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No legally enforceable right accrues in favour of a successful candidate in a selection not held in accordance with law: High Court of Calcutta | The petitioner cannot reap the benefit of a selection process that was not held according to the guidelines published in the Indian Oil Corporation Limited, Siliguri Area Office brochure. This was held by the Hon’ble Justice Amrita Sinha of the Calcutta High Court in the matter of Laxmi Basfore vs. Senior Area Manager,... | IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Present : Hon’ble Justice Amrita Sinha W.P.A. No. 7019 IA No. CAN 20 Old No. CAN 23820 Senior Area Manager Indian Oil Corpn. Ltd. Siliguri Area Office & Ors For the writ petitioner Mr. Raja Basu Chowdhury Adv Mrs. Juin Dutta Chakraborty Adv For the responde... |
Soldier whose whereabouts unknown for more than 7 years, presumed dead and not a ‘deserter’: Jammu & Kashmir High Court | If any soldier’s whereabouts are unknown or who has not been heard of from the last ten years will be presumed “dead”. The Jammu & Kashmir High Court presided over by Hon’ble Justice Sanjay Dhar in the case of Madhu Devi V/s Union of India & Ors., [OWP 1440 of 2017]. Desertion is an act of abandonment of milita... | HIGH COURT OF JAMMU AND KASHMIR AT JAMMU THROUGH VIRTUAL MODE) OWP No. 1440 2017 Reserved on 17.12.2020 Pronounced on 24 .12.2020 Madhu Devi Union of India and others Through : Mr. Aseem Sawhney Advocate Through : Mr. Vishal Sharma ASGI Coram: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE JUDGEMENT The petitioner has filed the... |
Assistant Provident Fund Commissioner Versus Vijaya Bank And Ors | Corporate veil can be pierced by the authorities under a statute only where the statute itself permits lifting of corporate veil for realisation of dues thereunder The petition impugns the E-Auction Sale Notice dated 20th April, 2016 of the respondent no.1 Vijaya Bank (Bank), in pursuance to the provisions of the Secur... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26th May 2016 W.P.(C) No.4970 2016 & CM No.20687 2016No.4970 2016 & CM No.20687 2016in pursuance to the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 of the two properties at Noida of the r... |
Defendant can only participate in the complaint after Ex-Parte Opposition Decision is set aside, unable to submit a Written Statement: Orissa High Court | When an ex parte decree is set aside and the suit is restored to file, the defendants cannot be relegated back to the position prior to the date of hearing of the suit. He would be debarred from filing any written statement in the suit, but then he can participate in the hearing of the suit inasmuch cross-examine the w... | IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.14219 An application under Article 227 of the Constitution of India) Himansu Sekhar Srichandan Versus . Petitioner Sudhir Ranjan PatraJully Patra and others . Opposite Parties Advocates appeared in this case: For Petitioner : Mr. Bibekananda Bhuyan For Opposite Parties : M... |
Bail Application denied since 20 year old boy violated curfew restrictions and was not wearing a mask: Mumbai Sessions Court | The accused is 20 yr. old so he must know the critical situation of pandemic and should duly follow the guidelines issued by the local authority and police. Yet, he along with other boys took the law into his hands and failed to adhere to the guidelines issued by the State government to control the spread of COVID-19. ... | IN THE COURT OF SESSIONS FOR GR.BOMBAY AT MUMBAI BAIL APPLICATION NO.1100 OF 2021 NAVED ABID QURESHI V s The Stateof Disaster Management Act It is the case of the applicant that he has nothing to do with the alleged offence and has not committed any alleged offence. On the contrary applicant has framed on the basis of ... |
Bail to be issued on the grounds of delay of filing the FIR and the improvements made by the complainants in subsequent statements : Delhi High Court | When a crime especially when it is of a violent nature, the law is very clear and instructive in order to protect the victims, however it also provides the accused equal opportunity to prove themselves innocent as law believes in “innocent until proven guilty”. This was held in the judgment passed by a single bench jud... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 2322 2021 IN THE MATTER OF: Date of decision: 02nd AUGUST 2021 DHARMENDRA BHATI@ KALU ..... Petitioner Through Mr. Salim Malik Advocate ..... Respondent Through Mr. Amit Chadha APP for the State with SI Naresh Kumar PS Pul Prahladpur along with Complainant in HON BLE... |
Deflecting the course of judicial proceedings is an abuse of Judicial proceedings : Delhi High Court | Recourse to fraud, deflecting the course of judicial processes is an interference with the administration of justice and causes an abuse to the proceedings. This principle was asserted by the Delhi High Court in the case of Altico Capital India Limited vs. SARE Gurugram Private Limited [CS (COMM)1319/2018] by J. Mukta ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: September 21 2020 Decided on: January 12 2021 CS(COMM) 1319 2018 ALTICO CAPITAL INDIA LIMITED Plaintiff Represented by: Mr.Gopal Jain Sr.Advocate with SARE GURUGRAM PRIVATE LIMITED & ORS...... Defendants Represented by: Mr.Rajshekhar Rao Ms.Pooja Mehra Mr.Amit K Mis... |
Unequivocal confession leads to dismissal of appeal in a Rape case with minor: Meghalaya High Court | The material against the appellant, based on the deposition of the witnesses, were summarised and put to the appellant for his response in course of the exercise conducted by the trial court under Section 313 of the Code of the Criminal Procedure, 1973.These were upheld by the High Court of Meghalaya through Division b... | Serial No. 6 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Date of Order: 15.02.2022 Witnar T. Sangma @ Rambong Vs. State of Meghalaya Hon’ble Mr. Justice Sanjib Banerjee Chief Justice Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner AppellantFor the RespondentDr. N Mozika Legal Aid Counsel Mr. K Khan PP wit... |
A person can apply for bail directly to the High Court without invoking the jurisdiction of Sessions Court: Himachal Pradesh High Court | Police officers cannot arrest automatically when the offence is punishable with imprisonment for a term that may be less than seven years or which may extend to seven years, whether with or without a fine. The High Court bench consisting of J. Anoop Chitkara relied on various case laws while granting bail to the petiti... | Hig h C o urt of H.P on 31 01 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACr.MP(M) No.1421Date of Decision: January 27 2021.Parveen Kumar ...Petitioner.VersusState of H.P. ...Respondent.Coram:The Hon’ble Mr. Justice Anoop Chitkara Judge.Whether approved for reporting 1 NO For the petitioner:Mr. B.B. Vaid and Mr... |
Only if advocate on record indicates that personal allegations have been made against the members of the arbitral, they may be impleaded; or else, their names should be deleted: Madras High Court | The advocate on record must be enquired seeking to file a petition under Section 34 of the Act wherein the members of the arbitral tribunal have been impleaded as to whether any allegations of misconduct or the like have been levelled in the petition. Only then can their names be impleaded. If not, the names must be de... | O.S.A.(CAD) No.321IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26.07.2021CORAM :THE HON BLE MR.SANJIB BANERJEE CHIEF JUSTICEANDTHE HON BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHYO.S.A.No.3213i Infotech Limited Tower No.5 3rd to 6th FloorsVashi Navi Mumbai 400 703... Appellant Vs1. P.Balasubramanian2. Prabhakar Jain3. An... |
Neither the authority nor any action has been taken by the authority within the territory in respect of which this court exercises jurisdiction: Delhi High Court | It is an evident fact that if the matter is not fallen within the jurisdiction of the court then no plea shall be heard by the court of the said territory. In the recent matter of Jitendra Singh & Ors. v. Union of India & Anr. [W.P. (C) 9958/2021], the court emphasized the importance of territorial jurisdiction... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.9958 2021 Judgment delivered on: 10.09.2021 JITENDRA SINGH & ORS. ….. Petitioner UNION OF INDIA & ANR. …..Respondent Advocates who appeared in this case: For the Petitioner: Mr. V.K. Shukla Ms. Nupur Shukla Mr. D. Mishra and Mr. Anirudha Gulati Advocates. For the Respondent: ... |
The evidence of an injured eye-witness has great evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly: Supreme Court | Nobody can enter into the mind of the accused and his intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused as upheld by the Hon’ble Supreme Court through the learned bench led by Justice M. R. Shah in the case of Sadakat Kotwar and Anr. v. The Sta... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 13121 Sadakat Kotwar and Anr …Appellant(s JUDGMENT The State of Jharkhand …Respondent(s M. R. Shah J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.07.2019 passed by the High Court of Jharkhand at Ranchi in Criminal AppealNo.39... |
