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Award will not be revoked if no document is produced before the Court substantiating the contention which would have necessitated the interference from the Court : Srinagar High Court | Insurance coverage guarantee is an essential part of an insurance policy. One relies on the guarantee of the insurance company and the company should not try to evade it. This was held in the judgment passed by a two-bench judge comprising Hon’ble Mr Justice Ali Mohammad Magrey, Judge Hon’ble Mr Justice Sanjay Dhar, Ju... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR MA No. 09 2018No. 02 2019] Dated: 6th of August 2021. Bajaj Allianz General Insurance Company Limited Through: Mr N. A. Dendroo Advocate. ….. Petitioner(s) G. M. Motors & Anr. ….. Respondent(s) Through: Mr Wajid Haseeb Advocate for R 1 and Mr A. Hanan Advocate... |
The court should first consider the other materials and evidence against the accused excluding the confessional statement of the co-accused: Gauhati High Court | In the first instance, the court should consider the other material and evidence against the accused, excluding the co-confessional accused’s statement and see if the conviction could be founded without such a confession and if the other recorded material is independent of belief, the judge may in such case call for ai... | Page No.# 1 7 HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) THE GAUHATI HIGH COURT Case No. : Crl.Pet. 19 2020 SMTI MANITA BORAH W O SRI PRANAB KUMAR BARUA R O SOUTH HAIBORGAON A.R.B. ROAD P.O. HAIBARGAON P.S. SADAR NAGAON DIST NAGAON ASSAM 782001 THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE PUBLIC PR... |
Bail to be granted to the accused applicant if he is accused solely on the basis of speculation and suspicion: Allahabad High Court | When the case against the accused is solely made of circumstantial evidences, there must be a link that indicates guilt. Pure suspicion and speculation without any intention of guilt cannot make a person ‘guilty’ of an offence and bail must be granted to such a person. This was decreed by the Hon’ble Justice Pradeep Ku... | Case : CRIMINAL MISC. BAIL APPLICATION No. 346620 Applicant : Mohd. Sharib Opposite Party : State of U.P. Counsel for Applicant : Raghuvansh Misra Counsel for Opposite Party : GA Amir Khan Sadaful Islam Jafri Hon ble Pradeep Kumar Srivastava J Heard Shri G.S. Chaturvedi learned Senior Counsel assisted by Shri Raghuvans... |
The antecedents of the petitioner is a very important factor which has to be kept in mind before deciding an application for anticipatory bail: High Court of Delhi | Court must consider the seriousness of the offence, the nature of investigation that is required, the likelihood of the petitioner’s absconding from justice, the antecedents of the accused and chances of the petitioner tampering with evidence or threatening the witnesses before granting an anticipatory bail as held by ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07th October 2021 IN THE MATTER OF: BAIL APPLN. 3693 2021 & CRL.M.A. 16147 2021 KALA RAM @KAMLESH Petitioner Through: Mr. R. K. Tarun and Mr. Rohit Shukla Advocates. Through: Mr. Amit Chadha APP for the State with SI Thakur Singh PS Spl. Staff Central District. ... |
Challenging the death of the employee not arises during the course of the employment: Cuttack High Court | The appeals involve three sets of Employment compensation cases. Challenging the liability and the quantum in the employment compensation case as held by the Hon’ble Cuttack High court before the Hon’ble Justice Biswanath Rath in the matter of Tillotama Dash & Ors. V. Secretary Managing Committee, Paradeep Port Tru... | ORISSA HIGH COURT : C U T T A C K FAO No.4518 An Appeal U s. 30 of the Employee’s Compensation Act. Secretary Managing Committee Paradeep Port Trust Paradeep Bandana Swain & Ors. Versus Secretary Managing Committee Paradeep Port Trust Paradeep Kabita Senapati & Ors. Versus W I T H FAO No.4518 : Appellant Respondents : ... |
