC & ORS (W.P.(C) 12... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 09th March 2022 W.P.(C) 12376 2021 VINEETA SINGH VERMA Petitioner SDMC & ORS. Respondents Advocates who appeared in this case: For the Petitioner : Mr. Pratyush Sharma Advocate. For the Respondents: Mr. Rakesh Mittal Standing Counsel with Ms. Yamini Mittal ... |
The Court hearing the plaint can extend the period of limitation on justified reasons. – Madras High Court | We find that the written statement cannot be closed on the ground of limitation alone. Rather, in appropriate cases, the limitation can be extended. It would, however, not be that in all cases, extension should be granted. Rather, if no justification is given, the Court can refuse to extend the period of filing the wri... | OSANos.167 and 1621 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10.01.2022CORAM :THE HON BLE MR.MUNISHWAR NATH BHANDARI ACTING CHIEF JUSTICEANDTHE HON BLE MR.JUSTICE P.D.AUDIKESAVALUOSANos.167 & 1621Straight line CinemasRep by its Propreitor Mr.Sudhir V.KKrishna Bhat towerPullepady RoadErnakulam 682 035... Appellan... |
If there is inordinate delay on the part of the petitioner and such delay is not satisfactorily explained, the High Court may decline to intervene and grant relief in exercise of its writ jurisdiction – Karnataka High Court. | If there is inordinate delay on the part of the petitioner and such delay is not satisfactorily explained, the High Court may decline to intervene and grant relief in exercise of its writ jurisdiction – Karnataka High Court. In case of writ petition is filed under articles 226 and 227 of the constitution of India prayi... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE 2019 THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION NO. 30379 2018MR. DEVARAJU N.P S O. PUTTASWAMY AGED 41 YEARS PRINCIPAL MORARJI DESAI RESIDENTIAL SCHOOL DHARMAPURA HUNSUR TALUK MYSURU DISTRICT 571 189. BY SRI. VICTOR MANOHARAN S ADV.) TH... |
The primary liability to clear off, in favor of the employee, even the employee’s contribution is on the employer subject to adjustment/deduction from salary: Calcutta High Court | Section 2(b) of the Employees’ Provident Fund Act, 1952, cannot circumscribe the specific stipulations in Section 6, which exclusively deals with the respective contributions of the employer and employee regarding the PF, which includes the DA component along with the basic wages, as held by the Hon’ble High Court at C... | In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya C.O. No.2006 The Calcutta Gujarati Education Society and another The Regional Provident fund Commissioner and others Mr. Soumya Majumder Ms. Noelle Banerjee Mr. Dipak Dey Mr. Rajib Roy Mr. Sudip Kumr ... |
STATE OF MADHYA PRADESH AND ANOTHER V/S THAKUR BHARAT SINGH | An executive action which operates to the prejudice of a person must have the authority of law to back it up BRIEF FACTSAND PROCEDURAL HISTORY: On April 24, 1963, the State Government made an order under Section 3 of the Madhya Pradesh Public Security Act, 1959,directing that the respondentshall not be in any place in ... | STATE OF MADHYA PRADESH & ANR Vs THAKUR BHARAT SINGH DATE OF JUDGMENT SHAH J.C SHAH J.C RAO K. SUBBA454 CITATOR INFO RF 1967 SC1836 (b) Authorising making of an order requiring a person to reside in specified place No Provision for maintenance or subsistence whether imposed unreasonable restriction Therefore Whether v... |
Potential of land acquisition and cumulative increase should be considered before determining the market value of a land: Supreme Court | As per the settled preposition of law while determining the market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration as held by the Hon’ble Supreme Court through the learned bench led by Justice M. R... | 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.04.2019 passed by the High Digitally signed byNEETU KHAJURIADate: 2021.11.2317:17:35 ISTReason:Signature Not Verified at Rs.7 100 per acre only original land owners have the Act) was issued on 16.05.1981. The Land Acquisition Referenc... |
Recovery of Weapon used in the commission of offence is not an essential condition to convict the accused: Supreme Court | When there a minor contradiction which do not go to the root of the matter and/or such contradictions are not material contradictions the evidence of such witnesses cannot be brushed aside and/or disbelieved. A division bench comprising of Justices DY Chandrachud and MR Shah adjudicating the matter of Rakesh and Anothe... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 556 OF 2021 Rakesh and another State of U.P. and another JUDGMENT M.R. SHAH J 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.09.2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 28108 by which t... |
Life sentence reaffirmed for rape accused: Bombay High Court | The Bombay high court rejected the plea of a 27-year-old who was accused of raping a 3-year-old girl. This judgement was passed by the division bench of Justice S Shinde and Justice MS Karnik in the matter of Sudam Ramnath Shelke versus The State of Maharashtra [Criminal Appeal No. – 803 of 2016]. The appellant challen... | Sudam Ramnath Shelke vs The State Of Maharashtra on 19 October 2020 Bombay High Court Sudam Ramnath Shelke vs The State Of Maharashtra on 19 October 2020 Bench: S.S. Shinde Makarand Subhash Karnik criminal 803.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 803 OF 20... |
Order issued by court with no jurisdiction becomes null and void in the eyes of the law if revision application is not maintainable in Revisional Court: Chhattisgarh High Court | An order issued by a court with no jurisdiction is void in the eyes of the law if a revision application is not maintainable before the Revisional Court. As a result, the Revisional Court’s order sustaining the learned Magistrate First Class’s order of complaint registration is likely to be nullified is upheld by the H... | 1NAFRHIGH COURT OF CHHATTISGARH BILASPUR Reserved on 24 09 2021Pronounced on 07 12 2021CRMP No. 5617Sanjay Kumar Vaid S o Late Hukmichand Vaid Aged About 49 YearsR o Near Rishabhdev Chowk Bilaspur Road Kawardha TahsilKawardha District Kabirdham Chhattisgarh. Petitioner Versus 1.Champa Lal Vaid S o Nagraj Vaid Aged Abo... |
If the dispute is predominantly civil in nature, the offences, though, non compoundable can be quashed by this Court: High Court of J&K and Ladakh | It is settled law that once the dispute is predominantly civil in nature and is not against the society, the offences, though, non compoundable can be quashed by the High Court while exercising powers under Section 482 Cr. P. C. As held by the Hon’ble High Court of J&K and Ladakh through a learned bench of Justice ... | Sr. No. 40 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRMNo. 628 2021 CrlM No. 1903 2021 Manohar Lal and others …..Appellant(s) Petitioner(s) UT of J&K and others Through: Mr. Maneesh Rampal Advocate. Petitioners in person …. Respondent(s) Through: Mr. Jamrodh Singh GA vice Mr. Aseem Sawhney AAG for Nos. 1 and 2... |
Excess payment made to Group-C staff cannot be recovered by the state: High Court of Orissa | Group-C staff refers to government employees who usually undertake supportive and non-supervisory tasks and have salaries between Rs.18,000 and Rs.29,200. If any excess payment is made to staff belonging to this category, the state does not have to right to recover it. This was held by a bench of the High Court of Oris... | IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.217719 State of Odisha Ashokarani Mishra Petitioner Mr. L. Samantaray A.G.A. Versus Opposite Party Mr. Surya Narayan Patnaik Advocate W.P.(C) No.263717 State of Odisha …. Petitioner Mr. L. Samantaray A.G.A. Versus Madhusmita Swain …. Opposite Party Mr. Surya Narayan Pat... |