Arbitration clause to be invoked even in the absence of response from the defendant: Delhi High Court | The existence of arbitration clause in a contract offers guarantee to the parties that in the case of dispute, it shall be solved amicably however if one party fails to comply and adhere to the clause, this provides the right to seek its invocation in court. This was held in the judgment passed by a single bench judge ... | IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 300 2021 PINE LABS PRIVATE LIMITED ..... Petitioner Through Ms. Gurmeet Bindra Adv. ICP DIGITAL TECHNOLOGY PRIVATE LIMITED Through None ..... Respondent HON BLE MR. J USTICE C .HARI SHANKAR O R D E R29.07.2021 C .HARI SHANKAR J . ARB.P. 300 2021 Despite notice having been... |
Criminal proceedings in a matrimonial dispute quashed on the basis of a compromise between the parties: Allahabad High Court | Criminal Proceedings related to non-compoundable offences quashed on the basis of compromise between the parties involved in a matrimonial dispute. The High Court in this case was dealing with the application filed under Section 482 of the CrPC to quash the criminal proceedings that were verified by the lower court. Th... | Reserved on 14.10.2020 Delivered on 12.01.2021 Court No. 3 Case : APPLICATION U S 482 No. 197317 Applicant : Smt. Pooja Mishra Opposite Party : State of U.P. and Another Counsel for Applicant : Prashant Kumar Singh Counsel for Opposite Party : G.A Hon ble Ravi Nath Tilhari J. 1. Heard Sri Prashant Kumar Singh assisted ... |
Insurer can recover amount paid to claimant from the owner of insured vehicle if terms of insurance are violated: High Court of Jammu and Kashmir | In a motor accident, if the owner of the offending vehicle has violated the terms and conditions of the insurance policy, the insurer of the offending vehicle can recover the amount paid to the claimant from the owner of the vehicle. This was held in the judgement passed by Justice Vinod Chatterji Koul of the High Cour... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CMAM no. 182 2014 United India Insurance Company Limited Mst. Shameema and others Reserved on: 20.04.2021 Pronounced on: 22.06 .2021 Through: Mr. N. H. Khuroo Advocate Through: Mr. M. Amin Tibetbaqal Adv. for 1 None for respondent 2 and 3. HON’BLE MR JUSTICE VINOD CHATTERJI ... |
The power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest, or to decide contractual disputes: The High Court of Orissa | If the decision relating to award of contract is bona fide and is in public interest, courts will not, in exercise of power of judicial review, interfere even if a procedural aberration or error in assessment or prejudice to a tenderer, is made out. The above statement has been established by the Supreme Court in the c... | IN THE HIGH COURT OF ORISSA AT CUTTACK WRIT PETITIONNo.4500 OF 2021 An application under Articles 226 & 227 of the Constitution of India.) Petitioner Versus Chairman cum Managing Director MCL and others Advocate(s) appeared in this case: ….… Opposite Parties For Petitioner For Opposite Parties Mr. Sidheswar Mohanty Ad... |
Plea for sole arbitrator filed in the court, further referred to Arbitration, without any intervention of the court: Delhi High Court | The pertinent case is filed in the Delhi High Court, in the matter of To the New Private Ltd. v. Golden Tower Infra Tech Ltd. [ARB.P. 428/2021] filed under section 11 (6) of the Arbitration and Conciliation Act, 1996. The validity of arbitral award was challenged and the proceeding, of the same, was held on September 1... | IN THE HIGH COURT OF DELHI AT NEW DELHI 2 & 3ARB.P. 428 2021 TO THE NEW PRIVATE LIMITED Through: Mr. Aditya Dewan Adv. ..... Petitioner GOLDEN TOWER INFRATECH LTD ..... Respondent Through: Mr. Joby P. Varghese and Mr.Nishant Rai Advs. ARB.P. 429 2021 M s. TO THE NEW PRIVATE LIMITED ..... Petitioner Through: Mr. Aditya ... |
If the decision relating to the award of the contract is bona fide and is in public interest, courts will not exercise power of judicial review: Orissa High Court | Even if a procedural aberration, error in assessment, or prejudice to a tenderer is established, courts will not intervene in the exercise of judicial review if the decision pertaining to contract award is bona fide and in the public interest. The authority of judicial review will not be used to defend private interest... | IN THE HIGH COURT OF ORISSA AT CUTTACK WRIT PETITIONNo.4500 OF 2021 An application under Articles 226 & 227 of the Constitution of India.) Petitioner Versus Chairman cum Managing Director MCL and others Advocate(s) appeared in this case: ….… Opposite Parties For Petitioner For Opposite Parties Mr. Sidheswar Mohanty Ad... |
Residential certificate is not a proof of citizenship: Calcutta High Court | In the matter pertaining to citizenship, the Calcutta High Court bench comprising of Bibek Chauduri J. reaffirmed the position that such documents as the Aadhar Card, Voter ID and any sort of residential proof may not be a conclusive evidence of citizenship. In the present matter of Khadija Begum v State [CRM/2717/2021... | Mithun Sl. No.05 D L Ct.No.30. CRM 2717 2021 In re: An application under Section 439 of the Code of Criminal Procedure in connection with GR Case No.61 21 arising out of Hemnagar Coastal Police Station Case No.02 21 dated 05.01.2021 under Section 14 14C of the Foreigners Act 1946 In the matter of : Khadija Begam Mr.Sa... |
The right to personal hearing cannot depend upon the facts of each case: High Court of Delhi | An assessee has a vested right to personal hearing and the same has to be given if an assessee asks for it. The right to personal hearing cannot depend upon the facts of each case. These were stated by High Court of Delhi, consisting Justice Manmohan in the case of Bharat Aluminium Company Ltd. vs. Union of India &... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 14528 2021 & CM APPL. 45702 2021 BHARAT ALUMINIUM COMPANY LTD. UNION OF INDIA & ORS. Through: Mr. Arvind Datar Senior Advocate with Mr. Gopal Mundhra Advocate. Petitioner Respondents Through: Mr. Gigi C. George Advocate for UOI. Mr. Sanjay Kumar Advocate for Reserved On :... |
Writ against a show cause notice to be entertained only under exceptional circumstances: Madras High Court | A show cause notice issued by a competent authority may be challenged by a writ only if the authority is incompetent to issue such a notice as per the statutes governing it or if the issue of such notice is mala fide. This was held by the Hon’ble Justice S.M. Subramaniam in the case of M/s.Kavee Marketing Vs. The Assis... | WP No.120212 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27 07 2021CORAMTHE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAMWP No.120212AndMP No.12M s.Kavee Marketing Represented by its Proprietor A.K.Elangovan No.313 118 Public Office Road Velipalayam Nagapattinam...Petitionervs.1.The Assistant Commissioner Central Excise ... |
Live PM speech stream at TN temples not for political purpose: Madras High Court | As per Sections 3 to 5 of the Act of 1988, as it is alleged that the political parties are violating the provisions and the HR & CE Department is not ensuring strict compliance to the provisions aforesaid. Admittedly, the provisions quoted above impose certain restrictions which include promotion or propagation of ... | W.P.No.19822IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10.02.2022CORAM :THE HON BLE MR.MUNISHWAR NATH BHANDARI ACTING CHIEF JUSTICEANDTHE HON BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.19822Rangarajan Narasimhan.. Petitioner vs1. The Additional Chief Secretary to Govt. Govt. of Tamil Nadu Secretariat Chennai 600... |
The recourse to LOC can be taken only when the accused was deliberately evading arrest or not appearing in the trial court in spite of coercive measures being taken against him- Karnataka High Court. | The recourse to LOC can be taken only when the accused was deliberately evading arrest or not appearing in the trial court in spite of coercive measures being taken against him- Karnataka High Court. The issuance of LOC against an individual has got very serious consequences, which would curtail the free movements of a... | Crl.P.1479 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE 2021 THE HON BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.1479 OF 2021 CENTRAL BUREAU OF INVESTIGATION BANKING SECURITIES FRAUD BRANCH NO. 36 BELLARY ROAD GANGANAGAR BANGALORE 560032 REP BY ITS INSPECTOR OF POLICE B... |
Likelihood of seniority should not be disturbed: Supreme Court | Seniority is always been a matter of concern in every aspect, considering it to be civil matter or business matters. The indifference arises in regard to promotion mostly on the basis of seniority, thus it results in the conflict of law in most of the cases which we come through. Thus in the case of Vinod Prasad Raturi... | Non Reportable IN THE CIVIL APPELLATE JURISDICTION Civil Appeal No.4921 Arising out of SLPNo 22819) Vinod Prasad Raturi & Ors Union of India & Ors. …. Respondentfor considering allotment of the 4th Respondent to earlier batch. The State of Uttar Pradesh was reorganized under the Uttar Pradesh Reorganization Act 2000Off... |
In absence of documentary proof of income, a deceased income shall be determined by notional income: Allahabad High Court | Once it is established that the deceased was not unemployed and he was engaged in the business of vulcanization, without there being any documentary proof about his income, his income will be determined as notional income. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice V.M. DESH... | on 09 11 2021 on 09 11 1fa647.09.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH AT NAGPURFIRST APPEAL NO.647 20091.Smt. Sahana Khatoon wd oMohd. Israel Ansari aged 30 years Occ. Household.2.Master Saddam s o Mohd. Israel Ansariaged 11 years Occ. Education. 3.Master Imamul s o Mohd. Israel Ansariaged 9 years ... |