Petitioner was released on bail as he was held in custody under Sections 25(1-B) a, 26, and 35 of the Arms Act, 1959.: High court of Patna | The petitioner was arrested under Sections 25(1-B) an Arms Act, 1959, “acquires, has in his possession or carries any firearm or ammunition in contravention of section 3”, section 26, “Secret contraventions, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 125221 Arising Out of PS. Case No. 45 Year 2020 Thana DANAPUR District Patna Rajesh Kumar aged about 22 years Male Son of Late Ravindra Yadav Resident of Village Malti PS Malti District Nalanda At Present Residing at New Police Line Government Quarter ... |
VENKATA REDDI AND ORS. v. POTHI REDDI | Provision makes it clear that the law is and has always been that upon the father’s insolvency his disposing power over the interest of his undivided sons in the joint family property vests in the Official Receiver and that consequently the latter has a right to sell that interest Venkata Reddy, the father of the appel... | 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 Pujari of a Temple is not a ‘Workman’ under the Industrial Disputes Act: RajasthanHigh Court | The Pujari would not be considered as a “Workman” within the purview of Section 2(s) of the Industrial Disputes Act, 1947. The Court further opined that the opinion stated by the Labour Court “cannot be said to be capricious or perverse” was held in the matter of Pushkarlal versus Administrative Officer [D.B. Spl. Appl... | on 16 09 2020 at 07:00:35 PM HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJODHPURD.B. Spl. Appl. Writ No. 171 2020Pushkarlal S o Bhanwar Lal Shrimali Aged About 46 Years Badganv Post Dhol Tehsil Gogunda District Udaipur. AppellantVersusAdministrative Officer Maharana Pratap Smarak Udaipur MotiMagri Udaipur RespondentFor A... |
Expenditure of demurrage charges cannot be allowed in the absence of tax being deducted at source: Bombay High Court | Payments made to a non-resident company by way of demurrage charges cannot be permitted in the absence of tax being deducted at source. A division bench of Justice MS Sanklecha and GS Kulkarni, while adjudicating the matter in The Commissioner of Income Tax v. Dempo & Co. Pvt. Ltd; [INCOME TAX APPEAL NO. 989 OF 201... | on 16 09 2015 on 22 03 902.ITXA.989.15.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO. 989 OF 2015(Original Tax Appeal No. 507 Goa Bench)WITHINCOME TAX APPEAL NO. 991 OF 2015(Original Tax Appeal No. 607 Goa Bench)The Commissioner of Income Tax..AppellantVs.V.S. De... |
Merely because the Session’s Court was entitled to take a different view it was not sufficient for him to topple the judgment of the Trial Court: High Court of Bombay at Aurangabad | Appellate Court has the power to review the evidence in appeal against acquittal and even to reappreciate the entire evidence. It can consider both facts as well as law. However, there has to be some substantial and compelling reason for the Appellate Court for holding the view of the Trial Court as wrong. A single-jud... | CrRevn 28 11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 28 OF 2011 1) Baban s o Ramchandra Godge Age 24 years Occ. Agriculture R o. Gavali Mohalla Jalna Tq. & Dist. Jalna 2) Ganesh Ramchandra Godge Age 34 years Occ. Agriculture R o. Gavali Mohalla Jalna Tq. & Di... |
“Respondent provided the toll free helpline numbers launched by SEBI to facilitate replies to various queries of the general public on matters related to securities market.”: SEBI, Part 2. | On perusal of the query, it was noted that the appellant had sought information regarding the timeline for transfer of shares from Karvy to J M Financial account. It was also found that the same is in the nature of eliciting a clarification or opinion regarding a future event, which cannot be construed as an informatio... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Anang Manubhai Shah CPIO SEBI Mumbai The appellant had filed an application dated June 19 2021 under the Right to Information Act 2005 of RTI Act. The respondent also provided... |