The husband cannot take subterfuges to deprive his wife of the benefit of living with dignity: Tripura High Court | The husband is unable to take subterfuges to rob her of a dignified life. As the solemn undertaking was required in marriage, and as a result, it is also a duty on the husband to see that the wife does not become an impoverished, beggar, acting following the statutory law governing the region. A circumstance should not... | HIGH COURT OF TRIPURA Crl. Rev. P. 816 Sri Suman Debnath Son of Sri Sunil Debnath Resident of Village Mohinipur PS: Sidhai District West Tripura. Petitioner(s) The State of Tripura Represented by the Secretary Home Department Government of Tripura Agartala West Tripura Respondent(s) For Petitioner(s) For Respondent(s) ... |
Court can award penalty along with compensation for not responding to summons: High Court of Delhi | When an accused does not respond to court summons or an undertaking which was filed and not obeyed to, the court can award penalty along with the chosen form of punishment to the accused. This was held In the case of Prahald Singh vs. State & Anr. [CRL.REV.P. 882/2018 & CRL.M.(BAIL) 1612/2018] in the High Court... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P. 882 2018 & CRL.M.(BAIL) 1612 2018 CRL.M.A. 11794 2019 & CRL.M.A. 2798 2020 IN THE MATTER OF: Date of decision: 8th March 2021 PRAHALD SINGH ..... Petitioner Through Mr. Yash Karan Jain Advocate THE STATE & ANR ..... Respondents Through Ms. Kusum Dhalla APP for the Stat... |
Appellant had not requested for any ‘information’ as defined under section 2(f) of the RTI Act: Appellate Authority, SEBI. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Suraj Joshi v CPIO, SEBI, Mumbai (Appeal No. 4320 of 2021) dealt with an issue in connection with Section 2 (f) and Section 7 (9) of the Right to Inf... | Appeal No. 43221 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43221 Suraj Joshi CPIO SEBI Mumbai The appellant had filed an application dated May 19 2021under the Right to Information Act 2005 Total number of complaints received each year b) M... |
It is Universal application of human fallibility behind granting power to review judgments: Supreme Court of India | The basic philosophy inherent in granting the power to the Supreme Court to review its judgment under Article 137 is the universal acceptance of human fallibility. The Supreme Court presided over by J. A. Bhushan & J. I. Malhotra allowing a review petition laid down this ratio in the case of Rajendra Khare Vs. Swaa... | IN THE CRIMINAL APPELLATE JURISDICTION REVIEW PETITIONNO. 671 OF 2018 TRANSFER PETITIONNO.262 OF 2018 …PETITIONER(S SWAATI NIRKHI AND ORS. Contempt Petition(C)No.1233 2019 in T.P.(Crl.)No.262 2018 JUDGMENT ASHOK BHUSHAN J This review petition has been filed praying that the Order dated 18.05.2018 passed in Transfer Pet... |
Accused cannot be arrested soon after the registration of an FIR: Punjab & Haryana High Court | When a complaint discloses the commission of a cognizable offence while filing an FIR, the arrest cannot be merely done though registration of an FIR is mandatory under section 154 of CrPC and mere allegation of commission of an offence cannot amount to an arrest. This remarkable judgement was passed by the Punjab &... | on 31 10 CRM M No.2679201IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARHCRM M No.267920Date of Decision: 27.10.2020Hitesh Bhardwaj......Petitioner VsState of Punjab and others.....RespondentsCORAM: HON BLE MR. JUSTICE RAJ MOHAN SINGHPresent:Mr. Abhinav Sood Advocatefor the petitioner.Mr. Ramdeep Pratap Singh D.A.... |
Accused can be granted bail if prosecution failed to prove ‘grave suspicion’: High Court of Delhi | A prima facie case can only be made out when grave suspicion is proved on the part of the accused. This was decided in the case of State (Nct Of Delhi) vs. Jiwan Kant Jain And Anr [CRL.REV.P. 448/2018] in the High Court Of Delhi by Single Bench Consisting Of Hon’ble Justice Subramonium Prasad. The facts of the case are... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P. 448 2018 Date of decision: 26th FEBRUARY 2021 IN THE MATTER OF: STATEJIWAN KANT JAIN AND ANR Through Mr. Avi Singh Advocate HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PRASAD J. Through Mr. Aditya Jain Advocate ..... Petitioner ..... Respondents This revision p... |
Courts should not interfere with Arbitral award unless such award portrays perversity unpardonable U/S.34 of the Arbitration Act: High Court of Delhi | It is trite law that an arbitral award can be set aside only on the limited ground as set out in Sub-section (2) and (2A) of Section 34 of the A&C Act. This Court cannot re-appreciate and re-evaluate the evidence and supplant its opinion in place of that of the Arbitral Tribunal. This Court does not act as a court ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 21.05.2021 O.M.P. 147 2018 12775 2019 & 3041 2020 and IA Nos. 4710 2018 ORIENTAL INSURANCE CO. LTD. DIAMOND PRODUCTS LTD. Petitioner Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr A.K. Singla Senior Advocate with ... |
It is morally and socially obnoxious to withhold a person’s pension and other retiral benefits.: Manipur High Court | Withholding of pension and other retiral benefits of retired employees for years together, is not only illegal and arbitrary but a sin if not an offence since no law has declared so. It is also against the concept of social and economic justice which is one of the founding pillars of our constitution as upheld by the H... | IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 4119 Shri. Y. Thaiba aged about 72 years permanently resident of Liyai Village P.O & P.S Tadubi Senapati District Manipur 795104. Versus … Petitioner 1. The State of Manipur represented by the Commissioner Secretary Education Govt. of Manipur at Secretariat Building Babu... |
Appellant alleges that the respondent is trying to benefit the concerned party: Orders of AA under the RTI Act. | 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 Pradeep Vidhani v CPIO, SEBI, Mumbai (Appeal No. 4298 of 2021) dealt with an issue in connection with the Right to Information Act, 2005. The appella... | Appeal No. 42921 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 42921 Pradeep Vidhani CPIO SEBI Mumbai The appellant had filed an application dated April 13 2021under the Right to Information Act 2005 against the said response dated May 07 2021.... |
Under Section 42(4) Captive consumer/Captive users are not liable to pay Additional Surcharges: Supreme Court of India | Sub-section (4) of Section 42 shall be applicable only in a case where the State Commission permits a consumer or class of consumers to receive a supply of electricity from a person other than the person – distribution licensee of his area of supply. So far as captive consumers/captive users are concerned, no such perm... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5074 5075 OF 2019 Maharashtra State Electricity Distribution Co. Ltd. ...Appellant(s M s. JSW Steel Limited & Ors ...Respondent(s JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Appellate Tribunal for Electr... |
If there is prima facie material to show meeting of mind and that, pursuant to it, a crime is committed, than it will be punishable under section 302 IPC read with 120B: Delhi High Court. | The Indian Penal Code is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. Section 120B of the IPC Act states (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, [imprisonment for life] or rigorous impriso... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th August 2021 Decided on: 24th August 2021 BAIL APPLN. 4111 2020 NADIR@SHAH ALAM Represented by: Mr.Samrat Nigam Advocate. Petitioner STATE OF NCT OF DELHI Respondent Represented by: Mr.Amit Gupta APP for State with SI Santosh Kumar PS Mandawali. Mr.V.S.Dubey Adv... |