In a democratic setup, elected representatives who have lost majority cannot be allowed to hold power for even a second – Allahabad High Court | In a democratic setup, where the right to govern is on the will of the people the elected representative who has lost majority cannot be permitted to hold office held by Justice Shashi Kant Gupta and Justice Piyush Agrawal in the case of Tripti Rani V. State of UP and Ors [C No. – 13665 of 2020]. The Facts related to t... | Court No. 32 Case : WRIT C No. 136620 Petitioner : Tripti Rani Respondent : State Of U P And 5 Others Counsel for Petitioner : Atiqur Rahman Siddiqui Rakesh PandeVishakha Pande Counsel for Respondent : C.S.C. D.C.Mathur Hon ble Shashi Kant Gupta J Hon ble Piyush Agrawal J This writ petition has been filed inter alia fo... |
The accused charged of abetting the offence of suicide should be found guilty : Jammu High Court | If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society, then the accused has the right to acquitted. This was held in the judgment passed by a single judge bench comprising of HON’BLE MRS. JUSTICE SIND... | HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CRMC No. 10 2018 IA No. 1 2018 Pronounced on: 12 .06.2020 Gurbachan Singh and Others ….Petitioner(s) Through: Mr. Ajay Bakshi Advocate Dalip Singh .…Respondent(s) Through: Mr. Parvinder Singh Advocate CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA JUDGE Petitioners seek quashing of o... |
Right to Property a Constitutional Right though not a Fundamental Right : Supreme Court | Right to property is still a constitutional right under Article 300A of the Constitution of India though not a fundamental right. The Supreme Court bench consisting of J. Sanjay Kishan Kaul, J. Dinesh Maheshwari and J. Hrishikesh Roy decided upon the matter of Bajranga (Dead) by LRs v. The State of Madhya Pradesh &... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.62010 BAJRANGAby LRs …Appellant THE STATE OF MADHYA PRADESH & ORS …Respondents JUDGMENT SANJAY KISHAN KAUL J The social objective of providing land to the tiller and the landless post independence was sought to be subserved by bringing in ceiling in agricultural holdi... |
The evidence which is recorded before the Tribunal has to be given weightage over the contents of the First Information Report: Supreme Court of India | If any evidence before the Tribunal runs contrary to the contents in the First Information Report, the evidence which is recorded before the Tribunal has to be given weightage over the contents of the First Information Report as held by the Hon’ble Supreme Court thorugh the learned bench of Justice R. Subhash Reddy in ... | C.A.@ SLP(C) No.47019 REPORTABLE IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6151 OF 20 Arising out of Special Leave PetitionNo.47019 National Insurance Company Ltd. ...Appellant Chamundeswari & Ors. ...Respondent(s JUDGMENT R.SUBHASH REDDY J. This appeal is filed by National Insurance Company Ltd. aggrieved ... |
Procedural mechanism to lift an encumbrance from an immovable property under Section 57 of the Transfer of Property Act 1882: Kerala High Court | The object behind Section 57 of the TP Act is indisputable from its tenor that it is proposed to help any gathering to the offer of a resolute property, which is dependent upon an encumbrance, to fructify the deal for its reasonable worth in the wake of getting in-store – for installment to the encumbrancer – the promo... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY THE 05TH DAY OF AUGUST 2020 14TH SRAVANA 1942 MFA.No.47 OF 2020 ORDER IN OP 107 2019 DATED 17 12 2019 OF I ADDITIONAL DISTRICT COURT ERNAKULAM M.P.VARGHESE AGED 73 YEARS S O. PATHROSE MADAPPILLY HOUSE MALAYIDOMTHURUTHU PO K... |
Matter remitted back to the learned Single Judge for disposal afresh on merits and in accordance with law: Karnataka High Court | Without considering or appreciating the facts and circumstances involved in the instant case, as well as the various contentions urged on behalf of the appellants herein and without entering into any discussion on the merits of the matter, the learned Single Judge committed an error in passing the impugned order. This ... | IN THE HIGH COURT OF KARNATAKA BENGALURU DATED THIS THE 22nd DAY OF APRIL 2021 THE HON’BLE MR.ABHAY S. OKA CHIEF JUSTICE THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT APPEAL No.1744 OF 2017(EDN RES 1 . VIDYANIDHI EDUCATION TRUSTHAVING ITS OFFICE AT NO 6437 SHIVANAHALLI YELAHANKA HOBLI BENGALURU 560064 REPRESENTED BY IT... |
Orders for Retrieval of dues can’t be initiated against a single director of a company: Delhi High Court | The Delhi HC permitted the writ petition to stand still and the court decided to quash all impugned orders made by the respondent (service tax authority) because it was found to be ultra vires to Sec. 87(b) (i) of the finance act 1994. The bench in the matter of Sanjiv Kumar Mittal vs Deputy Commissioner (TRC), CGST Co... | Sanjiv Kumar Mittal vs Deputy CommissionerCgst ... on 6 November 2020 Delhi High Court Sanjiv Kumar Mittal vs Deputy CommissionerCgst ... on 6 November 2020 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.5590 2020 & CM APPL.20200 2020 SANJIV KUMAR MITTAL ...... Petitioner Through: Ms. Pritha Srikumar Iyer Advocate with Ms... |
Transit anticipatory bail allowed to facilitate the approaching of the competent court of jurisdiction: The High Court of Bombay at Goa | Limited relief of protection can be granted to the Applicants only to facilitate their approaching the competent Court of jurisdiction for seeking anticipatory bail after considering the possibility that the accused may be apprehended or arrested by some other competent jurisdiction, it cannot be concluded that the app... | CRMAB 748 749 2021 F.DOC IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATIONNOS.748 AND 749 OF 2021 NO.748 OF 2021Ketan Kanakia Versus State of Goa Thr. Public Prosecutor CRIMINAL MISC. APPLICATIONNO.749 OF 2021A N D Jignesh Prakashchandra Pandya … Applicant Versus State of Goa Thr. Public Prosecutor Mr. I. A... |
Reasonable Extension can be Granted in Exceptional Circumstances in CIRP: National Company Law Appellate Tribunal, Principal Bench, New Delhi | A reasonable extension of the CIRP period must be considered where there are extraneous circumstances, as was observed by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, before the bench consisting of the Justice Ashok Bhushan, Chairperson; Justice Jarat Kumar Jain, Member (Judicial); and Dr. A... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI Company Appeal(Insolvency) No. 8921 Arising out of Order dated 29.09.2021 passed by the Adjudicating Authority National Company Law Tribunal) Mumbai Bench Court III in I.A. 2118 2021 in C.P.(IB) 27(MB) 2019) Appellant IN THE MATTER OF: Whispering Tower F... |
Second appeal U/s 24 TN Recognized Private Schools (Regulation) Act available even with minimal changes in service conditions: Madras High Court | The language employed in Section 24 is that a teacher or other person or the educational agency are entitled to prefer second appeal. Therefore, even in respect of minor punishment falling under Section 23(b), the educational agency or the teacher or other person may file a second appeal. These were held by the High Co... | W.P.(MD) No.203019BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 08.02.2022CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMW.P.(MD) No.203019andW.M.P.(MD) No.169119A.Thilakam ... Petitioner vs 1.The Joint Director Appellate Authority Elementary EducationDirectorate of Elementary Education Chennai 600 006.2.M.C.T.M... |
This Court does not enter into credibility of the evidence with a view to substitute its own opinion for that of the High Court: Supreme Court | It is well settled law that this Court does not normally reappreciate the evidence unless the assessment of the High Court is vitiated by an error of law or procedure or is based on error of record, misreading of evidence or is inconsistent with the evidence. This Court does not enter into credibility of the evidence w... | Non Reportable IN THE CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 319 Viram @ Virma .... Appellant The State of Madhya Pradesh …. Respondent W I T H Criminal Appeal No.319 JUDGMENT L. NAGESWARA RAO J. 1. These Criminal Appeals are directed against the judgment of the High Court of Madhya Pradesh at Gwalior by w... |
Amendment to plaint will be allowed in a liberal manner unless they cause any prejudice to the defendants or change the complexion of the suit: High Court of Himachal Pradesh | Over time, it has been observed that courts should be extremely liberal in granting prayer for amendment of the plaint and written statement unless the irreparable loss is caused to the other side. Amendments necessary for deciding controversy will be allowed at any stage of the suit especially if by way of amendment c... | Hig h C o urt of H.P on 03 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 2120 Decided on: March 31 2021 _____________________________________________________________ Ritesh Sharma .. Petitioner Versus Pardeep Kumar Samantaroy and another ….Respondents __________________________________________________... |
