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Opportunity for re-evaluation of answer sheets cannot be claimed by candidates in any examination as a right: The High Court of Delhi | In the absence of any specific provision conferring such a right upon an examinee to have her answer books revaluated, no such direction can be issued by the Court. Admittedly, there is no provision in the Rules of the CBSE that provides for revaluation by an independent examiner and therefore, such a prayer cannot be ... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7183 2020 & CM APPLs. 24289 2020 27918 2020 SHREEM MITTAL ..... Petitioner Date of decision: 31st May 2021 Through: Mr. Anshul Kumar and Mr. Parwesh Kumar Advocates. CENTRAL BOARD OF SECONDARY EDUCATION Respondent Through: Ms. Seema Dolo Advocate. HON’BLE MR. JUSTICE PRA... |
What constitutes inherent power under Section 482 Cr.P.C. has not been laid down as the Code is silent on this issue.: Meghalaya High Court | The High Court has got ample power to exercise its inherent jurisdiction when it comes to righting a wrong for securing ends of justice and also to prevent abuse of the process of the Court as held by the High Court of Meghalaya through the learned bench led by Hon’ble Mr. Justice W. Diengdoh in the case of Shri Kitbok... | Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn. No. 20 Date of Decision: 01.12.2021 Shri Kitbok Rymbai Vs. State of Meghalaya & 3 Ors. Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) For the Respondent(s) i) Whether approved for reporting in Law journals etc.: Ms. A.D. Syi... |
Refusal to follow the direction given by the High Court would result in denial of justice and it would be destructive of basic principles in the administration of justice: Chhattisgarh High Court | If a law has been established by the High Court, it is binding and must be followed by all authorities involved, whether executive or judicial. The refusal to implement the High Court’s instruction would constitute a denial of justice and a violation of essential norms in the administration of justice. The judgment was... | HIGH COURT OF CHHATTISGARH BILASPUR Misc. Civil Case No.1321 Arising out of order dated 10 12 2020 passed in W.P.(Cr.)No.540 2020 Order reserved on: 19 3 2021 Order delivered on: 7 6 2021 1. State of Chhattisgarh Through the Principal Secretary Government of Chhattisgarh Department of Law & Legislative Affairs Mantrala... |
Natural guardians are not required to furnish security under rule 422 of the Bombay High Court (OS) Rules: Bombay High Court | The father and mother are natural guardians and in the matter of interpretation of a statute, the mother’s right to act as the natural guardian does not stand obliterated. Thus, no question arises of having to furnish surety or of justifying surety for the share of a birth minor since she is already charged in law with... | on 07 04 2021 on 14 04 34 TP1701 2017.DOCAtul REPORTABLEIN THE HIGH COURT OF JUDICATURE AT BOMBAYTESTAMENTARY AND INTESTATE JURISDICTIONTESTAMENTARY PETITION NO. 1701 OF 2017Madhuri Dattprasad Pitre…PetitionerAndGovind Janardan Pitre…DeceasedMr Ashish Raghuvanshi i b Ram U Singh for the Petitioner.Mrs Chandan Bhatt Co... |
Issue of Non-Joinder of proper parties, is not sufficient enough to dismiss an appeal: Orissa High Court | “The issue of non-joinder of parties is not a pertinent issue”, this remarkable stand was forwarded by Hon’ble Orissa High Court, in a two judge bench chaired by Hon’ble Justice Mr. S.K. Panigrahi & Hon’ble Justice Mr. Sanju Panda, where a common judgment was advanced in the Writ appeal cases of Babita Satpathy &am... | ORISSA HIGH COURT CUTTACK WRIT APPEAL NO.7019 WRIT APPEAL NO.7019 WRIT APPEAL NO.7019 WRIT APPEAL NO.7019 Appeals against the orders dated 29.11.2019 passed by the learned Single Judge in W.P(C) Nos.16711 of 2016 22369 of 2015 18904 of 2015 and 18768 of 2015) In W.A No.7019 Babita Satpathy & others Appellants Versus S... |
Court allows bail to the petitioner on attempt to murder: Karnataka High Court | The criminal petition filed under section 438 of CR.P.C ( direction for grant of bail to person apprehending arrest) seeking enlargement on bail for the offence punishable under section 307 ( attempt to murder) read with section 34 of IPC ( acts done by several persons in furtherance of common intention) and sections 3... | 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.319 2022 … PETITIONER BETWEEN: S O PUTTEGOWDA AGED ABOUT 30 YEARS RESIDING AT KAPANIGOWDANADODDI VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGAR DISTRICT 562 117. BY SRI D.R.... |
Under Section 498A active involvement has to be proved beyond a reasonable doubt: Supreme court of India | From the evidence on record, it is clear that there are no external injuries apart from the ingle ante-mortem injury i.e. ligature mark around the neck, and the cause of death is shown as asphyxia. It was also submitted by the appellate that when the incident took place he was working at ICICI bank which is 40 Km away ... | SLP(Crl.) No. 2786 of 2019 REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1628 OF 20 Arising out of SLPNo.2786 OF 2019 Mirza Iqbal @ Golu & Anr. ...Appellant(s State of Uttar Pradesh & Anr ...Respondent(s JUDGMENT R. SUBHASH REDDY J. This Criminal Appeal is filed aggrieved by the order dated 10.... |
Delay in issuance of Degree Certificate would not invalidate the candidature of UPSC aspirant: Delhi High Court | The Issue is whether delay in issuance of degree certificate due to COVID-19 pandemic, after the aspirant had passed the UPSC would invalidate his/her candidature. This was decided in the case of Tejaswini Khajuria v. Union of India, on December 9, 2021, by Hon’ble Mr. Justice Prateek Jalan in W.P. (C) No. 13790/2021 ... | 36IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 13790 2021 & CM APPL. 43514 2021 Date of Decision: December 09 2021 TEJASWINI KHAJURIA Petitioner Through: Mr. Anand Varma with Ms. Apoorva Pandey Advocates. UNION OF INDIA & ORS. Respondents Through: Mr. Ruchir Mishra with Mr. Ramneek Mishra Advocates for R1 UOI and R ... |
Reassessment based on mere change of opinion is not justified : Karnataka High Court | The tax payer should not be allowed to take advantage of an oversight or mistake committed by an Assessment Officer. The High Court bench consisting of Hon’ble Chief Justice Abhay S. Okay, Hon’ble Justice R. Devadas and Hon’ble Justice Sachin Shankar Magadum postulated upon the scope of Section 142 of the Income Tac Ac... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY 2021 THE HON’BLE MR. ABHAY S. OKA CHIEF JUSTICE THE HON’BLE MR. JUSTICE R. DEVDAS THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT APPEAL NO. 11415Dell India Private Limited Now Dell International Services India Private Limited) Divyashre... |
No person shall open a new private market or continue to keep open a private market unless he has obtained a license from the Village Panchayat : High Court of Kerala | No person shall open a new private market or continue to keep open a private market unless he has obtained a license from the Village Panchayat to do so. Such, license shall be got renewed by the licensee every year. The village panchayat may grant the license applied for subject to certain conditions or refuse renewal... | W.P.(C) No. 23404 2015 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY THE 18TH DAY OF MARCH 2022 27TH PHALGUNA 1943 WP(C) NO. 23404 OF 2015 NADANKUZHY HOUSE PULLUVAZHI P.O. VIA PERUMBAVOOR PIN 683 541 SRI.PRATAP ABRAHAM VARGHESE NANGELIMALIL PULLUVAZHI VIA PERUMBAVOOR PIN 683... |
Separability is Applicable in case it does not affect the Intention of the Transaction: National Company Law Appellate Tribunal, Principal Bench, New Delhi | Considering a group of transactions, the rule of separability as a principle which can be applied only if it does not affect the main aim and intention of the transaction and only if the objectionable part can be severed without affecting the validity of the remaining part, was considered by the NATIONAL COMPANY LAW AP... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI Company Appeal(Insolvency) No. 3521 Arising out of Order dated 01 09.03.2021 passed by the Adjudicating Authority National Company Law Tribunal) New Delhi Principal Bench in Company Petition No.300(PB 2020) IN THE MATTER OF: S.A.R.E Public Company Limite... |
A detention order will be vitiated if grounds for detention are not communicated: High Court of Jammu and Kashmir | Article 22 clause (5) of the Indian constitution grants the right to representation against a detention order. Unless the grounds for detention are communicated to the detenu, he will be unable to make effective representation and hence an order can be vitiated if the grounds are not communicated. This was held by a si... | 507 FH HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Through V.M) Case no.No. 177 2020 Reserved on 03.06.2021 Pronounced on. 28.06.21 Majid Ahmad Bhat Union Territory of J&K and ors …Petitioner Mr. G.N Shaheen adv. Through : Coram: Hon’ble Mr. Justice Ali Mohammad Magrey. Mr. Mir Suhail AAG JUDGMENT Impugned in this Hea... |