No impeding right of guardian to interfere if marriage is in conformity with the Personal Laws: Punjab and Haryana High Court | The present matter before the Punjab High Court involves a criminal Writ Petition under Article 226/227 of the Constitution of India for issuing a writ in the nature of mandamus directing respondent Nos.2 and 3, specifically the State authorities to protect the life and liberty of the petitioners at the hands of privat... | on 03 05 CRWP 1148 2021 1 113IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP 1148 2021Date of Decision: 29.04.2021 Aasma and another..... PetitionersVersusState of Haryana and others..... RespondentsCORAM: HON BLE MR. JUSTICE SUDIP AHLUWALIAPresent:Mr. Sanchit Punia Advocate for the petitioners.SUDIP AHLUWALI... |
“Motor Vehicle” includes any mechanically propelled vehicle apt for use upon roads irrespective of it’s power source. : Jammu & Kashmir High Court | Section 10(2)(a) to (j) specifies the classifications of vehicles that must be driven, not the precise types of vehicles within each class. If a vehicle falls into one of the categories, a person who holds a driver’s licence for that class of vehicle can operate all vehicles in that category. If the vehicle falls under... | Reserved On: 23.04.202 vs Aijaz Ahmad Shah And Others on 22 June 2021 Jammu & Kashmir High Court Srinagar Bench Reserved On: 23.04.202 vs Aijaz Ahmad Shah And Others on 22 June 2021 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Mac. App. No. 49 2020 CM no. 3774 2020 Reserved on: 23.04.2021 Pronounced on: 22.06.2021 Natio... |
The Petition got dismissed and found non-maintainable under Section 76(2) of the Act and accordingly the bail application was denied: High Court Of Patna | Petitioner alleged of having in possession 234 Litres of Alcohol taken into custody for violation of Bihar Prohibition and Excise Act 2016. The Court denied the bail application and found it non-maintainable in the court of law. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Ajeet... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 365720 Arising Out of PS Case No. 148 Year 2020 Thana HUSSAINGANJ District Siwan Ajeet Kumar Yadav @ Ajeet Kumar Yadav Gender Male aged about 24 years Son of Late Yogendra Yadav @ Yogendra @ Pahlawan Resident of Village Gosopali PS Hussainganj District... |
The petitioner alleged of killing and concealing the facts and death of the deceased denied bail along with his parents: High Court of Patna | Alleged of killing the deceased the petitioner was accused of demanding dowry as well. The petitioner being the guardian of the deceased tried to conceal the facts and save their son. These formed sufficient grounds for not granting the pre-arrest bail by the Court. The Hon’ble High Court of Patna before Justice Mr. Ah... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.365420 Arising Out of PS. Case No. 238 Year 2018 Thana ADAPUR District East Champaran Rajdevo Mahto @ Rajdev Mahto aged about 61 yearsson of late Banshi Mahto Rajkali Devi aged about 57 years wife of Rajdevo Mahto Rajdev Mahto Both resident of village G... |
A resignation tendered by a Chairman of a Cooperative Society operates from the date of its tender and that no acceptance of the resignation is necessary: Bombay High Court | The respondents have not pointed out any specific provision contained in the Act or the by-laws of respondent no.1 society as to the manner in which such a member can resign from the post of director. In the absence of which, there was no need of the acceptance of the resignation, and even if the letter of resignation ... | on 30 11 2021 on 30 11 1 wp10757 21IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD WRIT PETITION NO. 10757 OF 2021Kashinath s o Kundlik Dongare Age : 56 years Occu Business R o 1514 Dwarka Rahane Mala Sangamner Tq. Sangamner Dist.Ahmednagar ..PETITIONERVERSUS1.Ahmednagar Zilla Maratha SevaNagari Sahakari ... |
Valid registration is necessary for a dealer to claim concessional rate of tax U/S 8 of Central Sales Tax Act, 1956: High Court of Tripura | Liability to pay tax under Section 6 of the CST Act is not connected to the requirement of registration under Section 7. Registration under Section 8 of course, is necessary for claiming a concessional rate of tax on the inter-State sales. this was held in Tripura Electricals v. The State of Tripura and Ors [WP(C) No.1... | Page HIGH COURT OF TRIPURA WP(C) No.1745 2017 Tripura Electricals. Situated at Mantribari Road P.O. Agartala PS West Agartala District West Tripura PIN 799 001. .. Petitioner(s). 1. The State of Tripura represented by Secretary Department of Finance New Secretariat Complex P.O. Kunjaban Agartala District West Tripura. ... |
Mere Supply of Grounds of Imprisonment Insufficient in absence of Other Material: High Court of Jammu & Kashmir and Ladakh at Srinagar | Detention of a detenu is vitiated if material in the shape of grounds of detention with no other material or documents, as referred to in the order of detention is provided, as observed by the High Court of Jammu & Kashmir and Ladakh at Srinagar, before the HON’BLE JUSTICE MR. ALI MOHAMMAD MAGREY, in the matter of ... | IN THE HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR Reserved on 28.10.2021 Pronounced on 07.12.2021 WP171 20 Bashir Ahmad Beigh Through: Mr. Wajid Haseeb adv. UT of J&K and Ors Through: Ms. Asifa Padroo AAG Hon’ble Mr Justice Ali Mohammad Magrey Judge. Detenu Bashir Ahmad Beigh s o Ghulam Mohi ud din Beigh R o S... |
The cause of action for passing off are premised on “classical trinity” form or the extended form : Delhi High Court | When a Court adjudicates upon an infringement or a passing off action, it is required to take into account, not only the rights of the plaintiff and the defendant, but also the interests of the public at large. While the plaintiff is interested in preserving and protecting the investment made by her/him in the mark so ... | J 1 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement reserved on 26.08.2020 Judgement pronounced on 27.11.2020 I.A. No. 6865 2020 CS(COMM) 319 2020 RB HEALTHLLC AND ANR. .....Plaintiffs Through Mr. Chander M. Lall Senior Advocate with Mr. Jawahar Lai and Ms. Nancy Roy Advocates. DABUR INDIA LTD. .....Defendant Through... |
The true test for determination by the Collector is the market value of the property on the date of the instrument: High court of Allahabad | Petitioner sought 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 single bench judge Hon’ble Jayant Banerji, J..In the matter, Pratap Singh V/s State... | Court No. 38 Case : WRIT C No. 538410 Petitioner : Pratap Singh Respondent : State of U.P. and Others Counsel for Petitioner : Rajesh Kumar Mishra Counsel for Respondent : C.S.C Hon ble Jayant Banerji J Heard Shri Rajesh Kumar Mishra learned counsel for the petitioner and Shri Awadhesh Chandra Srivastava learned Standi... |
Violating the order and discipline of the force and using threatening language with superior officer is not admissible : High Court of Delhi | Counsel for the Petitioner preferred restoration of the petition dated 17th May 2017 under Section 117 of the BSF Act, challenging his dismissal order dated 04th March 2017. Considering the Petitioner’s past conduct and the offences committed by him the petition is dismissed by the High Court of Delhi through the learn... | IN THE HIGH COURT OF DELHI AT NEW DELHI EXCHANDAN KUMAR SHARMA Through Mr.S.D.Mishra Advocate UNION OF INDIA Through Mr.Dilbag Singh Advocate Date of Decision: 24th February 2022 HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVIN CHAWLA JUDGMENT MANMOHAN J (Oral The petition has been heard by way of video conferenc... |
Suganchand & Co VS Bhramayya & Co. | Where the debtor is to collect & remit there is confidence & trust. Where the debtor is to use & repay on demand, there is no trust There the claimants were Suganchand & Co. They made a claim against the Hanuman Bank in liquidation, praying that they be treated as persons to be paid in full in preferenc... | Messrs. Brahmayya And Co.These are three connected appeals against the orders of Rajagopalan J. passed on the Original Side and raise an important and interesting question regarding the rights of a person who has entrusted a bank with collecting his dues and remitting them to him by demand drafts where the bank has gon... |