Nature of suit remains unaltered even if the plaint is amended: Madras High Court | A civil revision petition filed under Order VI rule 17 seeking to amend the plaint does not dismiss the petition and the nature remains unaltered. This was upheld by the Hon’ble Mr. Justice A.D Jagadish Chandirawhere he said, “This Court is of the opinion that by amending the plaint, the nature of the suit will not be ... | CRP.PD.No.38616IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.06.2021CORAM :THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRP(PD)No.38616and CMP No.196716Prabavathi... petitionerVs.1. R.Raghu2. P.Sivakumar... RespondentsPRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set ... |
The testimony of the victim was neither trustworthy nor unblemished in view of the Under Section 164 Cr.P.C. statement and her deposition in Court: High court of Sikkim | The testimony of the victim was neither trustworthy nor unblemished in view of the contradictions which appear in her Section 164 Cr.P.C. statement and her deposition in Court. The Evidence and P.W.12 do not support the evidence of P.W.1 thereby indicating that her testimony is a concocted story, and the same issue was... | THE HIGH COURT OF SIKKIM : GANGTOK Criminal Appeal Jurisdiction) DATED : 16th December 2021 DIVISION BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE Crl.A. No.120 Appellants Sanjib Rai and Another versus Respondent State of Sikkim Appeal under Section 374(2) ... |
The state authorities have deprived four women an opportunity of empowerment by cancelling their authorization to run fair price shops in a flippant manner: Bombay high Court | The authorization of four Bachat Gats to run fair price shops was upheld by the Bombay High Court and the order cancelling these authorizations were revoked through a single judge bench of Hon’ble Justice Ms. Bharati H. Dangre in the case of Stawan Mahila Bachat Gat & Others v. State of Maharashtra & Others (Wr... | on 17 02 2022 on 19 02 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABADWRIT PETITION NO.12344 OF 20171. Stawan Mahila Bachat Gatthrough their Chairman Saw.Jayashri Ambadas Parkhe Age 55 years Occu Service R o Datta Nagar Tilak Nagar Tal.Shrirampur Dist.Ahmednagar PETITIONERSVERSUS1. The State of Maharas... |
Compensation payable from the moment land is deprived of possession: Supreme Court | The issue involved the clarity regarding the liability to pay interest and whether the liability commences from the date of acquiring possession of the land or only from the date of award in a land acquisition matter before the Supreme Court division bench consisting of Justice A.M. Khanwilkar and Justice CT Ravikumar ... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 Arising from the SLP(C) No.________ of 2022 Diary No. 175620 GAYABAI DIGAMBAR PURITHR. LR APPELLANT(s VERSUS THE EXECUTIVE ENGINEER & ORS. RESPONDENT(s O R D E R Delay condoned. Leave granted. This appeal takes exception to the judgment and order dated 28.02.... |
Standard of proof to hold person guilty by criminal court is totally different from enquiry conducted by way of disciplinary proceedings. : Calcutta High Court | “As we have already indicated, in the absence of any provision in the service rules for reinstatement, if an employee is honourably acquitted by a criminal court, no right is conferred on the employee to claim any benefit including reinstatement.” Said Hon’ble Acting Chief Justice Rajesh Bindal and Hon’ble Justice Anir... | Jagadish Chandra Mondal vs The State Of West Bengal & Ors on 10 June 2021 Calcutta High Courtpassed by the West Bengal Administrative Tribunal Kolkatain OA 14212as he forged the Railway warrants during 1984 1985 1986 and 1987 in the name of both fictious and genuine persons in his official capacity and wrongly gained m... |