Bail granted to accused when Special Public Prosecutor fails to produce credible evidence against the accused: High Court of Delhi. | The counsel of the petitioner pointed out that the petitioner deserves to be released on bail because the other three accused persons were granted bail by the same court, and these three accused had the same role as that of the petitioner. But the Special Public Prosecutor could not prove that the role of the petitione... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 05.07.2021 BAIL APPLN. 2221 2021 & CRL.M.A. 9734 2021 Through: Mr. Abdul Gaffar Advocate Petitioner NCT DELHI STATE Through: Mr. Rajat Nair & Mr. Amit Mahajan Respondent Special Public Prosecutors with Mr.Shantnu Sharma & Mr.Dhruv Pande Advocates & Inspector Vi... |
The prosecution is under an obligation to lay down the foundational facts before presumption can be drawn against the accused U/S 29 and 30 of POCSO Act: Gauhati High Court | The prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond a reasonable doubt, but based on a preponderance of probability. if he is not able to prove the foundational facts of the offence based on a preponderance of probability, the presumption under Secti... | Page No.# 1 19 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A. 64 2020 MANIRUL ISLAM @ MANIRUL ZAMAN S O LATE ABDUL AWAL R O VILL. KHUDRAKUCHI P.O. AND P.S. KALGACHIA DIST. BARPETA ASSAM PIN 781319 THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM S O LATE AKASH ALI... |
All orders as may be passed by the Family Court in exercise of its jurisdiction under Section 7 of the Hindu Marriage Act, which have a character of an intermediate order, and are not merely interlocutory orders: The High Court of Delhi | The object of Section 125 Cr.P.C is to prevent vagrancy and destitution of a deserted wife by providing her for the food, clothing and shelter by a speedy remedy. The object of Section 125 Cr.P.C is to bring down the agony and financial suffering of a women who left her matrimonial home so that some arrangements could ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th JUNE 2021 IN THE MATTER OF: + CRL.REV.P. 549 2018 & CRL.M.A. 11791 2018URVASHI AGGARWAL & ORS. ..... Petitioners Through Mr. Praveen Suri and Ms. Komal Chibber Advocates INDERPAUL AGGARWAL ..... Respondent Through Mr. Digvijay Rai and Mr. Aman Yadav Advoca... |
A driver holding an LMV licence does not need separate endorsement to drive any vehicle of such weight class: High Court of Jammu and Kashmir | A driver holding a Light Motor Vehicle licence does not need any separate endorsement to drive any type of transport vehicle that is within this weight class. This was upheld by a bench of the Jammu and Kashmir High Court consisting of Justice Vinod Chatterji Koul in the case of National Insurance Company Ltd. v Aijaz ... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Mac. App. No. 49 2020 CM no. 3774 2020 National Insurance Co. Ltd. Aijaz Ahmad Shah and Others Reserved on: 23.04.2021 Pronounced on: 22.06.2021 Through: Mr. Nissar Ahmad Dendru Advocate Through: Mr. Shuja ul Haq Advocate HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE 1. Impug... |
The burden of proof lies upon the respondent to establish the charge of cruelty; it has a very wide purview and differs in every other matrimonial case -High court of New Delhi | The burden of proof lies upon the respondent to establish the charge of cruelty; it has a very wide purview and differs in every other matrimonial case -High court of New Delhi Cruelty is defined under section 13 of Hindu Marriage Act, 1955, which is a ground for dissolution of marriage may be defined as willful and un... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 05.08.2021 Pronounced on: 01.12.2021 MAT.APP.(F.C.) 75 2020 RAHUL KESARWANI .....Appellant Through: Mr. Abhey Narula Advocate SUNITA BHUYAN HON BLE MR. JUSTICE VIPIN SANGHI HON BLE MR. JUSTICE JASMEET SINGH Through: Respondent in person .....Respondent JUDGMENT JASME... |
It cannot be considered enough to hold that the deceased had committed suicide due to any act of depression and not because of the alleged maltreatment and cruelty meted out to her by the applicant for dowry demands: The High Court of Delhi | In the case of suicidal death of the wife, the mere contention that she suffered from a mental illness would not be sufficient to prove that the death was a consequence of the same and not because of the cruelty meted out to her for the demands of dowry within 7 years of her marriage. The aforesaid has been established... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN.2979 2020 Judgment reserved on : 22.03.2021 Date of decision : 14.06.2021 RAJESH LAL ..... Applicant Through: Mr. Niraj Jha Adv. STATE GOVT. OF NCT OF DELHI Respondent Through: Mr. Kewal Singh Ahuja APP for State with Investigating Officer Ms. Aka Singh Adv. for compl... |
Testimony of relative of the deceased is to be considered true – Supreme Court | In the case of Karulal & Ors Vs State of Madhya Pradesh [Criminal Appeal No. 316 of 2011] Supreme Court held that if the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony. The deceased with his son was grazing the field. His son suddenly heard his father cry out and saw the... | IN THE CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 3111 Karulal & Ors The State of Madhya Pradesh JUDGMENT Hrishikesh Roy J This Appeal has been preferred by 5 accused namely Karulal(A 5) Amra(A 6) Kachru(A 7) Suratram(A 8) and Bhagirath(A 9). They challenge the judgment and order dated 23.6.2009 in Criminal Ap... |
A deputed employee can be repatriated back to his home department at any time: High Court of Jammu and Kashmir | A government employee who has been deputed to another department does not have the vested right to continue in the deputed department for as long as he likes and his employers have the right to repatriate him back to the home department whenever they please. This was held in the judgement passed by a single member benc... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Serial No.04 Regular Cause List WP(C) No. 618 2021 CM No. 1852 2021 c w WP(C) No. 248 2021 892 2021 Mushtaq Ahmad Bhat & Ors. Dated: 24th of August 2021. ….. Petitioner(s) Through: Mr S. A. Makroo Senior Advocate with Mr Danish Yousuf Advocate. Union Territory of Jam... |
It is the duty of the Court to protect life and liberty of a major girl who, out of her own volition, wants to reside separately from her father: High Court of J&K and Ladakh | No law or religion gives a license to a father to harass or intimidate his major daughter just because she does not accede to wishes of her father to marry a particular person. It is not open to a father or relatives of a girl to take law into their own hands as stated by the Hon’ble High Court of J&K and Ladakh th... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 25.10.2021 Pronounced on:10.11.2020 OWP No.83 2019No.203 2019 ANJUM AFSHAN & ORS. ...PETITIONER(S) Through: Mr. S. H. Thakur Advocate. STATE OF J&K & ORS. Through: Mr. Sheikh Feroz Dy. AG vice Mr. B. A. Dar Sr. AAG for R1 to R6. Mr. M. S. Reshi Ad... |
Imposing a pre-condition to pay a sum of money for being released on bail is unreasonable: Bombay High Court | In order for an individual to avail a release on bail, imposition of payment of a certain sum as a pre-condition is unreasonable. A single-judge bench comprising of Justice Sarang V. Kotwal while adjudicating the matter in Vijaykumar Deshraj Sethi v. Senior Police Inspector, Malegaon Camp police station, Malegaon and o... | on 05 05 2021 on 10 05 : 1 : 10.APPLN 70 21.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONCRIMINAL APPLICATION NO.70 OF 2021Shri Vijaykumar Deshraj Sethi .... ApplicantVersus1. Senior Police Inspector Malegaon Camp police station Malegaon2. State of Maharashtra &3. Vilas Asaram Chordia ...... |
Courts not to interfere in matter of CISF transfers, expect in exceptional cases: High Court of Jharkhand | High Courts do not usually interfere in matters of Paramilitary transfers; however exceptions can be made only in the rarest or rare cases where there is no alternative. A single-member bench of the High Court of Jharkhand consisting of Justice Dr. S.N. Pathak dealt with this matter in the case of Mukesh Singh C.I.F.F... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Petitioner W.P.No. 14821 Mukesh Singh C.I.S.F. No. 942294301 The Union of India represented through Home Secretary Department of Home New Delhi. The Director General CISF CGO Complex New Delhi Senior Commandant CISF Unit UCIL Jadogoda East Singhbhum Deputy Commandant CISF Unit U... |
“Respondent addressed the query by providing the information regarding the agenda and minutes of the Board Meeting…”: SEBI, Part 3. | The appellant, vide query number 5, sought the following information- “Share the criteria under which grandfathering provision was provided to existing RIA above 50 years of age.” The respondent, in response to the query, informed that the information sought by the appellant is available at para (ii) of the minutes of ... | Appeal No. 43721 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43721 CPIO SEBI Mumbai The appellant had filed an application dated July 02 2021under the Right to Information Act 2005of the RTI Act as the same relates to personal information the... |