Mere marks of hanging on the body of the victim don’t mean that it was a suicide: High Court Of Patna | The petitioners were alleged of killing the informant’s daughter or their Daughter-in-Law. The FIR of the same was done by the village people and police on investigating found that the death happened due to hanging. The Court in the light of all facts and circumstances allowed the plea of the bail to the petitioners. T... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.398321 Arising Out of PS. Case No. 197 Year 2020 Thana MOHIUDDIN NAGAR District Ranjeet Kumar Mahto @ Ranjeet Mahto age about 40 years4. Kiran Devi Wife of Late Rambali Mahto age about 65 yearsfor the State 4. The petitioners apprehend arrest in connect... |
Appeals against certain identified orders of the court and arbitral tribunal play an important role: High Court Of New Delhi | Petitioner issued a Notice of Negligence under Clause 37 of the GCC against the respondent for not obeying the orders passed by them and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE VIBHU BAKHRU, in the matter STEEL AUTHORITY OF INDIA LIMITED Vs M/S SP SINGLA CO... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 05.10.2021 11857 2021 & 11858 2021 COMM.) 47 2021 and IA Nos. 11856 2021 STEEL AUTHORITY OF INDIA LIMITED ..... Petitioner Through: Mr. Joy Basu Sr. Advocate with Mr. Ashish Rana Mr Kanak Bose and Mr. Anurag K Singh Advocates M S S.P. SINGLA CONSTRUCTIONS Throug... |
Courts would relegate to arbitration, unless the dispute is ex-facie barred by limitation and there is no issue to be adjudicated: High Court of Delhi | It is only in cases where there is no vestige of doubt that the claims are barred by limitation that the Court would decline the request for appointment of an Arbitrator. It is now well settled that unless the Court finds that ex-facie the dispute is barred by limitation and there is no issue to be adjudicated, the Cou... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16.02.2022 ARB.P. 597 2021 & IA 8049 2021 IA 14329 2021 GAILLIMITED Petitioner Through Mr Junior Luwang Advocate. M S RATHI STEEL AND POWER LTD. Respondent Through Mr Sanjoy Ghose Senior Advocate with Mr anand Shankar Jha Mr Arpit Gupta Mr Rhishabh Jetley Mr Gi... |
Areas where the District Council Courts exercises jurisdiction, the Judge District Council Court exercises powers similar to that of a District Judge: High Court of Meghalaya | The District Council Courts are conferred with powers and jurisdiction to try suits and cases between members of the Scheduled Tribes community residing within the territorial jurisdiction of such courts as upheld by the High Court of Meghalaya through the learned bench led by Justice W. Diengdoh in the case of Smti. C... | Serial No. 01 Regular List FA. No. 19 HIGH COURT OF MEGHALAYA AT SHILLONG Smti. Clarinda Momin Vs. Smti. Brishmony G. Momin Date of Decision: 28.10.2021 Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) For the Respondent(s) i) Whether approved for reporting in Law journals etc.: Mr. A.H. Hazarika A... |
Absconder can seek anticipatory bail: Himachal Pradesh High Court | According to section 82 of Crpc the offender who has run away can seek anticipatory bail as it does not create “any riders nor imposes any restriction” on them, thus making it clear that an ‘absconder’ can approach for anticipatory bail. This remarkable judgement was passed by Himachal Pradesh High Court in the case of... | Hig h C o urt of H.P on 01 11 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACr. MP(M) No. 16820Reserved on: 25th September 2020Date of Decision: 26th October 2020 Mahender Kumar...Petitioner.VersusState of Himachal Pradesh ...Respondent.Coram:The Hon’ble Mr. Justice Anoop Chitkara Judge.Whether approved for repor... |
Rape Survivors need not undergo “two-finger test” and identity of the victim should not be revealed in proceedings or judgment: Jammu & Kashmir High Court | Identity of the rape survivors is not be disclosed in the proceedings and judgments. Further, all the health professionals are strictly directed to desist from practicing the “two finger test” or “pre-vaginum examination” on the rape survivors. The Jammu & Kashmir high court presided over by C.J. P. Mithal & J.... | HIGH COURT OF JAMMU AND KASHMIR AT JAMMU through virtual mode) Reserved on: 14.12.2020 Pronounced on: 24.12.2020 SLA No.38 2018 Through : Mr. Aseem Sawhney AAG Through : None HON’BLE THE CHIEF JUSTICEHON’BLE MR. JUSTICE SANJAY DHAR JUDGE State of J&K Mohd. Imran Khan Coram: Sanjay Dhar J The State has sought leave to f... |
Sole Arbitrator Cannot Be Appointed Solely By One Party: High Court Of New Delhi | The present petition before this Court is to appoint sole Arbitrator under 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 comprising HON’BLE MR. JUSTICE SURESH KUMAR KAIT, in the matter PRET STUDY BY JANAK FASHIONS PRIVATE LIMITED... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26.10.2021 ARB.P. 1049 2021 & I.A.13814 2021 PRET STUDY BY JANAK FASHIONS PRIVATE LIMITED Through Ms.Vanika Gupta Adv. Petitioner DHANI LOANS AND SERVICES LIMITED Respondent Through Ms.Sangeeta Sondhi Ms.Ruchi Gour Narula & Mr.Gorang Goyal Advs. HON BLE MR. JUS... |
In cases of Writ in the nature of Mandamus, necessary arrangements should be made to do a fruitful investigation: Calcutta High Court | In respect of the issue of mortgaged property and restoration of possession, it was found that the dispute was of civil nature between the private parties. 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 Bharadw... | 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 ... |
Concurrent findings of fact of first appellate court cannot be interfered with by the High Court in exercise of its jurisdiction u/s 100 of CPC: High Court of Delhi | The power of the High Court to interfere in second appeal under section 100 Code of Civil Procedure is limited solely to decide a substantial question of law, if at all the same arises in the case and the same was upheld by High Court of Delhi through the learned bench led by Justice Prathiba M. Singh in the case of RA... | 22 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th January 2022 RSA 12 2022 & CM APPLs. 4984 2022 4985 2022 RAMESHWAR SINGH Through: Mr. Devraj Singh Advocate. ..... Appellant THE CHIEF SECRETARY GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR. JUSTICE PRATHIBA M. SINGH Through: None. ..... Respo... |
“Appellant files appeal after approximately eight months after the last date permissible under the RTI Act.”: SEBI, Part 2. | The respondent, in response to the query number 1, informed the number of complaints received by SEBI against Anugrah Stock Broking Pvt Ltd., during the period from April 01, 2020 to September 15, 2020. With respect to query numbers 2 and 4, the respondent informed that SEBI will not be able to confirm/deny the existen... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Aarti Harshad Patil CPIO SEBI Mumbai The appellant had filed an application dated September 12 2020 under the Right to Information Act 2005 of the RTI Act an aggrieved person ... |
Government Order in the case of compassionate ground appointment may be accepted from another legal heir of the deceased Government servant – Madras High Court | “The application submitted by the appellant after a lapse of 16 years, cannot be considered”. These were stated by double bench of Hon’ble Mr. Justice M. Duraiswamy & Hon’ble Mr. Justice J. Sathya Narayana Prasad in the case of G.G.Sharma v. The Director of School Education & Ors. (W.A. No.1127 of 2021) The fat... | W.A. No.11221IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.12.2021CORAM :THE HON BLE MR. JUSTICE M. DURAISWAMYANDTHE HON BLE MR. JUSTICE J. SATHYA NARAYANA PRASADWrit Appeal No.11221G.G.Sharma...AppellantVs. 1.The Director of School Education DPI Complex College Road Chennai 600 006.2.The Chief Education Officer ... |
Appellant has 8 queries regarding Karvy’s closure cum transfer application: SEBI, Part 4. | It was found that the said queries cannot be construed as seeking ‘information’ as defined under section 2 (f) of the RTI Act. In this context, reference is made to the matter of Vineet Pandey vs. CPIO, United India Insurance Company Limited (Judgment dated January 21, 2021), wherein similar observations were made by t... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Ashok Kumar Agarwala CPIO SEBI Mumbai The appellant had filed an application dated May 25 2021under the Right to Information Act 2005 held that “The Commission observes that t... |
Conviction on the same day will not render vote of the Legislative Assembly Member invalid : Supreme Court | A vote cast by a member of the Legislative Assembly will not be considered invalid, consequent upon his/her disqualification arising out of a conviction. The Supreme Court bench consisting of Hon’ble Chief Justice S A Bobde, J. A S Bopanna and J. V Ramasubramanian decided on the matter of Pradeep Kumar Sonthalia v. Dhi... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 611 0F 2020 PRADEEP KUMAR SONTHALIA … APPELLANT(S DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR. …RESPONDENT(S CIVIL APPEAL NO. 2159 OF 2020 JUDGMENT S.A. Bobde CJI An interesting but important question of far reaching consequence arises for consideration in these appeals. ... |