A dispute relating to interpretation and terms of a contract cannot be a subject matter of writ proceedings: High Court of J&K and Ladakh | If the transaction between the parties is a contract then it is in the realm of private law. The same is governed by the provisions of Contract Act and also by provisions of Sale of Goods Act. A dispute relating to interpretation and terms of such a contract cannot be a subject matter of writ proceedings as held by the... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on:20.09.2021 Pronounced on:24.09.2021 OWP No.792 2016 M S VENOOS FURNITURE ... PETITIONER(S) Through: Mr. B. A. Bashir Sr. Adv. with Ms. Falak Bashir Advocate. SICOP AND OTHERS …RESPONDENT(S) Through: Mr. S. A. Naik Advocate. Mr. Shakir Haqani Advoca... |
Directions given to the university to grant affiliation to the petitioner colleges: Supreme Court of India | The averments made on affidavit by the petitioners, are not controverted by university therefore, court directed them to grant affiliation to the petitioner colleges for the academic year 2020-21.This honorable judgement was passed by the Supreme Court of India in the case of VIIT Pharmacy College and Anr. Vs. Dr. A.P.... | IN THE CIVIL ORIGINAL JURISDICTION WRIT PETITIONNO.390 OF 2021 VIIT PHARMACY COLLEGE AND ANOTHER DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER ...RESPONDENT(S O R D E R B.R. GAVAI J The petitioners have approached this Court seeking a direction to the respondent No.1 Dr. A.P.J. Abdul Kalam Technical Universit... |
Validity of caste certificate considered afresh in favour of the appellant: Supreme Court of India. | Setting aside the impugned judgment and order passed by the High Court Hon’ble M. R. Shah, J in the case of Rushikesh Bharat Garud vs. The State of Maharashtra & Ors. – [Civil Appeal No. 7422 of 2021], remanded the matter to the Scheduled Tribe Certificate Scrutiny Committee, Nashik (for short, ‘Scrutiny Committee’... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7442 OF 2021 Rushikesh Bharat Garud The State of Maharashtra and others JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.06.2021 passed by the High Court of Judicature at Bombay in Writ Petition No. 115321 by which... |
The FIR in question could not be lodged against those persons involved in causing restraint to the public servants who were discharging their official duties, not a valid ground: The High Court of Jammu & Kashmir and Ladakh | The facts of the case are sought abashment of FIR under Sections 353, 332, 147 & 506 RPC on the ground that the same is an abuse of process of law and that the FIR has been lodged with an ulterior motive for wreaking vengeance upon the petitioners. In the Hon’ble High Court of Jammu & Kashmir and Ladakh led thr... | Supplementary Cause List 2 Sr. No. 95 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Pronounced on: 16.11.2021 CRMC No. 68 2019 CrlM No. 226 2019Saraf Singh Nag and others ..…Petitioners(s) Through : Mr. G.S.Thakur Advocate. Respondent(s) State of J&K Through : Mr. Jamrodh Singh GA. CORAM: HON’BLE MR. JUSTICE PUNEE... |
Candidate cannot blame authority for administrative delay if selection process not over: High court of Delhi | When a seniority list has been created that is in contravention of the established principles laid down by law, such a list cannot be used for the purpose of promoting a candidate by the official authorities. This was decided in the case of Yash Rattan & Ors vs. Union Of Indian And Ors [W.P.(C) 3576/2021] by the H... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : 18th March 2021 Judgment Delivered on : 9th April 2021 W.P.(C) 3576 2021 YASH RATTAN & ORS Petitioners Through: Ms. Maninder Acharya Senior Advocate with Mr. Ayush Anand Mr. Shubhendu Anand Mr. Mrinal Elker Mr. Viplav Acharya & Mr. Shikhar Kishore Advocate... |