The prosecution is under an obligation to lay down the foundational facts before presumption can be drawn against the accused U/S 29 and 30 of POCSO Act: Gauhati High Court | The prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond a reasonable doubt, but based on a preponderance of probability. if he is not able to prove the foundational facts of the offence based on a preponderance of probability, the presumption under Secti... | Page No.# 1 19 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A. 64 2020 MANIRUL ISLAM @ MANIRUL ZAMAN S O LATE ABDUL AWAL R O VILL. KHUDRAKUCHI P.O. AND P.S. KALGACHIA DIST. BARPETA ASSAM PIN 781319 THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM S O LATE AKASH ALI... |
Expression “reasonable delay” clarified under Section 58 of Chapter 6 of the Act: Patna High Court | The non- implementation of the Act holds adverse consequence on the dispensation of administration of justice. The present case deals with the answers to – “Why is it that the owners of the property are forced to approach this Court for release of the vehicles or property? Is it that there is no mechanism under the Act... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.64020 Manoj Purwe Son of Dashrath Purwe Resident of Village and P.O. Chak Mehsi Police Station Kalyanpur District Samastipur ... Petitioner The State of Bihar through the Principal Secretary Department of Excise Govt. of Bihar Patna The District M... |
Commissioner Of Income Tax Versus Visisth Chay Vypapar Ltd | The limitation period in case of a loan starts from the date of the loan, while it starts from the date of repayment in the case of deposit The assessee had placed Inter-Corporate Deposits (ICD) with Shaw-Wallace & Company (SWC). Before placing these ICDs with SWC, a Resolution was passed in the meeting of Board of... | IN THE HIGH COURT OF DELHI AT NEW DELHI ITA 689 OF 2009 ITA 712 OF 2009 ITA 765 OF 2009 1) ITA 689 OF 2009 COMMISSIONER OF INCOME TAX Judgment reserved on: 21.7.2011 Judgment Delivered On: 30.8.2011 . . . APPELLANT Through: Ms. Suruchi Aggarwal Advocate VISISTH CHAY VYPAPAR LTD. . ..RESPONDENT Through: Mr. Ajay Vohra ... |
Court dismisses the criminal appeal filed under section 482 Cr.P.C. to quash the order of the Sessions Court: Karnataka High Court | The criminal appeal is filed under section 482 of CR.P.C ( speaks about High court can’t pass adverse order or observations against third party) praying to quash the order which was passed by Additional and session judge for illegally transporting alcohol from one state to another. But the petition was dismissed by the... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY 2022 THE HON’BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION No.2382 2021 1. MADHU TRANSPORT COMPANY RAJNISH JAIN BY ITS PARTANER SHREYAS JAIN S O RAJNEESH JAIN AGED ABOUT 34 YEARS NO.750 BARAL PARTAPUR MEERUT UTTAR PRADESH 250 103. THROUGH POW... |
The attempt to commit an offence begins when the accused commences an act with the necessary intention to execute it: Jharkhand High Court | Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something, which is a step towards the commission of the offence. It has also been held that the moment he commences to do an act with the necessary intention, he commences his attempt to commit the offe... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 2212 Mathura Thakur Son of Late Bandhu Thakur resident of Bhanwra 6 Number P.O. & P.S. Jorapokhar District Dhanbad The State of Jharkhand Versus … Opposite Party … … CORAM: HON BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY Mr. Sanjay Kumar Pandey Advocate Mr. Manoj Kumar ... |
Reasonable time must be granted to the appellant for curing the default: Chhattisgarh High Court | To prevent injustice, a reasonable amount of time must be granted to the appellant or the appellant authority to point out the default and also cure the default so the appeal can be heard on merits. This was decreed by the Hon’ble Justice Shri P. Sam Koshy in the case of The Sub Area Manager South Eastern Coalfields Lt... | 1AFRHIGH COURT OF CHHATTISGARH AT BILASPURWPL No. 221The Sub Area Manager South Eastern Coalfields Ltd. Ncph Colliery Chirmiri Area Post Office Haldibadi District Korea Chhattisgarh. Petitioner Versus 1.Shri Anam S o Late Dina Ex Pump Operator Old Mines Quarter AtP.O. West Chirmiri Colliery District Korea Chhattisgarh ... |
Failure of registration because of dormancy of E-Portal isn’t the fault of the Petitioner in the matter of delayed transaction: High Court of Patna | The applicants recorded a writ request in the idea of mandamus in which the solicitors argued to get the vehicles bought by them enlisted by the respondents. Because of the inertia of the E-Portal, the equivalent was not done. The Hon’ble High Court accepted the petition and gave decision in favour of the petitioner un... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.51621 Khagaria Auto Agency having its office at M.G. Road Khagaria 851204 Bihar through its authorised representative Shri Vinay Kumar aged about 50 S o Bhola Prasad Yadav R o Vill and P.O. Raghunathpur Ward No. 12 P.S. Sahebpurkamal District Begu... |
Director General of Medical Education shall give recommendations for admissions: Supreme Court | The Director General of Medical Education and Training shall give recommendations for admission to the college providing the course of MBBS. The process of admission of students shall only be followed after such recommendation has been made. This principle was upheld by the Supreme Court presided by J. L. NAGESWARA RAO... | Non Reportable IN THE CIVIL ORIGINAL JURISDICTION Writ PetitionNo.418 Saraswati Educational Charitable Trust & Anr. PetitionersNo.2919 JUDGMENT L. NAGESWARA RAO J 1. Writ Petition No.40 of 2018 has been filed by Saraswati Educational Charitable Trust challenging the notice dated 29th September 2017 issued by the second... |
Power of an Arbitrator to award an interest while litigation awaits is restricted when the parties have agreed to contrary: Supreme Court of India | The law relating to the award of pendente lite interest by Arbitrator under the Arbitration and Conciliation Act, 1996 is no longer res Integra. The provisions of the 1996 Act give paramount importance to the contract entered into between the parties and categorically restricts the power of an arbitrator to award p... | of the High Court of Delhi dated 19.09.2017 in FAO(OS COMM)No.120 2017 whereby it has upheld the judgment of the learned Single Judge in OMP No.28 of 2017 dated 10.03.2017 resulting in denial of pendente lite interest on the Delhi to the appellant dated 09.09.2008. Subsequently on 24.10.2008 the parties entered into a ... |
No harsher sentence be awarded because of involvement in other cases: Delhi High Court | Presumption of innocence must be maintained until the accused is held guilty and even though the appellant is involved in other cases, no harsh sentence can be awarded just because the appellant had been convicted in any of the other cases as well at the material time. Delhi High Court gave the judgment in the case of ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 27.01.2021 .....Appellant .....Respondent CRL. A. 331 2017 CHHOTU KUMAR @ CHOTE FAUJI STATEAdvocates who appeared in this case: For the Appellant For the Respondent HON’BLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU J Mr. Akshay Bhandari and Mr. Digvijay Singh A... |
Dismissal of applications during the process of arbitration cannot be challenged in court: High Court of Calcutta | When an order by the arbitrator under Section 16 of the Act is paased dismissing an application, such an order cannot be challenged by any party in the high court until the final order for that arbitration is not passed. This was decided in the case of. Saraswati Ojha And Ors. -Vs- Sri Birendra Prasad Singh And Ors [AP... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY 2021 THE HON’BLE MR. JUSTICE ALOK ARADHE THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY W.A. NO.16925 OF 20111. WORKMEN OF MYSORE LAMP WORKS LTD REPRESENTED BY THE MYSORE LAMP STAFF & EMPLOYEES UNIONA REGISTERED TRADE UNION REGISTERED UNDER THE ... |
Devotion, Integrity and Honesty is a Sine Qua Non for every Bank employee: Supreme Court of India | Upholding the dismissal of a Bank clerk, Supreme Court observed that it is every Bank employees’ duty to work with devotion and integrity and honesty in the Banking Business. This was held in the case of Deputy General Manager (Appellate authority) vs. Ajai Kumar Srivastava [SLP(C) No(s). 3206732068 of 2018] presided ... | Dissatisfied with the judgment and order dated 13th of Allahabad the instant appeals have been preferred at the that the appellant is a statutory body incorporated and constituted under the State Bank of India Act 1955. The respondent joined service as a Cashier Clerk in Mumfordganj Branch Allahabad on 07th December 19... |
Higher educational qualification can be a basis for barring promotion : Supreme Court | If the authority conferred with the power to relax, chooses to regulate the manner of exercise of his own power, the same cannot be assailed as arbitrary. The Supreme Court bench consisting of CJI S. A. Bobde, A. S. Bopanna and V. Ramasubramanian, decided upon the powers of the Chief Justice in matters of appointment ... | Challenging a common order passed in a batch of Letters Patent Appeals confirming the Judgment of the learned Single Judge quashing an administrative Order of the Chief Justice qualified as per the rules at the time of appointment have come up 2. We have heard the learned Counsel for the appellants the as peons during ... |
Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21 of the Constitution of India: Supreme Court Of India | Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the Courts would ordinarily be obligated to enlarge him on bail. Such an observation was made by the Hon’ble Supreme Court Of India before Hon’ble Justice AJAY RASTOGI & Hon’ble ... | The instant appeal has been filed on behalf of accused no 6(Ashim @ Asim Kumar Haranath Bhattacharya) out of the total to be rejected by the learned trial Court by Order dated 25 th February 2020 and also by the High Court by Order dated 15 th The FIR No. 138 2012 dated 1st March 2012 was initially lodged under Section... |
Conviction is not a nexus for parole: Bombay High Court | Grant or refusal of parole does not appear to have anything to do with either the conviction or the place of court convicting. Conviction appears to be of little concern so far as grant or refusal of parole is concerned. Conviction is not a nexus for parole. A Bench of Dipankar Datta CJ, SP Gangapurwala J and Sunil P D... | on 25 01 2021 on 22 03 1} criapln2073.20 drpIN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO. 2073 OF 2020INCRIMINAL WRIT PETITION NO.1362 OF 2020The State of Maharashtra APPLICANTThrough Superintendent Nashik Central Prison NashikVERSUSGuddu @ Kansha Wahab Shaikh RESPONDENTAge 21 ye... |
Unfaithful translation of documents violate rights of an accused: Bombay High Court | While translating the detention order of a detune, only typographical errors may be accepted, any kind of factual or substantial error will be in violation of the rights of the accused under Article 22(5) of the Constitution. This remarkable judgement was passed by the division bench of the Bombay High Court, consistin... | cri.wp 1576 20.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1576 OF 2020 CRIMINAL WRIT PETITION ASDB LDVC 243 OF 2020 at present Yerwada Jail Rohit Sidram Khatalby the respondent No.1 the Commissioner of Police Solapur Briefy stated the grounds of detention st... |
To secure industrial peace and harmony, one must provide machinery and procedure for the investigation and settlement of industrial disputes: High Court Of New Delhi | The present writ petition was filed by M/s Hindustan Antibiotics Limited (‘Management’) challenging various orders passed by the Presiding Officer, and the same issue was held in the judgement passed by a single bench judge comprising JUSTICE PRATHIBA M. SINGH, in the matter M/S HINDUSTAN ANTIBIOTICS LIMITED V. B.N. ... | 5 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th October 2021 W.P.(C) 8297 2016 and CM APPL. 867 2020 M S HINDUSTAN ANTIBIOTICS LIMITED ..... Petitioner Through: Mr. D. Roy Chaudhary Sr. Advocate with Mr. Debasish Moitra Advocate. B.N. SINGH ..... Respondent JUSTICE PRATHIBA M. SINGH Through: Mr. B. N. ... |
Irreparable damage must be proved before granting injunction for use of trademark: High Court of Delhi | The party seeking an injunction must show that irreparable damage will be caused if the injunction is refused. This was decided by the Delhi high court bench consisting of Hon’ble Justice Rajiv Sahai Endlaw and Hon’ble;e Justice Asha Menon in Shrivats Rathi and Anr. vs. Anil Rathi and Ors.[First Appeal Order (Comm) No.... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 4th January 2021 SHRIVATS RATHI & ANR. FAO(OS)119 2020 Through: Mr. Appellants Mr.Sanjeev Sindhwani Sr. Advs. with Mr. Tanmay Mehta & Mr. Subhash Chawla Advocates ANIL RATHI & ORS. Through: Mr. Sudhir Chandra & Mr. SHRIVATS RATHI & ANR. FAO(OS)122 2020 Through: ... |
Duty of court -to Encourage Settlement between Parties: High Court of New Delhi | It was the duty of court to encourage settlement. More over court fees was a taxing statute and had to be construed strictly and benefit of any ambiguity if any had to go in favor of the party and not to the state. This remarkable judgement was passed by New Delhi High Court in the case of Vijay Kumar and Ors v. Mera B... | IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(OS) 78 2019 C.M. Appl. Nos. 38986 38987 2019 VIJAY KUMAR & ORS Through: Mr. Prag Chawla Advocate MERA BABA INFRASTRUCTURE PVT LTD Through: Mr. Rajeev Aggarwal Advocate Date of Decision: 17th March 2021 HON BLE MR. JUSTICE MANMOHAN HON BLE MS. JUSTICE ASHA MENON JUDGMENT MANMO... |
Discrepancies in the description and gravity of injuries between the case filed and post-mortem report formed the basis of bail grant by the Court: High Court Of Patna | Petitioner alleged of killing the informant’s father granted bail on establishing that the case filed and post-mortem report doesn’t match the amount and gravity of the injuries that have been inflicted upon the deceased. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Indal Yadav ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 43221 Arising Out of PS. Case No. 141 Year 2020 Thana BAKHTIARPUR District Saharsa Indal Yadav aged about 45 years Male Son of Late Ramdeo Yadav. Ravi Ranjan @ Ravi Ranjan Yadav aged about 34 years Male Son of Sri Krit Narayan Yadav. 3. Ashish Yadav @ ... |
Criminal revision petition seeking relief against impugned order dismissed because of no irregularity -Jharkhand high court | Criminal revision petition seeking relief against impugned order dismissed because of no irregularity -Jharkhand high court A criminal revision petition was filed on the ground that the order passed by the lower court was misconceived and illegal and was under the misconception of law and stated that the proceeding can... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 7699(P) 1. Rameshwar Mahto 2. Bansidhar Mahto 3. Murlidhar Mahto 3(i) Meghnath Mahto 3(ii) Raju Mahto 3(iii) Mukesh Kumar Mahto 4. Karmu Mahto All sons of Late Jhingu Mahto resident of village Mal Dumaria P.S. Godda Muffasil Dist. Godda. 1st party…. Petitioners 1. I... |
Repetitive and unnecessary litigations will attract fines: Punjab & Haryana High Court | Filing similar petitions repeatedly with alterations for a favorable outcome will not be exercised and would attract fines and punishment for wasting the judicial time amid the pandemic. Punjab & Haryana High Court gave the decision in the case of Vijay Lata vs. Rajiv Arora [CRM-M-43025-2020] presided over by the s... | on 25 01 CRM M 43025 2020 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH . CRM M 43025 2020 Date of Decision:12.01.2021 Mrs. Vijay Lata …..Petitioner Versus Sh. Rajiv Arora …..Respondent CORAM: HON BLE MRS. JUSTICE ALKA SARIN Present: Mrs. Vijay Lata petitioner in person. ALKA SARIN J. This is a petition under ... |
Irrational restraints may amount to waiver of the rights of a Person: Delhi High Court | Irrational restrictions may amount to waiver of the rights of a person. Imposing such restraints which have no rationale and justification qua and are based on prejudice to the contentions of other party can deprive a person from exercising his right. This principle was laid down in the case of Quikr India Private Limi... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 13th January 2021 FAO 16 2021 QUIKR INDIA PRIVATE LIMITED Appellant NIKE INNOVATE C.V & ANR. Respondents Advocates who appeared in this case: For the Petitioner: Mr. Jayant Mehta Mr. Rishabh Bansal Mr. Arjun Rao and Mr. Maitryi Bhat Advocates For the Respo... |
Mumthas C V/S Tahsildar | In Principal-Agent relationship, a responsibility is imposed on the Principal on the acts of Agent. The responsibility is based on common law principle “respondeat superior” (“let the master answer”). Petitioners 1 and 2, who are Primary Departmental Teachers working in Ugrapuram and Manjeri in Malappuram District, ha... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY THE 11TH DAY OF FEBRUARY 2021 22ND MAGHA 1942 WP(C).No.32296 OF 2016(J MUMTHAS C AGED 52 YEARS PD TEACHER ALP SCHOOL VADAKKUMMURI W O.AHAMMEDKUTTY HABEEBA MANZIL UGRAPURAM P.O. ARECODEERNAD TALUK MALAPPURAM DISTRICT BINDU ELLARTHODI ... |
The Courts will not rule out the possibility of the petitioner putting pressure on the victim while granting Bail Application, especially in Child Rape Cases: High Court of Delhi | Child rape cases are cases of perverse lust for sex where even innocent children are not spared in pursuit of sexual pleasure. The seriousness of the offence of rape and its impact on the victim will be considered before granting a bail application. This auspicious judgment was passed by the High Court of Delhi in the ... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 477 2021 Date of decision: 05th APRIL 2021 IN THE MATTER OF: KASHISH BATRA ..... Petitioner Through Mr. Abhijat Mr. Kunal Malhotra Mr. Arpit Kumar Singh Mr. Princee Aroraa Advocates and ..... Respondent Through Mr. Hirein Sharma APP for the State. HON BLE MR. JUSTICE... |
The Sun TV Network has exclusive rights to broadcast the film “Jilla.”: Madras High Court | The 1st defendant after having assigned the telecast rights absolutely in favour of the plaintiff for a valid consideration, loses that right and the 1 st defendant can no longer assign the same rights in favour of any other party much less in favour of the 2 nddefendant. The facts of the present case are governed by t... | C.S.No.3214IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDERS RESERVED ON : 10.01.2022 PRONOUNCING ORDERS ON : 12.01.2022 Coram:THE HONOURABLE JUSTICE MR.N.ANAND VENKATESHCivil Suit No.3214(Comm.Suits)M s.Sun TV Network Ltd. Rep.by its Authorised SignatoryMr.M.Jothi BasuMurasoli Maran Towers73 MRC Nagar Main RoadMRC Naga... |