Admissibility of Revision petition under Section 115 of Code of Civil Procedure, 1908 and appeal/ review of the order/judgment under section 6 of the Specific Relief Act, 1963: High Court of Delhi | The question as to the admissibility of Revision petition under Section 115 of Code of Civil Procedure, 1908 and appeal/ review of the order/judgment under section 6 of the Specific Relief Act, 1963 was examined by the High Court of Delhi, consisting of Justice Pratibha M. Singh in the matter of Balwinder Singh vs. Kam... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th December 2021 C.R.P. 86 2021 & CM APPL. 42960 2021 BALWINDER SINGH ..... Petitioner Through: Mr. Vijay Kinger Advocate. KAMAL KISHORE Through: Mr. Fateh Singh Chauhan & Ms. Respondent Kashyap JUSTICE PRATHIBA M. SINGH Prathiba M. Singh J.1. This hearing has... |
Petitioner or even Respondents do not have any legal right to undertake the execution of the work in violation of the consent/NOC granted in their favour: High Court of J&K and Ladakh | The agency in the vicinity of the road cannot undertake work without consent of the officials and against the conditions of the consent given by said officials. Thus, petitioner or for that matter respondents, to whom the contract of laying OFC has been awarded, do not have any legal right to undertake the execution of... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 21.10.2021 Pronounced on: 27.10.2021 WP(C) No.1836 2021 CM No.6129 2021 ASHIQ HUSSAIN & CO. ...PETITIONER(S) Through: Mr. N. A. Ronga Advocate. UT OF J&K & OTHERS …RESPONDENT(S) Through: Mr. M. A. Chashoo AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE ... |
Minors shall be permitted to donate living organ or tissue on exceptional medical grounds : Delhi High Court | The eligibility to donate under exceptional medical grounds requires to be determined based on various factors like medical fitness, case circumstances by the competent authorities. This was held in the judgment passed by a single judge bench comprising HON’BLE MS. JUSTICE REKHA PALLI , in the matter SAURAV SUMAN, M... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 10292 2021 SAURAV SUMAN THROUGH HIS MOTHER MRS. BABY DEVI Date of Decision: 27.09.2021 Petitioner Through Mr. Prasoon Kumar Adv. GOVERNMENT OF NCT OF DELHI AND ANR...... Respondents Through Mr. Naushad Ahmed Khan ASC GNCTD for R 1 Mr. Sanjay Poddar Sr. Adv. with Mr. Siddh... |
The words ‘to secure the ends of justice’ in S.482 IBC, cannot mean to overlook the undermining of a statutory dictate: Supreme Court | While addressing a dispute regarding the order of the High Court under IBC and the order of NCLAT, NCLT the Supreme Court held that as per section 482 of the IBC, the High Courts cannot support the breach of a statutory provision and undermine the dictate of a provision. This judgment was in the case of Sandeep Khaitan... | SANDEEP KHAITAN RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LTD. … APPELLANT(S IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.447 OF 2021 Arising out of SLPNo. 15421) JSVM PLYWOOD INDUSTRIES LTD. & Anr. … RESPONDENT(S) VERSUS JUDGMENT K.M. JOSEPH J. Leave granted. 1. The appeal is directed agains... |
Employee’s qualification plays an important role in selection process -: High Court Of Calcutta | The original applicants failed to secure minimum qualifying cut off marks, so both the respondent were not selected for the job through the interview process, this was held in the judgment passed by a single bench judge comprising The Hon’ble Justice Soumen Sen and The Hon’ble Justice Hiranmay Bhattacharyya, in the mat... | IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE The Hon’ble Justice Soumen Sen The Hon’ble Justice Hiranmay Bhattacharyya WPST 61 Of 2020 The Public Service Commission W.B & Anr. Minarul Islam Mondal WPST 620 The Public Service Commission W.B. & Anr. Pronob Mandal & Ors. For the Petitioner... |
Petitioner denied custody of minor child on the ground of remarriage: Karnataka High Court | A Petitioner denied custody of minor child on the ground of remarriage in a custody battle between two muslim spouses.The High Court denied interim custody to father of the said child on the ground of his remarriage as the court was convinced that a stepmother would not provide same care and affection as own mother.Thi... | IN THE HIGH COURT OF KARNATAKA BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2021 THE HON BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.16885 OF 2021(GM FC) 1 … PETITIONER MOHAMMED MUSHTAQ G K S O KHADER HUSSAIN AGED 39 YEARS R AT OVAIS HOUSE NO.23 1ST MAIN 1ST CROSS SOMESHWARANAGAR JAYANAGAR 1ST BLOCK BANGALORE 560... |
Failure to effectively communicate the grounds of detention and resultant deprivation of the right to make representation against the same vitiates the detention order: High Court of J&K and Ladakh | Grounds of detention being drawn up in English and an affidavit filed on behalf of the detaining authority is not a sufficient compliance with the mandate of Article 22(5) which requires that the grounds of detention must be communicated to the detenu. This was upheld by Hon’ble High Court of J&K, while observing a... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR {WPNo. 80 2021} Reserved on 13.09.2021 Pronounced on 03.11.2021 Through: Mr. G.N Shaheen adv. Mohammad Illiyass Sheikh UT of J&K and anr Judgment Through : Ms. Asifa padroo AAG Hon’ble Mr. Justice Ali Mohammad Magrey. Impugned in this Heabus Corpus petition with a pr... |
Teacher who attains the age of superannuation mid-year has right to re-employment – Supreme Court | In the case of Navin Chandra Dhoundiyal Vs State of Uttarakhand And Ors [Civil Appeal No. 3493/2020] Supreme Court held that the very object and intent of the proviso to Statute No.16.24 is to avoid the disruption caused by discontinuity of service of a teaching staff employee or official mid-session. Several appeals w... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3493 2020 ARISING OUT OF SLPNO. 10943 2020 NAVIN CHANDRA DHOUNDIYAL STATE OF UTTARAKHAND AND ORS CIVIL APPEAL NO. 3494 2020 ARISING OUT OF SLPNO. 11189 2020 CIVIL APPEAL NO. 3495 2020 ARISING OUT OF SLPNO. 11055 2020 CIVIL APPEAL NO. 3496 2020 ARISING OUT OF SLPNO. ... |
IBC can not intended to be a substitute for recovery forum : NCLAT | Wherever there is the existence of a real dispute, the IBC provisions cannot be invoked. The Object of the Code is not recovery of money but to bring out of insolvency and maximization of value of assets of the Corporate Debtor. The judgment passed by the NCLAT New Delhi, in its decision in Anshul Vashishtha vs. Jayhi... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Company Appeal(Insolvency) No. 6520 Arising out of Order dated 13.03.2020 passed by the Adjudicating Authority National Company Law Tribunal) Indore Bench at Ahmedabad in CP IN THE MATTER OF: Anshul Vashistha Shareholder & Director of M s.Saturn Prefab India Pvt. Ltd S ... |
Circumstantial evidences must be conclusive in nature: Supreme Court | The circumstantial evidences must be conclusive in nature and must leave no room for doubt. The incriminating circumstances must point out sufficient reasonable certainty on the established facts, which connect the accused with the commission of crime. This principle was upheld by the honorable Supreme Court presided b... | NON REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1008 OF 2010 ...APPELLANT(S) R. DAMODARAN VERSUS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ...RESPONDENT(S) JUDGMENT Rastogi J. The accused appellant was charged for offence under Section 302 IPC for the murder of his own wife Nirmala Mary... |
Asserting a fact for the purpose of getting bail and denying the same while seeking leniency by revision cannot be entertained: Jharkhand High Court | In a case where bail is granted by asserting one fact , denial of the same fact cannot be a ground for seeking leniency and modifying the sentence passed by the trial court. A single-judge bench comprising of Justice Anubha Rawat Choudhary adjudicating in the matter of Sushil Marandi v. The State of Jharkhand (CRIMINAL... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.1312 Sushil Marandi Son of Lal Marandi resident of Village Bishunpur P.O. Bishunpur P.S. Littipara District Pakur Versus Petitioner 1. The State of Jharkhand 2. Rajina Hansda D o Ramu Hansda … … Opposite parties CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ... |
Evidence of solitary eye-witness should be of sterling quality, so that there is no doubt regarding the complicity of the Appellant: Odisha High Court | It is a well-settled principle of law that evidence has to be weighed and not counted. So, a solitary eye-witness can be relied upon to convict a person. The evidence of solitary eye-witness should be of sterling quality so that there is no doubt regarding the complicity of the Appellant as stated by the witnesses in t... | HIGH COURT OF ORISSA: CUTTACK. CRA No.2198 From the judgment of conviction and order of sentence dated 18th August 1998 passed by Sri A.K. Parichha learned District and Sessions Judge Ganjam Gajapati Berhampur in S.C. No.3397. Ramachandra Sahu Appellant. Versus Respondent. State of Orissa For Appellant Mr. B.K. Ragada ... |