Brutal attack on a defenceless man, will not amount for leniency- Orissa High Court | With regard to the submission that none of the weapons seized by the Police was examined by any expert, it is to be stated that the same has hardly any consequential effect on prosecution case. This is not a case of circumstantial evidence. These were held by the High Court of Orissa through the learned bench of Justic... | IN THE HIGH COURT OF ORISSA AT CUTTACK CRIMINAL APPEAL No.556 of 2007 From the judgment dated 29th October 2007 passed by Shri S.N. Sahoo learned Sessions Judge Mayurbhanj Baripada in S.T. Case No.900) Appellant Dara Singh @ Rabindra Kumar Pal versus State of Orissa Advocate(s) appeared in this case: For Appellant Mr. ... |
Substantial data relating to Covid-19 resources must not be tampered with: Karnataka High Court | It is necessary to ensure material documents relating to Covid-19 data and stock of medicines, oxygen cylinders, and Remdesivir available are not tampered with. Therefore, the record concerning the supply of oxygen to Chamarajanagar district maintained by the Office of Deputy Commissioner was ordered to be seized immed... | 1 CJ & AKJ: Through Video Conferencing) W.P.No.6435 2020 and connected matters Today the learned Advocate General makes a statement that the State Government has decided to appoint a Commission under the Commissions of Inquiry Act 1952 for inquiring into the incident in Chamarajanagar District of the death 24 COVID pa... |
The Court does not find any mitigating circumstances to consider the prayer for bail to the petitioner however the trial must be concluded as per the time frame indicated in the report: High Court of Patna | The petitioner was arrested under Section 8 Narcotic Drugs and Psychotropic Substances Act, 1985, “Prohibition of certain operations relating to narcotic drug or psychotropic substance”, Section 2, “definitions elaborated under IPC”, Section 20, “Punishment for contravention in relation to cannabis plant and cannabis”,... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 288321 Arising Out of PS. Case No. 13 Year 2019 Thana GOVERNMENT OFFICIAL COMP District West Champaran Sharma Yadav aged about 32 Years Male Son of Sri Chandrika Yadav Resident of Village Daleya PS Kuchai Kote District Gopalganj Union of India through ... |
If security deposit already been forfeited, it will not be refunded: Patna High Court | As all questions of fact and law are left open, and the appropriate authority will consider and decide all issues of fact and law in a timely and positive manner and the security deposit since already been forfeited, it will not be refunded to the petitioner until a decision is reached is upheld by the High Court of P... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.100521 Hari Mohan Bishwas a Proprietorship firm through its Proprietor Hari Mohan Bishwas aged about 45 yrs.Son Son of Sri Sagam Lal Bishwas Resident of Village Bharra Post office Kalsar P.S. Dandkhora Anchal Hasanganj Distt Katihar 854337 Petitio... |
Promotion to be kept under sealed cover if disciplinary proceedings initiate after departmental recommendations: Delhi High Court | In the sphere of departmental proceedings, if any disciplinary proceedings initiates after the recommendations for promotion has been received then such recommendation should be kept under sealed cover until the proceedings are discharged. The quorum of Rajiv Sahai Endlaw J. and Amit Bansal J. were faced with interdepa... | W.P.(C) 2852 2021 Mr. Amit Sinha Advs. Date of decision: 26th April 2021. IN THE HIGH COURT OF DELHI AT NEW DELHI DINESH SINGH ..... Petitioner Through: Mr. R.V. Sinha Mr. A.S. Singh and DR. AJAY BHUSHAN PANDEY & ORS. HON BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON BLE MR. JUSTICE AMIT BANSAL VIA VIDEO CONFERENCING] RAJIV S... |
Suits instituted or defended on behalf of a Government Body; public interest should not be permitted to be defeated on a mere technicality: Delhi High Court | The issue is whether leniency can be given to corporate bodies in suits instituted or defended by them. This was decided in the case of SH Khalifa Chain Sukh v. Delhi Development Authority, decided on 6th December 2021 by Hon’ble Ms. Justice Prathiba M Singh.