A child has an undisputed right to be maintained by his father till he attains majority: Supreme Court of India | The respondent-husband cannot be absolved from his liability and responsibility to maintain his son Pranav till he attains the age of majority. Whatever be the dispute between the husband and the wife, a child should not be made to suffer. Such an observation was made by the Hon’ble Supreme Court before Hon’ble Justice... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6374 OF 2021 Lieutenant Colonel Deepak Tyagi M.R. SHAH J JUDGMENT Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur passed in D.B. Civil Miscellaneous Appeal No. 28418 by which the D... |
Mere recovery of money cannot prove the charge of the prosecution against the accused under Section 7 of the Prevention of Corruption Act, 1988: Chhattisgarh High Court | Recovery by itself is insufficient to establish the prosecution’s case against the defendant. It is emphasised that in order to establish the accusation, it must be demonstrated beyond a reasonable doubt that the accused knowingly took money knowing it was a bribe. The mere possession or recovery of money notes is insu... | HIGH COURT OF CHHATTISGARH BILASPUR Criminal Appeal No.4511 Judgment Reserved on : 17.3 . 2021 Judgment Delivered on : 10.6.2021 1. Sheshuraj Marian S o E.J. Marian age 35 years 2. E.J. Marian S o Late A. Marian age 63 years Their names are deleted vide order dated 25.11.2019 3. Smt. Elisabeth Merry Marian W o E.J. Mar... |
Each party should get a fair opportunity to cross examine the concerned witness, after which they are not allowed to raise any doubts upon the credibility of the witness: Supreme Court | “If there was any doubt to be cast on the veracity of the witness, the same should have come out in cross-examination, for which opportunity was granted to the respondents once”, this remarkable stand was forwarded by the Honorable SC in the Civil Appeal case of Anita Sharma & Ors. V. The New India Assurance Co. Lt... | These two appeals which have been heard through video conferencing are directed against the judgment dated 23.07.2018 passed by the High Court of Judicature for Rajasthan Bench at Co. Ltd. against the Motor Accident Claims Tribunal’s award dated 01.09.2012 was by the appellantclaimants for enhancement of compensation ... |
The Court cannot discard the whole evidence given by witnesses merely because it’s exaggerated: Supreme Court | A Court of law, being mindful of such distinction is duty bound to disseminate ‘truth’ from ‘falsehood’ and sift the grain from the chaff in case of exaggerations. It is only in a case where the grain and the chaff are so inextricably intertwined that in their separation no real evidence survives, that the whole eviden... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo.42718 Arising Out of PS. Case No. 218 Year 2013 Thana KARAKAT District Rohtas Shivjee Sah Son of Late Ram Sakal Sah 2. Manju Devi Wife of Sri Sheojee Sah Both resident of Village Jaishree P.S. Karakat District Rohtas The State of Bihar ... Appellant s ... Respo... |
Revision petition filed under section 397 C.R.P.C dismissed for not having locus standi – Manipur high court | Revision petition filed under section 397 C.R.P.C dismissed for not having locus standi – Manipur high court A criminal revision petition was filed by the Central Bureau of Investigation (CBI) praying to set aside the impugned Zima order passed by learned Special Judge (P.C. Act) Imphal East in Cril. Misc. (Zima) Case ... | IN THE HIGH COURT OF MANIPUR AT IMPHAL Cril. Rev. Petn. No. 21 Central Bureau of Investigation represented by its Head of Branch Anti Crime Branch Imphal P.O. & P.S. Lamphel Imphal West District Manipur 795004. Petitioner Versus 1. Yumnam Sharat Meitei aged about 55 years S o Y. Bishma Singh of Wangkhei Angom Leikai P.... |
The petitioners were released on bail after being arrested under Sections 147, 148, 149, 307 of the IPC and 27 of the Arms Act, 1959.: High court of Patna | The petitioner was taken into custody under Sections 147, “ Punishment for rioting”, section 148, “Rioting, armed with a deadly weapon”, section 149, “Every member of unlawful assembly guilty of offense committed in the prosecution of a common object”, section 307 of the Indian Penal Code, “Attempt to murder”, and sec... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 141321 Arising Out of PS. Case No. 97 Year 2020 Thana NATHNAGAR District Bhagalpur 1. Dayal Yadav @ Deepak Kumar Male aged about 26 years Son of Bindeshwari Yadav @ Bindeshwari Prasad. Puran Yadav Male aged about 36 years Son of Bachcho Yadav Both are ... |
A person cannot be penalized, when there is a delay in investigation on the part of the investigating authority – High Court of Delhi. | Where the Directorate of Revenue Intelligence had confirmed to submit the final report to the Jurisdictional Commissionerate within 2 months and had not filed any chargesheet or issued any charge memo for 2 years, then in such case for the delay in investigation, one cannot be penalised. A divisional Judge bench compri... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 05th July 2021 W.P.(C) 6079 2021 & CM APPLs.19252 19253 2021 UNION OF INDIA AND ORS. THROUGH SECRETARY MINISTRY OF FINANCE ..... Through: Mr. Y.P. Singh Advocate. VIKRAM BHASIN ..... Respondent Through: Mr. Ajesh Luthra Advocate. HON BLE MR. JUSTICE MANMOHAN HON... |
A woman cannot claim that her consent was wrongfully obtained on a false promise, if she continued to engage in sexual intercourse with the accused for many years: High Court of Chhattisgarh | If a woman is has consented to sexual intercourse with a man because he falsely promised to marry, she is required to file a complaint soon after. She will lose the right to file this complaint if she continues to engage in sexual relations for many years later. This was held in the judgement passed by a bench of High ... | HIGH COURT OF CHHATTISGARH BILASPUR Criminal Appeal No.517 Judgment Reserved on : 5.7.2021 Judgment Delivered on : 16.7.2021 Naiharsay son of Nouharsay aged about 28 years resident of Village Kumarta Police Station Kapu District Raigarh Chhattisgarh Presently resident of Village Thakur Podi Police Station Kapu District... |
Section 13 of the Commercial Courts Act provides for appeals from the Commercial Court and Commercial Division decrees: High Court of Sikkim | Section 16(2) mandates that the Commercial Court shall follow the provisions of the CPC as amended by the Act in the trial of a suit in respect of the commercial dispute. Such an opinion was held by The Hon’ble High Court of Sikkim before The Hon’ble Mrs. Justice Meenakshi Madan Rai and The Hon’ble Mr. Justice Bhaskar ... | THE HIGH COURT OF SIKKIM: GANGTOK Civil Appellate Jurisdiction) DIVISION BENCH: HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI JUDGE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE R.F.A. No. 018 1. M s Thomas Enterprises Kalyani Apartments Sevoke Road Siliguri 734401 West Bengal. 2. N.L. Thomas M s Thomas Enterprises Kalyani ... |
In accident claim cases the High court while examining the evidence should only analyze the material placed on record. – Supreme Court of India | The Supreme Court while adjudicating upon a motor accident claim appeal expressed displeasure over the approach adopted by the High Court in Examination of witnesses. The Supreme Court stated that the role of the High Court was to analyze the material on record and not to find faults in the cross-examination and non-ex... | These two appeals which have been heard through video conferencing are directed against the judgment dated 23.07.2018 passed by the High Court of Judicature for Rajasthan Bench at Co. Ltd. against the Motor Accident Claims Tribunal’s award dated 01.09.2012 was by the appellantclaimants for enhancement of compensation ... |