“Law cannot recognise different varieties of cruelty as Hindu cruelty,Muslim cruelty,Christian cruelty or secular cruelty to justify a decree for divorce”: Kerala High Court | “Law cannot recognise different varieties of cruelty as Hindu cruelty,Muslim cruelty,Christian cruelty or secular cruelty to justify a decree for divorce”: Kerala High Court The issue whether law can recognise different varieties of cruelty based on religion regardless of the fact that personal laws fall within the pur... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY THE 21ST DAY OF JANUARY 2022 1ST MAGHA 1943 MAT.APPEAL NO.1119 OF 2015 AGAINST THE ORDER JUDGMENT IN OP 1339 2009 OF FAMILY COURT MARY MARGRET AGED 51 YEARS D O.M.T.JOHN MANAKKIL HOUSE ... |
Adoption under Hindu laws requires consent of the wife – Allahabad High Court | While adjudicating upon a case passed an order stating that if a Hindu Man wants to adopt a child the consent of his wife is necessary. Even if the husband and wife are living separately and are not divorced in such cases the consent of the wife is necessary. If the consent is not obtained, then the adoption will not ... | Court No. 66 A.F.R Case : WRIT A No. 103017 Petitioner : Bhanu Pratap Singh Respondent : State Of U.P. And 2 Others Counsel for Petitioner : Lal Behari Yadav Kamla Kant Srivastava Kshitij Shailendra Rajesh Kumar Srivastava Counsel for Respondent : C.S.C Hon ble J.J. Munir J In this writ petition parties have exchanged ... |
Appropriate compensation for disability should take care of all the non-pecuniary damages of a minor: Rajasthan High Court | Appropriate compensation for disability should take care of all the non-pecuniary damages. The compensation awarded should enable the child to acquire something or to develop a lifestyle which will offset to some extent the inconvenience or discomfort arising out of the disability. This assertion was made by the Rajast... | on 17 01 2021 at 07:18:00 PM HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPURS.B. Civil Miscellaneous Appeal No. 5421 2018HDFC Ergo General Insurance Company Ltd. through Manager Branch Office Plot No. 711 4 K.C. Complex Fourth Floor Daulatbagh Ajmerhaving its Local Office at Office No. 2 Third Floor C 99 Singhv... |
Defect in investigation cannot be the sole ground to acquit an accused: Madras High Court | Mere lapse on the part of the prosecution should not lead to unmerited acquittal subject to rider that in such a situation evidence on record should be clinching acquittal. If the evidence of the victim is credible and trustworthy, then the conviction is permissible solely on such an evidence. This was decreed by the M... | Crl.A.No.921IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON : 25.03.2021PRONOUNCED ON: 06.07.2021CORAM:THE HONOURABLE MR. JUSTICE P.VELMURUGANCrl.A.No.921Elumalai ...AppellantVs.The Inspector of Police Varanjaram Police Station Villupuram District.(Crime No.805)...Respondent This Criminal Appeal is filed under Sec... |
The Court is inclined to allow the prayer for pre-arrest bail as there is no direct evidence as to prove the offence by the petitioners: High court of Patna | The petitioner was taken into custody under Section 498A IPC, “Husband or relative of husband of a woman subjecting her to cruelty”, section 504, “Intentional insult with intent to provoke breach of the peace”, section 34 of the Indian Penal Code, “Acts done by several persons in furtherance of common intention” and 3/... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 47621 Arising Out of PS. Case No. 39 Year 2020 Thana MAHILA P.S. District Patna 1. Kiran Devi aged about 50 years Female Wife of Sri Anjani Kumar Singh Anjani Singh. 2. Anjani Kumar Singh @ Anjani Singh aged about 55 years Male Son of Late Ambika Singh... |
The court’s interpretation of a statute cannot be with eyes closed to practical realities and have to be construed in proper perspective: Calcutta High Court | The judgments of conviction and sentence impugned in the present appeal are vitiated by errors of law as well as fact and based upon an erroneous interpretation of the provisions of the POCSO Act as well as the IPC. Such an opinion was held by the Hon’ble High Court of Calcutta before the Hon’ble Justice Sabyasachi Bha... | In the High Court at Calcutta Criminal Appellate Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya C.R.A. No.4518 IA No: CRAN 20 Ranjit Rajbanshi The State of West Bengal and others Mr. Pratip Kr. Chatterjee Ms. Aiswarjya Gupta Mr. S. G. Mukherjee ld. PP Ms. Faria Hossain Ms. Baishali Basu For th... |
Application to condone the delay in filing the review petition allowed for having sufficient cause- Manipur high court | Application to condone the delay in filing the review petition allowed for having sufficient cause- Manipur high court Sufficient cause was found in the delay of filing the review petition by 215 days and application was allowed by a single judge bench of HON’BLE MR. JUSTICE M.V. MURALIDARAN in the case of Dr. Khwaira... | IN THE HIGH COURT OF MANIPUR AT IMPHAL MC[Rev.P.(J2)] No.19 Ref: Rev.Petn. No. in El. Petn. No.17 Through Video Conference) Dr. Khwairakpam Loken Singh aged about 57 years S o Kh. Kulla Singh Resident of Sega Road Tekhellambam Leikai P.S. & P.O. Imphal District Imphal Manipur 795001 …. Applicant s Versus Shri Rajkumar... |
In a commercial dispute, a notice asking for arbitration ought not to be construed too strictly: Calcutta High Court | A notice seeking for arbitration of dispute between the concerned parties should not be shrouded with technicality. The bench in Universal Consortium of Engineers v Sri Kanak Mitra AP 279 of 2020 has delved into the domain of parties seeking arbitration. The single judge bench of Arijit Banerjee J. opined that a notice... | IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction Original Side) AP 2720 Universal Consortium of Engineers Pvt. Ltd. Sri Kanak Mitra & Anr. Before: The Hon’ble Justice Arijit Banerjee For the Petitioner For the Respondents Heard On CAV On Judgment On 12.02.2021 07.04.2021 Mr. Uday Chandra Jha Adv. Mrs. Maheswar... |
For conviction, weapon recovery is not essential: Delhi High Court | The issue was in this case was whether a man found guilty of murder can be convicted when the weapon of crime was not recovered which was dealt by a bench of Delhi High Court consisting of Justice Manoj Kumar Ohri in the matters between Saleem Khan v State (GNCTD) CRL. A. 491/2020 decided on 5.1.2022. The facts of thi... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 491 2020 Reserved on : 01.12.2021 Date of Decision : 05.01.2022 IN THE MATTER OF: SALEEM KHAN THE STATEThrough: Mr. B. Badrinath Advocate ..... Appellant Respondent Through: Mr. Ashok Kumar Garg APP for State HON BLE MR. JUSTICE MANOJ KUMAR OHRI VIA VIDEO CONFERENCING) JU... |
Every agreement after the Initial Agreement between the State Electricity board and Consumer is supplementary or an Extension: Supreme Court | On a dispute regarding the interpretation of Jharkhand State Electricity Regulatory Commission Regulations, 2005 it was decided that as per the code, every agreement between the board and consumer is not a fresh one rather only an extension or supplementary to the First agreement. This Judgment was passed by the Hon’bl... | The respondent is a small scale industry. For it had a contract the appellantsJharkhand State Electricity Board Regulations 2005 read with Section 50 of the Electricity Act 2003 framed the Jharkhand State Electricity Regulatory Commission Regulations 2005 which came into effect from of contract demand sanctioned load ... |
Bail once granted should not be cancelled in a mechanical manner without considering: High Court Of New Delhi | The present bail application has been filed by the petitioner under Section 439 Cr. P.C and the same issue was held in the judgement passed by a single bench judge HON’BLE MR. JUSTICE RAJNISH BHATNAGAR, in the matter KELVIN GEORGE KATINDASA V. NARCOTICS CONTROL BUREAU dealt with an issue mentioned above. Briefly stated... | IN THE HIGH COURT OF DELHI AT NEW DELHI VIA VIDEO CONFERENCING BAIL APPLN. 3149 2020 Pronounced on : 09.11.2021 KELVIN GEORGE KATINDASA Through: Mr. J.S. Kushwaha Advocate NARCOTICS CONTROL BUREAU Through: Mr. P.C. Aggarwal Advocate HON BLE MR. JUSTICE RAJNISH BHATNAGAR RAJNISH BHATNAGAR J The present bail application ... |
Leaving no stone unturned to repay the loan cannot be a ground for exemption: Patna High Court | The petitioner cannot be given any undue advantage of the fact that he/she tried all possible ways to repay the loan amount and it amounts to maliciously and unnecessarily engaging in vexatious litigation without there being any legal basis to do so. This remarkable judgment was given by the Hon’ble Mr. Justice Mohit K... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.58520 M s Naturals DairyLtd. A Company registered under the Companies Act 1956 having its registered office at 225 Ashoka Place Exhibition Road P.S. Gandhi Maidan Town and District Patna through its Managing Director Sri Hemant Kumar Das son of Sr... |
When there is a violation of principles of natural justice, the availability of an appellate remedy does not operate as a bar to the maintainability of the writ petition : Delhi High Court | An assessment order requires to meet all the requirements of the Act, which includes mandatory issuing of cause notice as well as draft assessment order. This was held in the judgment passed by a two judge bench comprising HON’BLE JUSTICES MR. JUSTICE MANMOHAN and MR. JUSTICE NAVIN CHAWLA, in the matter NOVELTY MERCHAN... | IN THE HIGH COURT OF DELHI AT NEW DELHI NOVELTY MERCHANTS PRIVATE LIMITED Date of Decision: 02.09.2021 Through: Mr.Subash Agarwal Mr.Aneesh Mittal Adv NATIONAL FACELESS ASSESSMENT CENTRE DELHI EARLIER NATIONAL E ASSESSMENT CENTRE DELHI Through: Mr.Ajit Sharma Sr. Standing Counsel with Mr.Anant Ram Mishra Adv HON BLE MR... |