The brief facts of this case are that a permanent injunctio... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6th December 2021 C.R.P. 89 2021 & CM APPL. 43521 2021 SH KHALIFA CHAIN SUKH ..... Petitioner Through: Mr. Ram Kishan Saini and Ms. Neelam Saini Advs.Through: Mr. Aschim Vachher Advocate. ..... Respondent DELHI DEVELOPMENT AUTHORITY JUSTICE PRATHIBA M. SINGH Pra... |
Sri Gopal Jalan & Company vs Calcutta Stock Exchange Association Ltd. | When a share is forfeited and re- issued it is not allotment in the sense of appropriation of share out of the authorised and unappropriated capital so as to bring the shares into existence. [Case Brief] Sri Gopal Jalan & Company vs Calcutta Stock Exchange Association Ltd. Case name: Sri Gopal Jalan & Company V... | SRI GOPAL JALAN & COMPANY Vs CALCUTTA STOCK EXCHANGEASSOCIATION LTD DATE OF JUDGMENT SARKAR A.K SARKAR A.K HIDAYATULLAH M SHAH J.C 1964 AIR 250 1964 SCR 698 CITATOR INFO E 1970 SC1750 s. 75 The respondent company did not file any return of the re issued forfeited shares under s. 75of the Act and therefore the appellan... |
The jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact: The Supreme Court of India | Mere findings of fact cannot interfere within the exercise of second appellate jurisdiction given the three limbs of jurisdiction available under Section 41 of the Punjab Courts Act. Findings of fact that are unreasonable, or which are rendered by overlooking the record, therefore, per se do not appear to fall within t... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2021 NO. 35655 OF 2016) AVTAR SINGH & ORS. BIMLA DEVI & ORS. ...RESPONDENT(S) S. RAVINDRA BHAT J. Special leave granted. Counsel for parties were heard with their consent for final disposal of the appeal which questions a judgment and order of the Punjab and Hary... |
The government has the absolute right to retire officials prematurely on sufficient grounds: High Court Of New Delhi | The Petition was filed by the petitioner challenging the dismissal order dated 21st 3. Learned counsel for the Petitioner states that the Petitioner was enrolled in CRPF on 11 July 2021 and seeking his reinstatement in service, and the same issue was held in the judgement passed by a division bench judge HON’BLE MR. JU... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 12551 2021 & C.M.No.39521 2021 CT GD MAHAKAR SINGH ..... Petitioner Through Mr.Ajit Kakkar with Ms.Ria Gandhi UNION OF INDIA & ORS. Respondents Through Mr.Vikrant N.Goyal Advocate. Date of Decision: 10th November 2021. HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVI... |
Standard of proof under disciplinary proceedings need not be ‘beyond reasonable doubt’ mark as in criminal suits: Calcutta High Court | The present appeal before the Calcutta High Court surrounded writs and disciplinary proceedings wherein it was held by the single-judge quorum of Arindam Mukherjee J. that since the disciplinary proceedings have trappings of a civil court procedure; hence the standard of proof need not be beyond reasonable doubt. This ... | IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : THE HON’BLE JUSTICE ARINDAM MUKHERJEE. W.P.A. 21237 OF 2010 SRI MURARI SARKAR UNION OF INDIA & ORS. For the petitioner Mr. Durgadas Purokayastha For the Respondents Mr. M. V. Viswanathan Mr. Jiban Hari Mallick Mr. Sagar Chowdhury ..... |
Pandemic, Natural Calamities and circumstances implicating Law and Order and matters relating to the safety of the accused and witnesses :High court of Sikkim | Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE. In the matter, Th... | THE HIGH COURT OF SIKKIM : GANGTOK Civil Extraordinary Jurisdiction) DATED : 3rd December 2021 SINGLE BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI JUDGE WP(C) No.421 The Karmapa Charitable Trust and Others versus Petitioners Petitioners State of Sikkim of Sikkim and Others WP(C) No.421 The Karmapa Charitable Tr... |
Condition in which prima-facie case of passing off can be made out- Delhi High Court | Intellectual property rights are rights which are been given to persons to protect their own set of ideas, creations, and intellect. Thus, it is the most important facet in the life of the creators which gives credit and authenticity for the same. IPR secures an individual’s right in their sector of development and cre... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 22.02.2021 Judgment Pronounced on: 17.03.2021 CS569 2020 Through Ms.Diva Arora and Ms.Devyani Nath AMPA CYCLES PVT. LTD Through Ms.Kaadambari Adv. for D 1 Mr.Farman Ali Adv. for Mr.Hari Dutt Mr.Hari Dutt Sharm in person HON BLE MR. JUSTICE JAYANT NATH JAYANT... |