Writ Jurisdiction Discretion Should Not Ordinarily be Exercised if there is an Alternative Remedy: High Court of New Delhi | The writ jurisdiction is discretionary jurisdiction, and the discretion should not ordinarily be exercised if there is an alternative remedy which is by raising an application in industrial dispute. This honorable judgement was passed by High Court of New Delhi in the case of ONGC Diploma Engineers Technical Associatio... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 23.03.2021 O.M.P.96 2016 M S NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner M S AFCONS INFRASTRUCTURE LTD Advocates who appeared in this case: ..... Respondent For the Petitioner For the Respondent Mr Shambhu Sharan and Mr Yaman Kumar Advocates. Mr S... |
Illicit Extraction of Mines & Minerals amounts to Theft Under Section 379 IPC: Kerala High Court | Illegal extraction of mines and minerals, without a requisite permit or in violation of the permit conditions, will amount to theft under Section 379 of the Indian Penal Code. This auspicious judgment was passed by THE HIGH COURT OF KERALA in the matter of Shybi. C.J vs. State of Kerala and others [WP(C). No.10387 OF ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY THE 30TH DAY OF MARCH 2021 9TH CHAITHRA 1943 WP(C).No.10387 OF 2020(W AGED 42 YEARS CHULLIYILLAPLAKKAL HOUSE KOOTAALA P O BY ADV. SRI.C.DHEERAJ RAJAN STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT SECRETARIAT ... |
Court allows bail to the petitioner convicted by lower court on dacoity: Karnataka High Court | The petition is filed under section 439 of CR.P.C ( speaks about special powers of the high court or court of secession regarding bail) seeking regular bail for the offence punishable under section 75( speaks about person conceived a second of an offence punishable under chapter 12 or chapter 17 of the code), 341 ( spe... | 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.258 2022 BETWEEN: ABDUL RAZAK @ RAZAK S O LATE IQBAL PASHA AGED ABOUT 27 YEARS R AT NO.18 15 NEWTOWN NEAR T.V. STATION KUPPAM CHITTOOR ANDHRA PRADESH 517004. ...PETITIONER BY SRI... |
The suspension of an employee is injurious to his interests and must not be continued for an unreasonable period: Jharkhand High Court | The suspension of an employee is harmful to his rights and should not be extended indefinitely. The selective suspension perpetuated indefinitely in circumstances where other involved persons had not been subjected to any scrutiny. The High of Court Jharkhand in the case of Satya Prakash vs. the State of Jharkhand [W.P... | 1 W.P.No. 21920 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.No. 21920 Satya Prakash aged about 48 years Son of Late Abhay Kumar Residing at C o Jai Prakash Kali Shankar Street Hindpiri Near Marwari College Ranchi P.O. & P.S. Hindpiri District Ranchi … Petitioner Versus State of Jharkhand Chief Secretary Government of... |
State of Haryana Vs Raja Ram | It is difficult to hold that Raja Ram was not guilty of taking or enacting the prosecutrix out of the keeping of her father’s lawful guardianship Santoshi Rani, aged about 14 years, daughter of one Narian Dass, a resident of village Jor Majra in the district of Karnal was the victim of the offence. Jai Narian, a resid... | Equivalent Citation: AIR1973SC819 1973CriLJ651 should come to the house of Raja Ram at midnight. The prosecutrix as desired went to Raja Ram s house on the night between April 4 and 5 1968 when Raja Ram took her to Bhishamwala well. Jai Narain was not present at the well at that time. Leaving the prosecutrix the Raja R... |
If the absence of motive is accepted, it is of little importance and pales into insignificance when the crime is established by direct evidence: Gauhati High Court | When there is direct, credible witness testimony as to the commission of an offence, the motive element of the equation is nullified. As a result, if the origin of the purpose for the event is not established, the visual testimony of the witnesses as to the event cannot be discounted just because of the lack of motive,... | Page No.# 1 14 HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) THE GAUHATI HIGH COURT Case No. : CRL.A(J) 81 2018 GONESH BHOMIJ S O. LT. SAMSING BHIMIJ R O. NALANI T.E. KHAMUTI GOWALI NATUN LINE P.S. TINSUKIA DIST. TINSUKIA ASSAM. THE STATE OF ASSAM REP. BY PP ASSAM. BEFORE:: HON’BLE MR. JUSTICE N. KOTISWAR... |
Order for refund of court fees on case being settled through the Mediation and Conciliation Centre: The High Court of Delhi | Once the dispute between the parties is amicably arrived at a decision and is settled through the Mediation and Conciliation Centers. The court fees which was earlier charged has to be refunded after such a settlement. The aforementioned has been relied upon by the Delhi High Court while deciding the case of Dr Reddys ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.07.2021 CS(COMM) 278 2020 & I.A. 6144 2020 DR REDDYS LABORATORIES LIMITED Ms. Payal Kalhan Adv. Plaintiff JITENDRA GOYAL OWNER AND PROPRIETOR OF KLG Defendant Through Nemo. HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT The hearing has been conducted through... |
The Court is inclined to grant pre-arrest bail to the petitioners held in custody under Sections 363, 366-A, 504/34 IPC: High court of Patna | The petitioner was taken into custody under Section 363 of the India Penal Code, “Punishment for kidnapping”, section 366-A, “Procuration of minor girl”, section 504, “Intentional insult with intent to provoke breach of the peace”, section 34IPC, “Acts done by several persons in furtherance of common intention.” This i... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65821 Arising Out of PS. Case No. 117 Year 2019 Thana MANSAHI District Katihar 1. Naveen Rishi aged about 29 yearsson of Firangi Rishi Firangi Rishi aged about 55 yearsson of Mangan Rishi Fuchani Devi aged about 50 yearswife of Firangi Rishi All residen... |
Both the limbs of Order XXIII Rule 1(3) must be satisfied for withdrawal of suit: Calcutta High Court | Both the limbs of Order XXIII Rule 1(3) must be satisfied for the withdrawal of any suit by the plaintiff. The court can allow a suit to be withdrawn by the plaintiff only if the two conditions mentioned under the provision are fulfilled. This assertion was made by the Calcutta High Court presided by J. Debangsu Basak ... | IA No. GA 20 Old No. 17019 CS 2616 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Mahesh Properties Pvt. Ltd. Partha Pratim Majra & Anr. For the Petitioner : Mr. S.N. Mitra Sr. Advocate Mr. Debjit Mukherjee Advocate Mr. Sanjay Mukherjee Advocate Mr. Lal Ratan Mandal Advocate Ms. Susmit... |
Constitutional Right to Make a Representation arises from Adequate Furnishing of Material Forming Basis of Detention: High Court Of Jammu And Kashmir At Srinagar | Non-furnishing of relevant material forming basis of the grounds of detention deprives a detenue of his Constitutional right to make a representation against the order of detention, as was considered by the HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR, before a bench consisting of Hon’ble Justice Mr. Sanjay Dhar, in the... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 27.12.2021 Pronounced on: 27 .01.2022 WP(Crl.) No.35 2021 AHTISHAM UL HAQ BHAT ...PETITIONER(S) Through: Mr. Syed Musaib Advocate GOVERNMENT OF J&K &ANR. Through: Mr. Hakeem Aman Ali Dy. AG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE By the medi... |
No Relief of Further Enquiry Due to Lack of Evidence: Bombay High Court | The allegation made in the writ petition is vague and ambiguous as to the lapses in the investigation. If the petitioner had pointed out something relevant to the case which can be investigated instead of pinpointing some old enmity between the deceased and respondent. This honourable judgement was passed by In the Hig... | on 31 03 2021 on 01 04 CrWP 77 2020.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL WRIT PETITION NO. 77 OF 2020Rajendra @ Raju s o. Laxman Chandane Age: 30 years Occu. Painting R o. Wakadi Tq. Jamner Dist. Jalgaon. … PetitionerVersus1)The State of Maharashtra Through: Home Secretary Mantralaya... |
Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair: Tripura High Court | If there is a prolonged time of continual separation, the matrimonial relationship is fairly irreparable. Marriage is a lie but backed by a civil relationship. In such circumstances the statute does not serve the sanctity of marriage by refusing to break this bond; instead, it has no respect for the feelings and sentim... | HIGH COURT OF TRIPURA Mat. Appl. No. 219 B E F O R E HON’BLE MR. JUSTICE S.TALAPATRA HON’BLE MR. JUSTICE S.G.CHATTOPADHYAY Smt. Swapna Sinha Daughter of Shri Chandra Badhan Sinha Rajbari: Mandappara Sub division :Dharmanagar District: North Tripura Shri Bimal Sinha Son of late Bhagya Sinha Sub division: Kailashahar Dis... |
Police Can’t Question Prosecutrix/Victim Regarding Variations In Statements Given U/S 161 & 164 Of CrPC: Allahabad High Court | Putting questions to the prosecutrix/victim with regards to the change in version by her in the statements under Section 161 of the CrPC and in the statement under Section 164 of the CrPC, clearly shows disrespect to the courts who have recorded the statements under Section 164 of the Code as held by the Hon’ble High C... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Arb App No. 01 2021 CM No. 6039 2021 Serial No. 02 Supplementary 1 List Adil Ashraf Bolaki Dated: 28th of September 2021. … Appellant(s) Mr Aatir Javed Kawoosa Advocate with Mr Musharraff W. Baba Advocate. JK Power Transmission Corporation Limited & Ors. … Respondent... |
RBI, an instrumentality of State; private banks to come under purview of Art. 226 under certain circumstances: Calcutta High Court | When MSMEs are funded by private banks, their functions gather a wider ambit since it involves discharging of public duties which enable them to come under the purview of Art. 226. A bench comprising of Justice Sabyasachi Bhattacharyya has re-affirmed RBI as an agent of the state and also widened the ambit of private b... | In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya WPA No. 217117 M s Pearson Drums & Barrels Pvt. Ltd. Vs. The General Manager Consumer Education & Protection Cell of Reserve Bank of India and others For the petitioner For the respondent nos. 1 2 ... |
There is no useful purpose to keep a person in custody if he has duly cooperated in the investigation process: Delhi High Court | When the petitioner has joined investigation and has already given his mobile phone to the investigating agency and the investigation is nearing completion, this Court is of the opinion that no useful purpose would be served in keeping the petitioner in custody as held by the High Court of Delhi through the learned ben... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08th NOVEMBER 2021 IN THE MATTER OF: BAIL APPLN. 1400 2021 & CRL.M.A. 6628 2021 AMIT MALIK ..... Petitioner Through Mr. Lalit Valecha Ms. Sadaf Iliyas Khan Advocates ..... Respondent Through Ms. Kusum Dhalla APP for the State with SI Bhojraj Singh PS Maidan Mr. ... |
The discretion to grant bail cannot be exercised if the role of the accused is not yet unfurled and still requires to be investigated in the case: Jammu and Kashmir High Court | The accused cannot claim bail as a matter of right. The rule of bail and not jail cannot be pressed into service in the case of the applicant. Each case has its own peculiarities and circumstances which are required to be looked into while considering bail. This was held in the judgment passed by a single judge bench c... | HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Mohd. Toyab EMG Bail Appl. No. 14 2020 EMG CrlM No. 14 2020 Reserved on: 28.05.2020 Pronounced on: 15.06.2020 Through : Mr. Sunil Sethi Sr. Advocate with Mr. Waheed Choudhary Advocate …Applicant v s UT of Jammu and Kashmir and others …Non applicant(s) : HON’BLE MR. JUSTICE PUNE... |
Elder Age and No Criminal Antecedent forms the basis for granting anticipatory bail by the Court: High Court of Patna | Appellant being aged 81 years old granted anticipatory bail in the matter of assault and abusing the informant in the name of caste. The allegations were found to be general and omnibus by the court and hence, the decision was taken by keeping into consideration the age of the appellant and others. The Hon’ble High Cou... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo. 38021 Arising Out of PS. Case No. 80 Year 2017 Thana SC ST District Purnia Durganand Choudhary @ Durga Choudhary aged about 81 years Male Son of Late Baijnath Choudhary Resident of Jhanda Chowk Bhatta Bazar PS K Hat District Purnia The State of Bihar ... Appel... |
Under Section 313 Cr.P.C the accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them: Rajasthan High Court. | Under Section 313 Cr.P.C court has power to called accused for personally to explain any circumstances appearing in the evidence against him. At any stage, without previously warning the accused put such questions to him as the Court considers necessary. The judgment was given by the High court of Rajasthan in th... | on 31 08 2021 at 11:43:43 AM ) AppellantVersusState Of Rajasthan through PP RespondentsConnected WithD.B. Criminal Appeal No. 47 2015Pradeep @ Mikki S o Ram Gopal R o Choudhary Bhawan Kansua Police Station Udyog Nagar KotaAppellantVersusState Of Rajasthan through PP RespondentD.B. Criminal Appeal No. 70 2015Brijesh Ch... |
IBI Consultancy India V. DSC Ltd | The Petitioner, IBI Consultancy India Private Limited is the Indian subsidiary of the IBI Group based in Canada. It is engaged in the business of providing system integration and maintenance service for Toll and Traffic Management Systems.The Respondent, DSC Limited, is a company registered under the Companies Act, 19... | IN THE CIVIL ORIGINAL JURISDICTION ARBITRATION CASENO. 53 OF 2016 IBI Consultancy India Private Limited …Petitioner(s …Respondent(s ARBITRATION CASENO. 63 OF 2016 ARBITRATION CASENO. 54 OF 2016 ARBITRATION CASENO. 57 OF 2016 JUDGMENT The IBI Consultancy India Private Limited the petitioner Company is the Indian subsidi... |
Under Section 125 Cr.P.C. any order passed by compromise or otherwise cannot prevent the remedy stated under Section 18 of HAMA: High Court Of Chhattisgarh | Maintenance application decided under one statute would not foreclose the claim for maintenance under a different statute. Such an opinion was held by The Hon’ble High Court of Chhattisgarh before The Hon’ble Shri Justice P. Sam Koshy and The Hon’ble Smt. Justice Rajani Dubey in the matter of Chandrabhushan Vs. Smt. Sa... | 1 AFRHIGH COURT OF CHHATTISGARH AT BILASPURFAM No. 017Chandrabhushan S o Krishna Kumar aged about 32 years R o villagePrakashpur Tehsil and Police Station Khairagarh District Rajnandgaon Chhattisgarh. Appellant(s)VersusSmt. Savita Bai W o Chandrabhushan aged about 28 years at present R oVillage Kahjri Tehsil Khairagar... |
Article 14 is a positive concept and cannot be enforced in a negative manner on grounds of parity: High Court of Delhi | Article 14 of the Constitution of India is a positive concept and does not promote negative equality. Irregularity and illegality cannot be perpetuated on the ground that illegal benefits have been extended to others. Thus, if some other similarly situated persons have been granted some relief/benefit inadvertently or ... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1306 2022 & CM APPLs.3796 3797 2022 KAMLESH KUMAR JHA ..... Petitioner Through: Mr.Shreenath A.Khemka Advocate with Mr.Ganesh A.Khemka and Mr.Sumit Singh Advocates. Through: None. DIRECTORATE GENERAL BORDER ROADS AND ORS. HON BLE MR. J USTICE MANMOHAN HON BLE MR. J USTICE... |
The appellate court shall not interfere in the order of acquittal even if two plausible views arise on perusal of evidence: Allahabad High Court. | It is well-settled law that in any event when a High court is entertaining an appeal against the order of acquittal, it is in fact exercising its revisional jurisdiction and the High court should not interfere in the order unless strict material irregularity or omission of evidence and the conclusion arrived at would n... | Court No. 37 Case : GOVERNMENT APPEAL No. 1920 Appellant : State of U.P Respondent : Anil Kumar Jaisal Counsel for Appellant : G.A Hon ble Dr. Kaushal Jayendra Thaker J Hon ble Ajai Tyagi J Per : Ajay Tyagi J Heard learned A.G.A. for the State and perused the record. This appeal under Section 378 of Code of Criminal Pr... |