All schools to issue No-Objection Certificate for general/mutual transfer within four weeks to teachers who file such an application unless barred by law: Calcutta High Court | The High Court at Calcutta before the Hon’ble Justice Abhijit Gangopadhyay removed the Headmistress of the Gandhi Memorial Girls’ High School from her position, and thereby, denuded the Headmistress of the school from all her powers, demoting her to act as the Assistant Teacher of the school, in the matter of Aparna Mu... | IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side The Hon’ble Justice Abjijit Gangopadhyay WPA 171519 Aparna Munshi State of West Bengal & Ors. WPA 65921 Gandhi Memorial Girls’ High School & Anr. The State of West Bengal & Ors. For the petitioner For the State respondents For the respondent ... |
Where the wife has sufficient income to maintain herself, she will not qualify for getting alimony for herself: Calcutta High Court. | Within the contemplation of section 36 of the Special Marriage Act, a wife will not qualify for getting alimony for herself, if she has sufficient income to maintain herself. A single Judge bench comprising Hon’ble Justice Sabyasachi Bhattacharyya, in the matter of Sri Samit Kapoor Vs. Punam Kapoor Nee Bansal (C.O. No.... | In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya C.O. No. 11621 Sri Samit Kapoor Punam Kapoor Nee Bansal C.O. No.5221 Punam Kapoor Nee Bansal Sri Samit Kapoor For the petitioner in C.O. No.11921 and Opposite party in C.O. No.5221 For the opposite pa... |
Every High Court shall have superintendence over all courts and tribunals throughout the territories: High Court Of New Delhi | The present petitions were filed under Article 227 of the Constitution of India impugn the order dated 7th October 2021 and email dated 12th October 2021 of the sole arbitrator, and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE AMIT BANSAL, in the matter TELECOM... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th October 2021 CM(M) 958 2021 TELECOMMUNICATION CONSULTANTS INDIA LIMITED Through Mr. Amit Meharia Mr. Abinash Agarwal and Mr. Akshat Goel Petitioner B. R. SUKALE CONSTRUCTION Through Mr. Ankur Gupta Advocate. Respondent CM(M) 959 2021 TELECOMMUNICATION CONS... |
Courts are supposed to decide cases on merits and not on technicalities: High Court of Uttarakhand. | The liberal approach has to be adopted in such matters to do complete justice between the parties, particularly in cases where the other side can be compensated with costs. A single Judge bench comprising Hon’ble justice Manoj Kumar Tiwari, in the matter of Mohd. Yunus Vs. Sri Naveen Jha (WRIT PETITION (M/S) No. 806 of... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 16TH DAY OF AUGUST 2021 HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI WRIT PETITIONNo. 8021 Mohd. Yunus. ...Petitioner By Mr. T.P.S. Takuli Advocate) Sri Naveen Jha. By Mr. Siddhartha Sah Advocate) ...Respondent Respondent sought release of a shop by filing an application u... |
Bank guarantees cannot be interdicted on account of mere contractual disputes between the parties: High Court of Delhi | It is well settled that a bank guarantee can be interdicted only in exceptional circumstances. Mere contractual disputes cannot be asserted to give rise to special equities. The expression “special equities” is not nebulous. It means peculiar or special circumstances which result in irretrievable injustice. These speci... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 19th May 2021 O.M.P.(I)158 2021 KUBER ENTERPRISES Through Mr Tarkeshwar Nath Advocate. ..... Petitioner DOOSAN POWER SYSTEMS INDIA PVT LTD Through ..... Respondent CORAM: HON BLE MR. JUSTICE VIBHU BAKHRU Hearing held through videoconferencing] VIBHU BAKHRU J.IA ... |
Law does not expect instigation to be in a specific structure or that it should just be in words: High Court of Allahabad | The Penal Code ends up being relevant regardless of whether the abettor is absent when the offence abetted is committed given that he has instigated the commission of the offence or has connected with at least one or more different people in a conspiracy to commit an offence and in accordance with that conspiracy, the ... | Court No. 11 Case : CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U S 438 CR.P.C. No. 2922 Applicant : Dr. Rajeev Gupta M.D Opposite Party : State Of U.P. Thru. Sp Cbi Acb Naval Counsel for Applicant : Purnendu Chakravarty Counsel for Opposite Party : Anurag Kumar Singh Hon ble Krishan Pahal J 1. Heard Sri Purnendu Chakr... |
Strong suspicion cannot take the place of proof: Supreme Court of India | Accused cannot be held convicted on the ground of suspicion, no matter how strong it is. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. Supreme Court of India upheld the judgment of the High Court and acquitted the accused convicted on the charges of murder in the case of The Stat... | Reportable IN THE CRIMINAL APPELLATE JURISDICTION Special Leave PetitionNo.1156 2021 The State of Odisha ...Petitionerof the Cr.P.C. The prosecution appears to have examined 9 witnesses. There are no eye witnesses to the incident. The deceased had apparently died in a room held by the Accused Respondent No.1. The Accu... |
Courts are concerned with the decision-making process, not just the decision: Supreme Court | While dismissing an appeal, the Supreme Court bench refrained from going into comparing individual merits. The Bench stated that in the matter of judicial reviews, the courts are concerned with the process of decision making and not just the decision itself. This was held by the Supreme Court Bench comprising of Justi... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 401 OF 2022 ARISING OUT OF SLP(CIVIL) NO. 30370 OF 2017 SUSHIL KUMAR …. APPELLANT(S) THE STATE OF HARYANA & ORS. .... RESPONDENT(S) JUDGMENT PAMIDIGHANTAM SRI NARASIMHA J. Leave granted. This Civil Appeal arises out of the final judgment and order dated 29.07.2015 of... |
If members of a tribe voluntarily choose to follow Hindu customs, traditions and rites they cannot be kept out of the purview of the provisions of the Hindu Marriage Act, 1955: High Court of Delhi. | There are Codified statutes and laws that provide various protections to parties against any unregulated practices from being adopted. A single Judge bench comprising Hon’ble Justice Prathiba M. Singh, in the matter of Satprakash Meena Vs. Alka Meena (CM APPL. 332/2021), dealt with an issue where a petition was filed w... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 3rd June 2021 Date of Decision: 07th July 2021 C.R.P.1 2021 and CM APPL. 332 2021 SATPRAKASH MEENA Through: Mr. F.K. Jha Advocate. Petitioner ALKA MEENA Through: Mr. Abhinav Gupta & Mr. Nitesh Respondent Ranjan Advocates. JUSTICE PRATHIBA M. SINGH Prathiba M. Singh ... |
Authentication of Power of Attorney adversely affects the sales deed: Supreme Court of India | The execution and authentication of power of attorney, having not been proved, adversely affects the sale deed. If there is no clarity in the authentication of such delegation of rights, it adversely affects the sales deed further made and questions the title over the suit property. This proclamation was made by the Su... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.94710 A.SUBRAMANIAN & ANR ...APPELLANT(S ...RESPONDENT(S JUDGMENT ASHOK BHUSHAN J This appeal has been filed by the defendants in the civil suit challenging the judgment dated 28.04.2009 of Madras High Court in Second Appeal No.39 of 2009 by which judgment the High Co... |
The parents of the deceased are always considered as dependent upon their children: High Court of Delhi | Even if the parents are not dependent on their children at the time of the accident, they will certainly be dependent, both financially and emotionally, upon their children at the later stage of their life, as the children were dependent upon their parents in their initial years. It would be unfair as well as inequitab... | A 14 IN THE HIGH COURT OF DELHI AT NEW DELHI MAC. APP. 1075 2018 SUKHDEV PRASAD Appellant Date of Decision: 25th May 2021 Through: Mr. Rajesh Dabas Advocate TOKIO GENERAL INSURANCE CO. LTD)..... Respondents SUNIL KUMAR & ORSThe petitioner has challenged the award dated 02nd August 2018 passed by the Claims Tribunal whe... |
Parties to proceed in a manner which balances the respondent’s precarious financial position with the larger national interest: Delhi High Court | Respondent’s exacerbating financial troubles could not simply be brushed aside and had to be considered in the light of the fact that it had completed significant portions of the project by then and had invested enormous sums in doing so. Being mindful of this, the Court had urged the parties to proceed in a manner whi... | Via Video Conferencing IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 04.12.2020 O.M.P.484 2020 M S NHPC LTD. Petitioner Through: Ms. Maninder Acharya ASG with Mr. Viplav Acharya Mr. Krishnesh Bapat Mr. Shikhar Kishore Mr. Gauhar Mirza Mr. Prakhar Deep Mr. Nishant Doshi & Mr. Manavendra Gupta Advocates M S ... |