It cannot be said that this is a case where no opportunity of hearing was provided to the petitioner and that there was any violation of the principle of natural justice: Calcutta High Court | It seemed that the petitioner could not make out a case of any patent jurisdictional error or that the assessing officer acted contrary to any specific provision of law in course of the impugned assessment proceeding. The Hon’ble High Court at Calcutta before the Hon’ble Mr. Justice Md. Nizamuddin held such an opinion ... | Present : Hon’ble Mr. Justice Md. Nizamuddin IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side W.P. A No. 110421 Unisource Hydro Carbon Services Pvt. Ltd. & Ors. Vs. Union of India & Ors. Through Video Conference) For the Petitioner For the Respondents Judgement On MD. NIZAMUDDIN J. Mr. R. N... |
The SHO shall assess the threat perception of the petitioners under Article 226: High Court of Punjab and Haryana | The petitioner has filed for a petition seeking writ in the nature of Mandamus with regard to the protection of life and liberty of the petitioners under Article 226 of the constitution of India, which “empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), direc... | on 26 09 CRWP 9185 2021 1 IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARHCRWP 9185 2021 Date of Decision: 24.09.2021Safina Begum and another ....Petitioner(s)VersusThe State of U.T Chandigarh and others .....Respondent(s)CORAM:HON’BLE MR. JUSTICE JASGURPREET SINGH PURIPresent:Mr. Kuldeep Singh Advocate for the pe... |
An application for second amendment to the plaint, does not mean introduction of a fresh cause of action: Calcutta High Court. | In the present case, the second amendment to the plaint is clarificatory in nature and necessary for proper adjudication of the suit. Where the requirements of the plaintiff have already been pleaded in the first amendment, the application for the second amendment should not be perceived as introducing a fresh cause of... | In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya C.O. No. 11421 Exide Industries Limited formerly known as Chloride India Limited) Vs. Urmila Pasari and others For the petitioner For the opposite party Nos.1 2 & 3 Hearing concluded on Judgment on Sa... |
Consideration of property shall only pass to a stranger in the absence of a heir having a preferential right u/S 22 of the HSA, 1956: Calcutta High Court | An interesting, important and significant point was raised in the instant appeal as to whether the gift of an immovable property to a stranger to the exclusion of the other heirs of Class-I can be regarded as a transfer before the High Court in the matter of Pabitra Kumar Maity v Shyamali Manna [F.A.T 661 OF 2017]. The... | IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present: THE HON’BLE JUSTICE HARISH TANDON THE HON’BLE JUSTICE KAUSIK CHANDA IN C.A.N 11623 OF 2017 F.A.T 661 OF 2017 Sri Pabitra Kumar Maity Smt. Shyamali Manna & Ors Vs. Mr. Suman Kumar Dutt. Mr. Suvasish Sengupta. Mr. Sarosij Dasgupta. Mr. Su... |
“Exit load charged by Asset Management Companies (AMCs) in various mutual fund schemes, is not maintained by SEBI…”: SEBI, Part 2. | Further, it was noted that the Hon’ble CIC in the matter of Sh. Pattipati Rama Murthy vs. CPIO, SEBI (Decision dated July 8, 2013), held: “… if it (SEBI) does not have any such information in its possession, the CPIO cannot obviously invent one for the benefit of the Appellant. There is simply no information to be give... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Vinod Kumar Agarwal CPIO SEBI Mumbai The appellant had filed an application dated July 01 2021under the Right to Information Act 2005gained over last 20 Years due to the exit ... |
Under section 482 CrPC, reliability or genuineness of allegations made in FIR/Complaint cannot be scrutinized: Supreme Court of India | While exercising its jurisdiction under section 482 CrPC, a High court cannot embark upon any enquiry regarding the reliability and genuineness of the allegations made in the FIR/complaint. The power conferred on the High Courts by section 482 CrPC is very wide and thus the High Courts should be more cautious while exe... | judgment and order passed by the High Court of Orissa dated 04.09.2019 passed in Criminal Miscellaneous Application No.3177 of 2017 and Criminal Miscellaneous and has quashed the criminal proceedings against the Shri Rajendra Kumar Samal the State of Odisha has of Police Vigilance Vigilance Cell Unit Office Bhubaneswar... |
Appellant has to specify the exact information he wants from the SEBI.: 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 Mohan Kumar Gupta v CPIO, SEBI, Mumbai (Appeal No. 4299 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act... | Appeal No. 42921 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 42921 Mohan Kumar Gupta CPIO SEBI Mumbai The appellant had filed an application dated May 17 2021under the Right to Information Act 2005 of the RTI Act 2005. 4. Ground of appeal The... |
Additional Sessions Judge to prepare synopsis after reading Supreme Court judgments on Anticipatory Bail as he failed to exercise jurisdiction: Punjab & Haryana High Court | Additional Session Judge was ordered by the High Court to read 10 landmark judgment of the Supreme Court of India on Anticipatory Bail covered under Section 438 of the Code of Criminal Procedure and to submit a written synopsis on the same. The High Court passed the order after observing that the Judge wrongly dismisse... | on 21 01 CASE HEARD THROUGH VIDEO CONFERENCINGCRM M No.4050191IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARHCRM No.312120 IN ANDCRM M No.405019are taken on recordsubject to all just exceptions. on 21 01 CASE HEARD THROUGH VIDEO CONFERENCINGCRM M No.4050192CRM M No.405019isnot buried by the Courts below. This is ... |
If the Magistrate has dismissed the complaint without giving reasons, the error is of a kind that goes to the root of the matter: Orissa High Court | If the Magistrate has rejected the case for no cause, the mistake is a kind that is at the bottom of the situation. Without the justifications, the order would become null. The complainant has the right to know why a revisional court approach has rejected his case. His right to seek the revisionary tribunal is prejudic... | IN THE HIGH COURT OF ORISSA CUTTACK CRIMINAL APPEAL No. 593 From the order dated 13.09.1984 passed by S.D.J.M. Khurda in 1.C.C. Case No.784. Lalit Mohan Patnaik Versus Sadasiba Mohapatra and others For Appellant: For Respondents: For State of Odisha Mr. Dipak Ranjan Parida Addl. Standing Counsel P R E S E N T: THE HONO... |
No second FIR and no new investigation for the same cognizable offence: The High Court of Delhi | In a suit filed under the purview of the Prevention of Damage to Public Property Act, 1984, the Delhi High Court held that the court shall not entertain any second FIR or any form of another investigation for the same offence. The above was ordained in the case of ATIR v. State of NCT Delhi [CRL.M.C. 1197/2021 & CR... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01st September 2021 IN THE MATTER OF: CRL.M.C. 1197 2021 & CRL.M.A. 6104 2021 ATIR Petitioner Through: Ms. Tara Narula Ms. Nupur and Ms. Aparajita Sinha Advocates. STATE OF NCT DELHI Through: Mr. Anuj Handa SPP with Mr. Sarang Shekhar Advocate. Respondents CRL.M... |
Power U/S. 15(7) of the Delhi Rent Control Act, 1958 should be exercised sparingly: High Court of New Delhi | The effect of striking off the defense under Section 15(7) of the Act is not only in form of depriving the tenant of his right to defend the Eviction Petition, but would also lead to him losing the protection under Section 14(2) of the Act. Therefore, there can be no denial that such power is to be exercised sparingly ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07.04.2021 CM(M) 476 2020 & CM No.24292 2020 SATISH PARASHAR ..... Petitioner Through: Mr.Sanat Kumar Sr. Adv. with Mr.Sanjay Sharma Adv. PREM BIHARIThrough: Mr.Sanjay Rohtagi Adv. ..... Respondent HON BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA J.This petition ha... |
Larger public interest supercedes individual interest: Allahabad High Court | Jeremy Bentham’s principle of Utilitarianism was based on the ideology of greatest good for the greatest number.Similar principle was adhered to and importance of giving greater weightage to greater number of people and larger public interest instead of individual interest in a land acquisition matter at Allahabad High... | IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Chief Justice s Court Additional Cause List Serial No. 1 WRIT C No. 185221 Reserved on: December 1 2021 Delivered on: January 05 2022 Smt. Prabha Shukla ...Petitioner Through: Mr. Udayan Nandan Advocate State of U.P. and others ...Respondents Through: Mr. Suresh Singh Additi... |