The court rejected 2nd attempt for bail as there was sufficient evidence that the petitioner was involved in the disappearance of the victim: High Court of Patna | The petitioner was arrested under Sections 302 IPC, “Punishment for murder whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine”, section 201, “Causing disappearance of evidence of the offence, or giving false information to screen offender”, section 120-B of t... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 234121 Arising Out of PS. Case No. 10 Year 2019 Thana DHANAHA District West Champaran Jifrul Haque Ansari @ Jafrul Ansari @ Jayfirul Haque Ansari @ Jayfirul Ansari aged about 26 years Male Son of Mustafa Ansari Resident of Village Khalwa Patti Kathar T... |
The Court is not inclined to grant pre-arrest bail to the petitioner as she was arrested under Sections 498A, 304B,120/34IPC: High court of Patna | The petitioner in connection with Maner PS Case No. 589 of 2016 dated 30.12.2016, was arrested under section 498A Indian Penal Code, “Husband or relative of husband of a woman subjecting her to cruelty.” section 304B, “Dowry death”, section 120, “Concealing design to commit an offense punishable with imprisonment”, an... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 355820 Arising Out of PS. Case No. 589 Year 2016 Thana MANER District Patna Arti Kumari aged about 22 years Female Daughter of Sri Rajeshwar Rai Resident of Village Jivrakhan Tola Goraiya Asthan PS Maner District The State of Bihar ... Petitioner s ...... |
Courts to take necessary steps to protect violent patients under the Mental Healthcare Act, 2017: Delhi High Court | The Mental Healthcare Act had been enacted so as to promote and protect the full rights of persons suffering from mental illness. The present petition of Kalyani Chattopadhayay v Govt. of NCT Delhi [W.P.(C) 4131/2021] pivoted around the issue of the violent acts by the petitioner’s son diagnosed with schizophrenia. The... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 7th May 2021 W.P.(C) 4131 2021 & CM APPL.12566 2021 KALYANI CHATTOPADHAYAY Through: Mr. Akhil Sachar and Ms. Sunanda Tulsyan Advocates.Petitioner GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Anupam Srivastava ASC Mr. Satya Ranjan Swain Sr. Panel ... |
The relief of monetary claims under Section 20 of the Domestic Violence Act is ancillary relief: Kerala High Court | If no right of the parties is decided conclusively in the proceedings, then outcome, if any, of such proceedings cannot be treated as an outcome of adjudication. This was said in the case of Mahin Kutty v. Anshida [Mat.Appeal.No.739 OF 2014] by Mr.Justice A.Muhamed Mustaque And Dr.Justice Kauser Edappagath in the High ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE THE HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH FRIDAY THE 09TH DAY OF APRIL 2021 19TH CHAITHRA 1943 Mat.Appeal.No.739 OF 2014 AGAINST THE ORDER IA 315 2014 IN O.P.NO.506 2013 DATED 07 08 2014 OF FAMILY COURT MUVATTUPUZHA MAHINKUTTY S O.A... |
Habeas Corpus writ petition dismissed because of vulnerability in testimony: Kerala High Court | Vulnerability in the testimony occasioned by the mental disturbance caused the dismissal of the writ petition by the Kerala High Court. The bench of Hon’ble Justice K Vinod Chandran and Justice MR Anitha gave judgment in the case of Dr. Kailas Natarajan vs. The District Police Chief [WP (crl.) no. 309 of 2020] stating... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY THE 20TH DAY OF JANUARY 2021 30TH POUSHA 1942 WP(Crl.).No.309 OF 2020 DR. KAILAS NATARAJAN AGED 52 YEARS S O.NATARAJAN RESIDING AT KALPAKAM. FFRA 03A S.N. COLLEGE JN. KOLLAM DISTRICT 691 ... |
Seniority could not be claimed, if one is not a trained teacher as on the date of appointment: Supreme Court | Keeping in view the principle laid down in Vaijanath’s case, Madhavi was qualified for appointment as a temporary teacher as she was a graduate and also possessed B.Ed. degree. Her appointment was thus in accordance with Section 5(5) of the Act, so was the appointment of the other private respondents. However, Chagan c... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3966 OF 2020 ARISING OUT OF SLPNO. 9611 OF 2019) CHAGAN & ORS. W I T H CIVIL APPEAL NO. 3967 OF 2020 ARISING OUT OF SLPNO. 10046 OF 2019) A N D CONTEMPT PETITIONNO. 647 OF 2020 SLPNO. 10046 OF 2019 JUDGMENT HEMANT GUPTA J. The present appeals are directed against the... |
Power of the Court is supervisory in nature and the jurisdiction is not that of an appellate body: Supreme Court of India. | The principle of judicial review which is apposite in such case is indeed that of power of the Court being supervisory in nature and the jurisdiction not being that of an appellate body. The challenge to the legality of the decision-making process must be appreciated with reference to relevant well-known inputs. Quite ... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7720 OF 2021 Arising out of SLPExamination 2015 held on 21 February 2016 this face came to notice that the correct option of answer of one question is Shri Kailash Yadav Panchayati Raj Minister of Uttar Pradesh State had Shri Yadav not expired on 09th February 2016 i... |
Powers of Section 482 CrPC should only be used in “Rarest of the rare” cases: Bombay High Court | The judgment of conviction cannot be set aside in an appeal/revision only on the ground that the parties have entered into a compromise under Section 482 of the CrPC. The Bombay High Court (Nagpur branch) gave the judgment citing the above stated reasons in the case of Saumaya Sanjay Khandare & Anr vs. State of Mah... | on 13 03 2018 on 22 03 (1) Cri. Appln. No. 03818 IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH AT AURANGABAD. Criminal Application No. 03818 District : Parbhani 1.Udhav s o. Kisanrao Ghodse Age : 54 years Occupation : Labourer.2.Kundlik s o. Sheshrao Kadam Age : 36 years Occupation : Agriculture. 3.Shanta... |
The provision of disqualification based on having more than two living children have been held to be not ultra vires: Jharkhand High Court | The clause of disqualification based on possessing more than two living children has been ruled unconstitutional when it pertains to disqualification from holding 4the office of Sarpanch, Up-Sarpanch and Panch. if the person having more than two living children. The judgement was passed by the High Court of Jharkhand i... | IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5318 Rajesh Kumar Verma son of Late Ram Kumar Verma aged about 38 years resident of Ved Narayan Lane Kachahri Road P.O G.P.O P.S Kotwali Town and District Ranchi. …. Petitioner 1.The State of Jharkhand through the Chief Secretary having office at Project Building Dhu... |
Factors which imply that the accused might flee from justice must not be neglected: Delhi High Court | If the court granting bail ignores relevant materials indicating prima facie involvement of the accused or takes into account irrelevant material, which has no relevance to the question of grant of bail to the accused, the High Court or the Sessions Court would be justified in cancelling the bail. This was held by Hon’... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 612 2021 IN THE MATTER OF: Date of decision: 16th AUGUST 2021 ..... Petitioner Through Ms. Meenakshi Chauhan APP for the SUBRAMONIUM PRASAD J. AKSHAY DAGAR ALIAS SHAKTI Through Mr. Anirudh Yadav Advocate ..... Respondent HON BLE MR. JUSTICE SUBRAMONIUM PRASAD The State ... |