Supreme Court orders RBI and Ministry of Finance to implement loan moratorium rules | With COVID 19 being declared as a pandemic by the World Health Organisation, Ministry of Finance and the RBI collectively took decisions to ease the issues faced by borrowers which were not implemented to their best, the Apex Court orders for further implementation. This remarkable judgement was passed by the bench of... | IN THE CIVIL ORIGINAL JURISDICTION WRIT PETITIONNO.825 OF 2020 GAJENDRA SHARMA ...PETITIONER(S UNION OF INDIA AND ANR. ...RESPONDENT(S JUDGMENT ASHOK BHUSHAN J By this writ petition filed under Article 32 of the Constitution the petitioner has prayed for directions declaring the notification dated 27.03.2020 issued by ... |
To arise a right under the Bank Guarantee Agreement, a demand has to be made within the validity period and not during the claim period: Kerala High Court | It is settled law that invocation of the Bank Guarantee after the validity period but within the claim period, is perfectly lawful and ought to be respected. But the HC cleared that the petitioner cannot have any advantage by the incorporation of a clause in terms of the said Exception 3 to Section 28 of the Indian Con... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY THE 26TH DAY OF APRIL 2021 6TH VAISAKHA 1943 WP(C).No.22760 OF 2019(T COCHIN PORT TRUST REPRESENTED BY ITS CHIEF ENGINEER WILLINGTON ISLAND COCHIN ERNAKULAM 682 009 SRI.PAULOSE C. ABRAHAM BANK OF INDIA DADARBRANCH 294 S.K. BOLE RAOD NR... |
Bail should be granted or rejected on the basis of prima face conclusions and not detailed examinations: High Court of Delhi | The Court need not conduct detailed examinations before granting or rejecting a bail petition, it must be done on the basis on prima facie indications of whether the accused is likely to influence the course of investigation or threaten the witnesses. This was held in the judgement passed by a single member bench of th... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN.2659 2021 Date of decision: 16th AUGUST 2021 IN THE MATTER OF: AMIT KANSAL ..... Petitioner Through Mr. Pradeep Singh Rana Advocate with Mr. Inderpreet Singh Mr. Nitin Bansal Advocates THE STATE..... Respondent HON BLE MR. JUSTICE SUBRAMONIUM PRASAD Through Ms. Kusum ... |
PARKASH SINGH BADAL AND ANR V/S STATE OF PUNJAB AND ORS | Factually conceded that the expression “notwithstanding the jurisdiction of other Special Judges in the State of Punjab” is not necessary The factual scenario of these cases is concerned appellant Sri Parkash Singh Badal was at the relevant point of time the Chief Minister of the State of Punjab, Smt. Surinder Kaur is ... | Appeal186 of 2001 Special Leave Petition2436 of 2000 DR.SURAJMANI STELLA KUJUR Vs DURGA CHARAN HANSDAH & ANR DATE OF JUDGMENT: 14 02 2001 K.T.Thomas R.P.Sethi SETHI J Leave granted. Who is a "Hindu" for the purposes of the applicability of the Hindu Marriage Act 1955 hereinafter referred to as "the Act") is a question... |
Not paying maintenance to wife causes “Economic Abuse”: Tripura High Court | Denial of maintenance to wife causes “Economic abuse” under section 3 of the Domestic Violence Act. Tripura High Court gave the decision and upheld the judgment of the Additional Sessions Judge in the case of Ramendra Kishore Bhattacharjee vs. Smt.Madhurima Bhattacharjee [Crl.Rev.P.No.36 of 2020] by the bench of Hon’bl... | HIGH COURT OF TRIPURA Crl.Rev.P.No.320 Ramendra Kishore Bhattacharjee Son of Late Santi Gopal Bhattacharjee Resident of Badharghat Sreepalli P.S. Amtali District West Tripura Smt.Madhurima Bhattacharjee Wife of Ramendra Kishore Bhattacharjee C O Sri Tapan Bhattacharjee of Ramnagar Road No.4 P.S: West Agartala District:... |
Medical Termination of pregnancy after 26 weeks allowed in case of minor’s rape: High Court of Kerala | The court said that in the case of a rape victim who has not attained the age of majority, the medical termination of pregnancy can happen even after the gestational period of 26 weeks by Hon’ble Justice Justice P.V.Asha of High Court of Kerala in the case ABC vs. State of Kerala and Ors. [Civil Writ Petition No.29209 ... | WP(C).No.29209 OF 2020(A IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY THE 04TH DAY OF JANUARY 2021 14TH POUSHA 1942 WP(C).No.29209 OF 2020(A AGED 37 YEARS AGED 34 YEARS AGED 15 YEARS BY ADV. SRI.ADITHYA RAJEEV STATE OF KERALA REPRESENTED BY SECRETARY MINISTRY OF CHILD WELFARE THY... |
Kerala State electricity Board and ANR. V/S Kurien E. Kalathil and ANR. | The court stated that referring the parties to arbitration has serious civil consequences procedurally and substantively The Appellant-Kerala State Electricity Board, entered into an agreement on 16.09.1981 with respondent- contractor for construction of a composite dam. After commencement of work, Government of Kerala... | Appeal186 of 2001 Special Leave Petition2436 of 2000 DR.SURAJMANI STELLA KUJUR Vs DURGA CHARAN HANSDAH & ANR DATE OF JUDGMENT: 14 02 2001 K.T.Thomas R.P.Sethi SETHI J Leave granted. Who is a "Hindu" for the purposes of the applicability of the Hindu Marriage Act 1955 hereinafter referred to as "the Act") is a question... |
The court cannot doubt oral deposition made by natural witnesses who were present during the scene of the crime: High Court of Sikkim | Natural witnesses who were present at the time of the relevant events gave oral depositions. Except for the fact that the defense had not been able to prove the weapon of offence, their testimony cannot be questioned. This auspicious judgment was passed by The High Court Sikkim in the case Sudeep Rai vs. State of Sikki... | THE HIGH COURT OF SIKKIM : GANGTOK Criminal Appellate Jurisdiction) SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE Crl. A. No. 020 Sudeep Rai Aged about 23 years Son of Kalu Singh Rai Resident of Segeng Busty Mangalbaria West Sikkim. Presently at Central Prisons Rongyek. ….. Appellant State of Sikkim …... |
A group administrator cannot be held liable for an act of member who posts objectionable content, unless there is a common intention or pre-arranged plan: Bombay High Court | A group administrator cannot be expected to presume or to have advance knowledge of the criminal acts of the member of the group. In the absence of a specific penal provision creating vicarious liability, an administrator of a WhatsApp group cannot be held liable for objectionable content posted by a member of a group.... | on 22 04 2021 on 25 04 1 13APL 573.16NO. 573 OF 2016APPLICANT : Kishor S o Chintaman Tarone Agedabout 33 years R o Sawar Tola TahsilArjuni Morgaon District Gondia. ...VERSUS...NON APPLICANTS : 1.The State of Maharashtra ThroughP.S.O. P. S. Arjuni Morgaon District Gondia.2.Mrs.Rachanatai W o ChameshwarjiGahane Aged abo... |
Provisional attachment of bank accounts by investigative agencies cannot be extended without reasonable cause: High Court of Bombay | Under the purview of the provisional attachment of bank account, a government agency cannot extend the time beyond a legally established time period without a valid justification. This was decided in the High court of Bombay in the case of Goodmartric Export Pvt. Ltd and another v. Union of India and Ors. [Writ Petitio... | IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITIONNO.94899 OF 2020 Goodmatric Export Pvt. Ltd. and another Union of India and others Mr. Brijesh Pathak i b. Ms. Yogita V. Gogar for Petitioners Mr. Pradeep Jetly Senior Advocate a w. Mr. J. B. Mishra for Respondents P.C. :to the General ... |
Shiva Karam Payaswami Tewari V. State Of Maharashtra | “Human mind is not a tape recorder which records what has been spoken word by word. The witness should be able to say as nearly as possible actual words spoken by the accused” [Case Brief] Shiva Karam Payaswami Tewari V. State Of Maharashtra Case name: Shiva Karam Payaswami Tewar... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2009 Arising out of S.L.P.No.17008 Shiva Karam Payaswami Tewari State of Maharashtra JUDGMENT Dr. ARIJIT PASAYAT J Leave granted Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court upholding the conviction of the appellan... |
Petition under Article 227 of the Constitution challenging the proceedings under Chapter IV of the DV Act would be maintainable: The High Court of Jammu & Kashmir and Ladakh | There is no bar in entertaining a petition under Article 227 of the Constitution even in orders passed by criminal courts. The condition laid down is that there must be manifest miscarriage of justice occasioned, and that power is not to be exercised to correct a mistake of fact and of law. The aforesaid has been follo... | HIGH COURT OF JAMMU & KASHMIR & LADAKH AT SRINAGAR CM(M) No.142 2021 CM No.6342 2021 Reserved on: 23.09.2021 Pronounced on: 11.10.2021 Bilal Ahmad Ganai & ors. Through: Mr. M. A. Qayoom Advocate Sweety Rashid & ors. v. Mr. Mohsin Qadri Sr. Advocate with Ms. Ahra Syed Advocate. Hon’ble Mr. Justice Ali Mohammad Magrey Ju... |