The person accused of an offence punishable under the act cannot be released on bail until the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence: The High Court of Sikkim | Section 18(1) of the Sikkim Anti-Drugs Act where the learned Public Prosecutor opposes the application for bail the person accused of an offence punishable under the act cannot be released on bail until the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that... | THE HIGH COURT OF SIKKIM: GANGTOK Criminal Jurisdiction) SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE Bail Application No. 121 Pratik Biswakarma S o Nar Bahadur Biswakarma R o Zoom Daragoan West Sikkim Presently at judicial custody in Boomtar Jail. Namchi South Sikkim. ….. Applicant State of Sikkim …... |
STATE OF WEST BENGAL V/S JUGAL KISHORE MORE & ANR. | “Laws of the land, even to support a gesture of comity to another nation,” 1. Fugitive Offenders Act, 1881, was inconsistent with Art. 14 of the Constitution of India and was on that account unenforceable after 26th January 1950, Ministry of External Affairs, Government of India, issued a notification on May 21, ... | STATE OF WEST BENGAL Vs JUGAL KISHORE MORE & ANR DATE OF JUDGMENT SHAH J.C SHAH J.C RAMASWAMI V GROVER A.N 1969 AIR 1171 1969 SCR 320 1969 SCC 440 Extradition Nature of Fugitive Offenders ActInapplicability in Republic of India if bar to obtain extradition of fugitive offenders from another Commonwealth country Extrad... |
The prescription has to be given only by institutionally qualified practitioners, for homeopathy medicines: Supreme Court | It goes without saying that Homeopathic medical practitioners have to follow the advisory dated 06.03.2020 issued by AYUSH Ministry, this remarkable stand was forwarded by Supreme Court three judge bench chaired by Hon’ble Justice Mr. Ashok Bhushan, Mr. R. Subhash Reddy & Mr. M.R. Shah in the Civil appeal case of D... | IN THE CIVIL APPELLATE JURISDICTION APPEAL NO. 4049 OF 2020 arising out of SLPNo. 15293 2020 Diary No 196320 DR. AKB SADBHAVANA MISSION SCHOOL OF HOMEO PHARMACY ...APPELLANT(S) THE SECRETARY MINISTRY OF AYUSH & ORS ...RESPONDENT(S) J U D G M E N T BHUSHAN J The application seeking permission to file special leave petit... |
Non commercial quantity of drugs reflects an addict not a peddler: Himachal Pradesh High Court | The person in possession of a non commercial quantity of drugs reflects that the person is not a drug peddler; rather it seems that he is a drug addict, who needs proper counseling and treatment to give-up narcotics. This proclamation was made by Himachal Pradesh High Court presided by J. Chander Bhusan Barowalia in th... | Hig h C o urt of H.P on 28 02 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MPs(M) No. 349 350 & 351 of2021 Decided on: 26th February 2021 1. Cr.MP(M) No. 3421: Sushil Chauhan ….Petitioner Versus State of Himachal Pradesh …Respondent 2. Cr.MP(M) No. 3521: Himanshu Negi ….Petitioner Versus State of Himachal Prad... |
It is of no use to keep seized vehicles at the police stations for a long period : High Court of Jammu and Kashmir and Ladakh | The only purpose for releasing of the vehicle is to ensure that the vehicle remains, roadworthy otherwise if the same is allowed to remain in police custody, the same shall lose its utility as upheld by the High Court of Jammu and Kashmir and Ladakh through the learned bench led by Justice Rajnesh Oswal in the case of... | Sr. No. 105 HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU Sunil Singh CRMNo. 689 2021 Through : Mr. Jagpaul Singh Advocate UT of J&K Through : Mr. Ravinder Gupta AAG CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL JUDGE The present petition has been filed by the petitioner under section 482 Cr.P.C. for quashing the orde... |
We leave it open to RCF to adopt such proceedings as it may thinks fit and if it wishes to do so, whether on title or by way of damages: High Court Of Bombay | We leave it open to RCF to adopt such proceedings as it may thinks fit and if it wishes to do so, whether on title or by way of damages was upheld by the High Court Of Bombay through the learned bench led by G.S.Patel & Madhav J Jamdar, JJ in the case of RASHTRIYA CHEMICALS AND FERTILIZERS LTD. Vs CHIEF EXECUTIVE O... | Rashtriya Chemicals & Fertilizers Ltd vs Chief Executive Officer SRA & Ors 909 OSWP 741 14 WITH NMS 90 2018 NMS 53 2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 741 OF 2014 NOTICE OF MOTION NO. 90 OF 2018 WRIT PETITION NO. 741 OF 2014 NOTICE OF MOTION NO. 53 O... |
Quality of the reasoning is more important than the length of the reasons while granting Bail: Supreme Court | While granting a bail application is considered a right of the accused since prolonged custody is considered against rule of law but any judicial order granting bail to the accused without any kind of reasoning will be set aside since granting bail without due application of mind to the relevant facts and circumstances... | IN THE CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 3721 Arising out of SLPNo 9221) Sonu Yadav and Another JUDGMENT This appeal arises from a judgment and order dated 1 December 2020 of a Single Judge of the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No 173320. Dr Dhananjaya ... |
Validity of tribe certificate doesn’t impair the legal heirs for getting pension: High Court of Bombay | The legal heirs are entitled to the benefits of family pension to the widow from the date of his death. A division bench comprising of Justice Ravindra V. Ghuge & S.G. Mehare adjudicating the Sunita Late Pradip Thakar v. The State Of Maharashtra And Others (WRIT PETITION NO.6485 OF 2020) dealt with an issue of whet... | 904.WP.221.21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.221 OF 2021 2. 1. Nana @ Narsing Vishwarasrao Nayak Age : 40 years Occ. Business R o Tapdiya Estate Hingoli Rajkumar @ Raju S o Vilas Nagre Age : 39 years Occ Agril. R o as above Kailas S o Subhash Manbolkar of th... |
Ex-serviceman acquitted from previous accusations cannot be presumed to have the tendency to re-offend: Delhi High Court | The issue is whether a person acquitted from offences that he/she was accused off earlier can be presumed to have the probability to reoffend. This was clarified in the case of Pawan Singh v. Commissioner of Police and Others, in W.P.(C) 11517/2021, decided by Hon’ble Mr. Justice Rajiv Shakdher & Hon’ble Mr. Justic... | COMMISSIONER OF POLICE AND ORS. ..... Respondents 10W.P.(C) 11517 2021 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 01.12.2021 PAWAN SINGH Through Mr Yashpal Rangi Adv. ..... Petitioner Through Mrs Avnish Ahlawat with Mr N.K. Singh Advs. HON BLE MR JUSTICE RAJIV SHAKDHER HON BLE MR JUSTICE TALWANT SINGH P... |
“details of PACL – Status Report, FAQs, Press Releases and Public Notices etc. are available on SEBI website.”: Appellate Authority. | 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 Bharat Dhanji Pindoria v CPIO, SEBI, Mumbai (Appeal No. 4324 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Informatio... | Appeal No. 43221 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43221 Bharat Dhanji Pindoria CPIO SEBI Mumbai The appellant had filed an application dated May 18 2021under the Right to Information Act 2005 R.M. Lodha Committee. The respondent ha... |
Caste system in our society is deep rooted, we boast ourselves as educated society but we live our lives with double standards: Allahabad High Court | The issue in the case was a plea granting bail to a person accused of murder was dealt and decided by a bench of Allahabad High Court consisting of Justice Rahul Chaturvedi in the matters between Sanni Singh v. State of Uttar Pradesh CRIMINAL APPEAL No. – 4520 of 2021 decided on 20.1.2022. The facts of case are the FIR... | Court No. 76 Case : CRIMINAL APPEAL No. 45221 Appellant : Sanni Singh Respondent : State Of U P And Another Counsel for Appellant : Manish Gupta Vinay Kumar Counsel for Respondent : G.A. Arvind Kumar Rahul Chaudhary Hon ble Rahul Chaturvedi J Heard Sri Manish Gupta learned counsel for the appellant Sri M.S. Arya Advoca... |
For a conviction in case of Murder under Section 302 of the IPC a case beyond the Shadow of Reasonable Doubt needs to be established – Rajasthan High Court | In the present criminal appeal, the prosecution approached the High Court stating that the trial court had erred in its judgment of acquitting the accused for a charge of murder of her husband. The High Court closely analysed the testimony and evidence placed on record and held that the Prosecution had failed to establ... | on 15 12 2020 at 10:02:24 PM HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPURD.B. Criminal Leave To Appeal No. 551 2019State Of Rajasthan Through P.P. AppellantVersusMeena W o Late Shri Mohar Singh R o Seva Ka Pura PoliceStation Saipau Distt. Dholpur. RespondentFor Appellant(s) : Mr. N.S. Gurjar for the State.Fo... |
One seat from the Management Quota of Respondent No.2-College for the next academic year shall be granted to Respondent No.1: Supreme Court | “Directions issued in S. Krishna Sradha case (supra) can be made applicable to admission to Post Graduate Courses as well”, this remarkable stand was forwarded by the Honorable SC in the Miscellaneous appeal case of National Medical Commission V. Mothukuru Sriyah Koumudi & Ors., [Civil Appeal No. 3940 of 2020], cha... | Non Reportable IN THE CIVIL APPELLATE JURISDICTION No . 3940 2020 of National Medical Commission Mothukuru Sriyah Koumudi & Ors. …. Respondentfor the academic year 2020 2021 the Respondent No.1 filed a Writ Petition in the High Court of Judicature at Hyderabad for the State of Telangana. The High Court allowed the Writ... |
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