The status quo in religious demographic profile may have to be maintained. – Madras High Court | A critical or even a harsh statement pertaining to religion or religious beliefs coming from a rationalist or a reformist or an academic or an artist would stand on a different footing altogether. The shield of fundamental right guaranteed under the Constitution under Article 19(1)(a) would be available to them. These ... | BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 07.01.2022CORAMTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHANCrl OP(MD)No.110221andCrl MP(MD)No.56321Fr.P.George Ponnaiah ... Petitioner Accused No.2Vs.1.The Inspector of Police Arumanai Police Station Kanyakumari District Kanyakumari. ... 1st respondent complainant2.Samu... |
Writ petition against the Corrigendum by SPSC for amending the Advertisement dismissed by the Court: Hon’ble High Court Of Sikkim | The court dismissed the writ petition against the corrigendum issued by SPSC for amendment of the advertisement printed a month ago. The Hon’ble High Court of Sikkim before Hon’ble Mr. Justice Bhaskar Raj Pradhan held such in the matter of Dechen Ongmu Bhutia & Anr. Vs. Sikkim Public Service Commission & Anr.[W... | S.B: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE THE HIGH COURT OF SIKKIM : GANGTOK Civil Extra Ordinary Jurisdiction) W.P.No.118 1. Ms. Dechen Ongmu Bhutia D o Lakpa Tshering Bhutia R o Development Area Opp. Rhenock House East Sikkim 737101. 2. Ms. Bindhya Chettri D o Naina Singh Chettri R o Dambu Dara Namchi So... |
P.A. Jacob vs. Superintendent of Police | Introduction: This 1992 case dealt with fundamental rights of speech and expression intricately and at length. The petitioner was stopped from using a loudspeaker at a religious congregation by the withdrawal of approval by the Sub-inspector of Police, and the petitioner alleged violation of his freedom of speech and ... | P.A. Jacob vs The Superintendent Of Police ... on 27 July 1992 Kerala High Court P.A. Jacob vs The Superintendent Of Police ... on 27 July 1992 Equivalent citations: AIR 1993 Ker 1 Author: C S Nair Bench: C S Nair ORDER Chettur Sankaran Nair J 1. Claiming a fundamental right to use a loud speaker at public meetings to ... |
Baijnath And Ors. V/s. State of Madhya Pradesh | If the prosecution fails to demonstrate by cogent coherent and persuasive evidence to prove such fact, the person accused of either of the above referred offences cannot be held guilty by taking refuge only of the presumption to cover up the shortfall in proof. BRIEF FACTSAND PROCEDURAL HISTORY: The information was lod... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1097 OF 2016 NO.9718 OF 2014 BAIJNATH & OTHERS .…APPELLANTS STATE OF MADHYA PRADESH ....RESPONDENT JUDGMENT AMITAVA ROY J The appellants the in laws of the deceased Saroj Bai being aggrieved by the conversion of their acquittal into conviction by the High Court... |
“Commercial speech” is a part of the freedom of speech and expression but malicious falsehood cannot become freedom of speech: High Court of Delhi | Court will not restrain the publication of an article even though it is defamatory when the defendant says he intends to justify it or to make fair comment on a matter of public interest. The public at large has a right to receive the “Commercial speech”. “Commercial speech” is a part of the freedom of speech and expre... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 16th February 2022. CS(OS) 656 2021 FIITJEE LIMITED VIDYA MANDIR CLASSES LTD. & ORS. Through: Mr. Sudhir Nandrajog Sr. Adv. with Mr. Ankit Jain Mr. Mohit Gupta Mr. Vishal Saxena Mr. Abhay P. Singh Ms. Meenakshi Garg Mukesh Goyal Mr. Dilip Arya and Mr. Aayush Kumar ... |
No investigation is permitted by police officer unless a Magistrate orders in case of non-cognizable offence – Calcutta High Court | In the case of Babul Supriyo Vs State of West Bengal & Anr. [CRR 903 of 2017 with I.A No: CRAN 2 of 2017] Calcutta High Court held that it is expected from a representative of the people that he must be courteous in his behaviour, dignified in his manners and cautious on his words spoken by him. In the wake of a po... | IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon’ble JUSTICE BIBEK CHAUDHURI CRR 9017 With I.A No: CRAN 17 Old No:CRAN 18017) CRAN 17 Old No:CRAN 28417) CRAN 17 Old No:CRAN 47317) CRAN 18 Old No:CRAN 9818) CRAN 18 Old No:CRAN 16818) CRAN 119 Old No:CRAN 26219) BABUL SUPRIYO VS STATE... |
“Response to the query would be an answer either affirmative or negative, depending on the available records…”: Appellate Authority, SEBI, Part 3. | Further, in the matter of Shri Shantaram Walavalkar vs. CPIO, SEBI (Decision dated January 17, 2013), it was noted that the Hon’ble CIC held: “… we would also like to observe that, under the Right to Information (RTI) Act, the citizen has the responsibility to specify the exact information he wants; he is not supposed ... | Appeal No. 42921 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 42921 Swaminath Singha CPIO SEBI Mumbai The appellant had filed an application dated April 02 2021under the Right to Information Act 2005against the said response dated May 07 2021.... |
The warrants either bailable or non-bailable should never be issued by Courts without proper scrutiny of facts and complete application of mind: High Court of Delhi | The attendance of the accused respondent can be best secured by issuing a bailable warrant or non bailable warrant and it is a matter which rests entirely in the discretion of the court. Although, the discretion is exercised judiciously, it is not possible to Computerize and reduce into immutable formulae on the basis ... | VIA VIDEO CONFERENCING) IN THE HIGH COURT OF DELHI AT NEW DELHI 24th January 2022 CRL.M.C. 176 2022 AFZAL AHMED Petitioner Through: Mr. Aditya Aggarwal Adv. and Mr. Ankit Mutreja Adv. STATE Through: Ms. Rajni Gupta APP for the State. Respondent HON BLE MR. JUSTICE RAJNISH BHATNAGAR RAJNISH BHATNAGAR J. This is a petiti... |
Roles of directors must be specified if allegations are made holding them liable for the conduct of the company: High Court of Telangana | The Hon’ble Justice B. Vijaysen Reddy judged a case dealing with section 138 of the Negotiable Instruments Act, where he held that “Mere assurance of payment or selection of jewelry cannot be the basis to rope in the petitioners. It is vaguely stated in the complaint that the petitioners are directors and responsible f... | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD CORAM: THE HON’BLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.82311 Delivered on: 10 06 2021 Smt.Akkinapalli Sujatha & others ... Petitioners The State of Telangana. Public Prosecutor High Court of Telangana Hyderabad & another ... Respondents For Petit... |
Section 9 of the Arbitration and Conciliation Act, 1996 vests wide powers with the Court for granting interim orders, at all stages of an arbitration proceeding: Delhi High Court. | Section 9 of the Arbitration and Conciliation Act, 1996 said that a party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court. The judgment was given by the High court of Delhi in the case of Narangs I... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th August 2021 O.M.P.(I)294 2021 & I.A. 10860 2021 NARANGS INTERNATIONAL HOTELS PRIVATE LIMITED ..... Petitioner Through: Mr. Kapil Sibal & Mr. Akhil Sibal Senior Advocates with Mr. Kshitiz Garg Mr. Anshum Jain and Mr. Rahul Kochal Advocates. DELHI INTERNATION... |
To establish a false promise, the maker of the promise should have had no intention of upholding his word at the time of giving it: Tripura High Court | Where it is wrong to agree to marry and where the manufacturer does not want to keep the promise itself, but rather to mislead the woman to get her to enter into sexual intercourse, a misconception arises that the woman’s consent is vitiated. On the other hand, it cannot be said that a violation of a contract is a mist... | HIGH COURT OF TRIPURA Crl. Petn. No.11 2020 Sri Jayanta Chakraborty S O. Sri Jogesh Ch. Chakraborty Resident of flat C 3 Mayangan Apartment 2nd Floor 3 1 B.G. Ghosh Sarani Bhadra Kali Hooghli West Bengal Pin 712232 P.S. Uttar Para C O OTPC ONGC Tripura Power Ltd. Palatana Gomati District. Present address Gouri Hotel U... |
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