Hearing by one Authority and passing orders by another Authority is impermissible: Telangana High Court | Facts would reveal that one Commissioner of GHMC had conducted a hearing and on his transfer, his successor had passed the impugned order. Hearing by one Authority and deciding the matter or passing the order by another authority is impermissible. Such an observation was made by the Hon’ble Telangana High Court before ... | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD CORAM: THE HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2879 OF 2020 Delivered on: 25 11 2021 Sri Mohammed Jahangir & another .. Petitioners The Greater Hyderabad Municipal CorporationRep.by its Commissioner Hyderabad & others .. Respondents For Petitioners... |
The proceedings before a Claims Tribunal are in the nature of an enquiry and the standard of proof is of a lesser degree than in proceedings of civil nature: High Court of J&K and Ladakh | Merely because the Claims Tribunal while deciding the claim petition has come to the conclusion that there has been a lack of care on the part of the petitioner does not lead to a conclusion that the petitioner was solely responsible for the accident. A fact in a proceeding before the Claims Tribunal has to be proved o... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on:29.09.2021 Pronounced on: 11.10.2021 ALI MOHAMMAD MIR Through: Mr. Shabir Ahmad Dar Advocate. OWP No.1232 2017 STATE OF J&K & ORS. Through: Mr. B. A. Dar Sr. AAG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE Petitioner has challenged Government Ord... |
When a process of examination is challenged, it is proper on the part of the Courts to leave the matters to the experts – Orissa High Court | In the cases where the Court finds that experts were consulted for an issue with respect to any examination and that the experts after having applied their mind and knowledge has come to a decision then Court should not interfere with such decision except in the case where the decision made by the experts is found to b... | W.A. No.247 OF 2021 C O R A M: SHRI JUSTICE S. K. MISHRA MISS JUSTICE SAVITRI RATHO AND W.A. Nos. 247 246 254 255 257 258 259 264 265 266 and 2921 Appellant. W.A. No.2421 Kedar Sahukar Versus Secretary Board of Secondary Education Odisha Cuttack Ors. W.A. No.2421 Reena Giri Versus Secretary Board of Secondary Education... |
Cancellation of bail order is justified, if the order suffers from perverse finding: High Court of Karnataka | The cancellation of bail order can be done in cases where the order of granting bail suffers from serious infirmities resulting in miscarriage of justice. If the court granting bail ignores the relevant material indicating prima facie involvement of the accused or takes into account irrelevant material, which has no re... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF APRIL 2021 THE HON BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.24821 BETWEEN: MR. BRIJMOHAN K.S. AGED ABOUT 48 YEARS S O K.L. SWAMY RESIDING AT M s. KHODAY RCA INDUSTRIES KHODAY ESHWARSA AND SONS) No.11 RACE COURSE ROAD OPPOSITE TO RAILWAY DI... |
Maintenance to wife must be fixed in regard to earning capacity of husband: High Court of Jammu and Kashmir | When a man is ordered by the court to pay maintenance to support his wife who cannot maintain herself, his earning capacity should also be taken into consideration to ensure that he does not become impoverished and unable to look after his own needs. This was held in the judgement passed by a single member bench of the... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CRMno. 72 2020 CrlM no. 162 2020 c w CRMC no. 13 2019 CrlM no. 178 2019 Reserved on 11.05.2021 Pronounced on 17.06.2021 Virtual mode) Ehsan Ali dar ii) Nissar Hussain Dar and others Through: Mr Salih Pirzada Advocate …. Petitioner(s) Nighat Banu and another ii) Nighat Banu an... |
In the event that an appeal is filed, the issue of limitation will not prevent the appeal from being adjudicated on the merits: Patna High Court | In the event that an appeal is filed where party is permitted to prefer appeal, the issue of limitation will not prevent the appeal from being adjudicated on the merits is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of S... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.43421 Shankar Uranw Son of Lutharu Uranw Resident of Village Gamhariya Police Station Manpur District West Champaran ... Petitioner s The Chairman Indian Oil Corporation Ltd 3079 03 J.B. TiTO Marg Sadique Nagar New Delhi The Executive Director Ind... |
A reopening notice u/s 148 of the Income Tax Act, 1961 issued in the name of a deceased assessee is null and void: High Court of Delhi | The sine qua non for acquiring jurisdiction to reopen an assessment is that such notice should be issued in the name of the correct person. This requirement of issuing notice to a correct person and not to a dead person is not merely a procedural requirement but is a condition precedent to the impugned notice being val... | W.P.(C) 9227 2021 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17.01.2022 Petitioner Through Mr.Jitender Kumar Adv. INCOME TAX OFFICER Respondent Through Mr.Sanjay Kumar Sr.SC with Ms.Easha Kadian Adv. HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA J.The petition has been heard... |
A mistake by a lawyer cannot work to the detriment of the client: High Court of Delhi | The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. This was held in the case of Saddam Hussain v Ram Prasad and Ors, [CM (M) 81/2021] by Hon’ble Justice Pra... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 9th March 2021 SADDAM HUSAIN CM81 2021 Through: Mr. C. M. ..... Petitioner Patel Advocate M:7683041412) Mr. Faiz Imam AdvocateThrough: Mr. Pankaj Seth Advocate. ..... Respondents RAM PRASAD AND ORS. JUSTICE PRATHIBA M. SINGH Prathiba M. Singh J(Oral) 1. This he... |
The mortgage of the secured creditor gets prior charge over the charge for Tax/VAT dues: Bombay High Court | Even if Section 26-E was effective only prospectively from 24th January 2020 and not applicable to the facts at hand, that would not make any difference; as according to us Section 31-B of the RDB Act itself would be sufficient to give priority to a secured creditor over the Respondent’s charge for claiming tax dues. T... | 1 WPST 92816 2020 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITIONNO. 92816 OF 2020 State Bank of India a body corporate constituted under the provisions of State Bank of India Act 1955 having its Corporate Centre at State Bank Bhawan Madame Cama Road Mumbai 400 021 and its Bra... |
NCLAT to reconsider balance sheet as an acknowledgement under Section 18 of the Limitation Act, 1963. | While hearing an appeal petition in the case of Bishal Jaiswal Vs Asset Reconstruction Company (India) Ltd & Anr (Company Appeal (AT) (Insolvency) No. 385 of 2020) the three- judge bench referred the case of V. Padamakumar Vs. Stressed Assets Stabilization Fund (SASF) & Anr. (Company Appeal (AT) (Ins) No. 57 of... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Company Appeal(Insolvency) No. 3820 IN THE MATTER OF: Bishal Jaiswal Residing at: Balarampur Purulia Rangadih West Bengal 723143 2. Corporate Power Limited Asset Reconstruction CompanyLtd Having its Registered Office at: The Ruby 10th Floor 29 Senapati Bapat Marg DadarM... |
Mandatory Duty of the proposer to disclose pre-existing ailments to the Insurer- Supreme Court | In the case of Branch Manager, Bajaj Allianz Life Insurance Company Ltd and Others v. Dalbir Kaur, (Civil Appeal No. 3397 of 2020), the Supreme Court had held that a proposer who seeks to obtain a policy of life insurance is duty-bound to disclose all material facts bearing upon the issue as to whether the insurer wou... | CA 3397 2020 Reportable IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No. 33920 Arising out of SLPNo. 106520) Branch Manager Bajaj Allianz Life Insurance Company Ltd and Others Dalbir Kaur JUDGMENT Dr Dhananjaya Y Chandrachud J Leave granted. This appeal arises from the judgment and order dated 20 March 2020 of the ... |
The subsequent election will be subject to orders: Kerala High Court | The election which is scheduled to be held on 22.02.2022, will be subject to orders passed by the District Election Officer. This was held by the single judge bench of Justice Anu Sivaraman in the case of Smiji Binoj & Ors. v District Collector & Ors. in WP (C) No. 2684 of 2022, decided on 15th of February, 2... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY THE 15TH DAY OF FEBRUARY 2022 26TH MAGHA 1943 WP(C) NO.2684 OF 2022 PETITIONERS : SMIJI BINOJ AGED 43 YEARS W O. BINOJ CHIRAYATH HOUSE KANJANI THRISSUR DISTRICT 680 612. SANGEETHA BINOY KUNNATHULLY HOUSE P. O. KANJANI THRISSUR DI... |
“the requested information is exempt under section 8(1)(j) of the RTI Act…”: SEBI, Part 1. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Satyendra Kumar Pandit v CPIO, SEBI, Mumbai (Appeal No. 4375 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Informatio... | Appeal No. 43721 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43721 Satyendra Kumar Pandit CPIO SEBI Mumbai The appellant had filed an application dated May 31 2021under the Right to Information Act 2005against the said response dated July 01 ... |
There is a difference between grant of bail under section 439 Cr.P.C. and grant of bail, post-conviction: Sikkim High Court | If the short-term sentence is allowed to run during the pending of the appeal, the appeal itself will become for all practical purposes, infructuous, so far as the appellant is concerned. Such an opinion was held by The Hon’ble High Court of Sikkim before The Hon’ble Mr. Justice Bhaskar Raj Pradhan in the matter of Pem... | THE HIGH COURT OF SIKKIM : GANGTOK Criminal Appeal Jurisdiction) SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE I.A. No. 21 Crl. Appeal No. 121 Pema Tshering Bhutia S o Pempa Bhutia Permanent Resident of Phensong P.S. Mangan North Sikkim. ….. Appellant State of Sikkim Application under Section 389(1) o... |
Investigating Agency and Court should not be made an instrument to submit to the jurisdiction of a Court which actually has none: Delhi High Court | To harass the other party, the Investigating Agency and Court should not be made an instrument of compelling a party to come to a place far away from his own place, to submit to the jurisdiction of a Court which actually has none was recorded by the Delhi High Court in the case of Ramesh Boghabhai Bhut vs State & A... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on: 23.11.2020 CRL.M.C. 1616 2020 & Crl.M.A. 10307 2020 RAMESH BOGHABHAI BHUT Petitioner Through Mr.Mohit Negi Adv. STATE & ANR. Respondent Through Mr.Panna Lal Sharma APP for the State. Mr.B.V. Niren Adv. with Mr.Kshitij Mudgal Adv. for R 2. HON BLE MR. J... |
Lenient view should be adopted by the Court during the production of documents under O. 8 R.1A(3)- Supreme Court | In the case of Sugandhi (dead) by Lrs. & ANR v. P. Rajkumar Rep. by his Power Agent Imam Oli, (CIVIL APPEAL NO. 3427 OF 2020), the Supreme Court had stated that the court should take a lenient view when an application is made for the production of the documents under subrule (3) of Rule 1A, order 8. The facts of t... | This appeal is directed against the Order dated 19.02.2019 passed by the High Court of Judicature at Madras Madurai Bench in C.R.P.(NPD)(MD)No.2609 of 2018 whereby the High Court has refusal to entertain an application under Order 8 Rule 1A(3) of the of 2014 on the file of the Principal SubJudge Pudukottai and the res... |
The Court depended on Prima Facie of the offense and excused the request and subsequently held it as not viable under Court of Law: High Court Of Patna | The Petitioner was claimed of blending the beverages in with the liquor past as far as possible. The Court denied the request and held it as not viable under the official courtroom. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Aniket Singh v. The State of Bihar[Criminal Miscella... | 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... |
Satisfying the Fetters of Section 37 of the NDPS Act is Candling the Infertile Eggs: High Court of Shimla | The ratio of the decision is that to get the bail in commercial quantity of substance, the accused must meet the twin conditions of Section 37 of NDPS Act. This honorable judgement was passed by the High Court of Shimla in the case of Surender Kumar Versus State of H.P. [Cr. MP(M) No. 675 of 2021] by The Hon’ble Mr. Ju... | Hig h C o urt of H.P on 08 04 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACr. MP(M) No. 6721Reserved on: 7th April 2021.Date of Decision: 08th April 2021.Surender Kumar ...Petitioner.VersusState of H.P. ...Respondent.Coram:The Hon’ble Mr. Justice Anoop Chitkara Judge.Whether approved for reporting 1 NO For the ... |
Res-judicata in Section 11 of the CPC prohibits the Court from trying an issue that has been in issue in a former suit between the same parties: Orissa High Court | A decision made in the suit on a vital issue involved therein to operate as res-judicata in a subsequent suit between the same parties. Such an opinion was held by The Hon’ble High Court of Orissa before The Hon’ble Mr. Chief Justice B.P. Routray in the matter of Premlal Panda Vs. Panchanan Panda and Others [WA/61/2006... | IN THE HIGH COURT OF ORISSA AT CUTTACK WRIT APPEAL No.606 From the judgment dated 19th September 2006 passed by learned Single Judge in O.J.C. No.53598. Premlal Panda Versus Panchanan Panda and Others Advocate(s) appeared in this case : For Appellant Mr. Sidharth Mishra Advocate For Respondents Mr.Satyanarayan Mohapatr... |
The writ petition will not be served by the Court after the allotment of accommodation: High Court of Shimla | When the allotment of the residential accommodation to the petitioner was subject to compliance being meted with the all the relevant rules, thereupon, the writ petitioner cannot make any contention before this Court that the extant available vacant accommodation be allotted to him. This honorable judgement was passed ... | Hig h C o urt of H.P on 24 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACOPC No. 721.Decided on : 24 th April 2021.Dr. Rattan Singh...Petitioner. VersusSh. Suneel Sharma & another ....Respondents. Coram:The Hon’ble Mr. Justice Sureshwar Thakur Judge.Whether approved for reporting 1 For the Petitioner:Mr. Parkas... |
When already an appeal was pending to be decided the court abstained from venturing into the matter: High Court of Uttarakhand. | Since there was already an appeal pending, it abstained from venturing into that prospective and the legal implications of the Recovery Citation, because the appeal was a pending consideration, which will have implications on the Recovery Citation, and hence would be one of the factors which have to be considered by th... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ PetitionNo. 15821 Amit Goyal .......Petitioner State of Uttarakhand & others …..Respondents Mr. Shubham Chhabra Advocate for the petitioner. Mr. Ajay Singh Bisht Additional CSC for the State of Uttarakhand. Hon’ble Sharad Kumar Sharma JThe petitioner has earlier approac... |
Whoever kidnaps any person and threatens to cause death or hurt to such person shall be punishable with death or imprisonment for life: High Court Of New Delhi | The petitioner challenges the order dated 18th September 2021 passed by the learned ASJ directing framing of charge for offences punishable under Section 364A IPC against the petitioner and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE MUKTA GUPTA, in the matter ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12th October 2021 Represented by: Mr.M.P.Sinha Advocate Represented by: Mr. Amit Gupta APP for State with SI Anil Kumar P.S.Ranhola HON BLE MS. JUSTICE MUKTA GUPTA JUDGMENT : (ORAL The hearing has been conducted through Physical Mode CRL.M.A. 16535 2021 (Exempti... |
Amicable settlement between the parties can be a relevant factor for reducing the quantum of sentence: Supreme Court of India | If the parties mutually decide and consensually agree to the settlement between them, then the court can consider reducing the quantum of the sentence given to the accused. The decision was taken in the case of Murali vs. State Rep. by the Inspector of Police [Criminal appeal no. 24 of 2021] citing the above-stated rea... | These connected appeals have been preferred against the judgment dated 01.11.2018 of the High Court of Madras which upheld Murali’s 341 of the Indian Penal Code 1860 with a sentence of three Page | 1 months’ rigorous imprisonment and Rajavelu’s and Krishnan Sathiyajothi) came to the aid of his friend Senthil and oppose... |
Following of procedure and complying with safeguards must be strictly adhered to: Bombay High Court | Mandate of law is required to be strictly complied in view of the grave consequences which are likely to be followed on proof of illicit article under the Act. A bench of Revati Mohete Dere J; while adjudicating the matter in Gurmeet Singh v. State of Maharashtra; [CRIMINAL APPEAL NO.351 OF 2015], dealt with the issue ... | on 31 05 2021 on 22 03 1 18 apeal.351.2015w.apeal.426.2015(J).docnsc.IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.351 OF 2015 Gurmeet Singh s o Harjinder SinghAge 28 years Indian National R o.: House No.540 Sector II Nanak Nagar Jammu(At present lodged at Nashik Central.... |
Suspension shall be ordered to Government Servants if involved in any moral turpitude under Rule 10(1)(b) of CCS (CCA) Rules, 1965: Manipur High Court | A Government servant against whom a proceeding has been taken on a criminal charge but who is not actually detained in custody may be placed under suspension. Such an opinion was held by The Hon’ble High Court of Manipur before The Hon’ble Mr. Justice Mv Muralidaran in the matter of Dr. S. Indra Singh Vs. The State of ... | P a g e | 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P.(C) No.6921 Dr. S. Indra Singh aged about 58 years old S oS. Gourachand Singh a resident of Haoreibi Mayai Leikai P.O. & P.S. Wangoi Imphal West District Manipur 795003 at present working as Deputy Director Director Sub Divisional Veterinary Hospital Jiribam. Petit... |
Emergency Parole cannot be granted to criminals accused of serious offences: Bombay High Court | Prisoner convicted of serious offences shall not be granted emergency parole, held, a division bench of Justice VM Deshpande and Justice Amit B Borkar, while adjudicating the matter in Asgar Kadar Sheikh v. Mohd. Yakub Abdul Majid Nagul; [CRIMINAL WRIT PETITION NO. 253/2021]. The petitioners are convicts for offences p... | on 28 06 2021 on 22 03 11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR.NAGPUR BENCH NAGPUR.CRIMINAL WRIT PETITION NO. 253 2021CRIMINAL WRIT PETITION NO. 253 20211]1]Asgar Kadar SheikhAsgar Kadar Sheikh Convict No. 6473Convict No. 64732]2]Mohd Yakub Abdul Majid... |
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