Court should avoid the nitty gritties in a matrimonial matter: Supreme Court | The SC expressed its displeasure towards the Trial Court and High Court due the delay in time of trial in the case of T.S.K. Ashwin Kumar versus Tubati Srivally & Ors [Contempt Petition (Civil) No. 444 of 2020]. The bench consisting of CJI S.A. Bobde, J. A.S. Bopanna and J. Ramasubramanian heard a contempt petition... | 2. We have heard Mr. Marlapalle learned senior counsel the first petitioner in the SLP) is the husband of the 1st respondent in both these proceedings. They got married at b) After the marriage the couple went to the United States of America and they came back to India in November 2015 c) On 20.12.2015 the 1st responde... |
The ‘Bail’ provision, especially anticipatory bail, is based on the legal principle of “presumption of innocence”: High Court of Allahabad | The security required by a court for the release of a prisoner who must appear at a future time.” The objective of arrest is to deliver justice by presenting the accused before the Court. However, if the same objective can be achieved without making any arrest then there is no need to violate his liberty. The case was ... | Court No. 77 Case : CRIMINAL MISC. BAIL APPLICATION No. 137421 Applicant : Gaurav @ Gaura Opposite Party : State of U.P Counsel for Applicant : Zia Naz Zaidi Atul Kumar Dharmendra Pratap Singh Praveen Singh Counsel for Opposite Party : G.A Hon ble Krishan Pahal J Heard Mr. Brijesh Sahai learned Senior Advocate assisted... |
If any assurance or promise is to be made by the State Government, it shall be in writing through the Secretary of the concerned Department for the reason that the State is an institution: Manipur High Court | The doctrine of promissory estoppels mandates that the Government cannot escape its liability when a citizen has altered his position relying upon the representation or assurance made by public officials. as upheld by the High Court of Manipur through the learned bench led by Justice Kh. Nobin Singh in the case of H. N... | IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 6220 H. Nilamani Ngangkha Lampak Sports Complex Development Committee Moirang a registered Society being Regd. No. 60 of 2009 represented by its Vice President Moirangthem Ibocha Singh aged about 65 years S o M. Iboton Singh of Moirang Ngangkhalawai Awang Leikai P.O. & P... |
An AD INTERIM EX PARTE impounding order passed against the noticees for violation of SEBI regulation – THE SECURITIES AND EXCHANGE BOARD OF INDIA | An AD INTERIM EX PARTE impounding order passed against the noticees for violation of SEBI regulation – THE SECURITIES AND EXCHANGE BOARD OF INDIA A preliminary examination was conducted by SEBI into trading activities of certain entities and found violations in provisions of Securities and Exchange Board of India Act... | Ad Interim Ex Parte Impounding Order in the matter of trading activities of Hemant Ghai & Ors. WTM AB IVD ID3 20 2021 22 SECURITIES AND EXCHANGE BOARD OF INDIA AD INTERIM EX PARTE IMPOUNDING ORDER Under Sections 11111111Band 11 Bof the Securities and Exchange Board of India Act 1992 In respect of: 1. 2. 3. Name of the ... |
Loss of future income is an essential component of compensation in injury cases : Jammu and Kashmir High Court | It is the duty of the Tribunal to ensure that the injured boy is paid the compensation, which is just and reasonable. This was held in the judgment passed by a single judge bench comprising of HON’BLE MR. JUSTICE SANJAY DHAR, in the matter National Insurance Company Ltd. V. Umar Ghulam Zargar and ors. [CMAM No. 52/2010... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Reserved on: 19.06.2020 Pronounced on: 25 .06.2020 National Insurance Company Ltd. Through : Umar Ghulam Zargar and ors. CMAM No. 52 2010 Mr. J.A. Kawoosa Advocate. Through : Mr. Mir Manzoor Advocate. Coram: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE ORDER Umar Ghulam Zargarwas a ... |
Time-period of six months for cooling off u/S 13-B of HMA can be waived by the Court under special circumstances: Delhi High Court | In the matter concerned with mutual divorce u/S 13-B of the Hindu Marriage Act, 1956, the Delhi High Court bench constituting Pratibha M. Singh J. opined that in light of undue delay in passing of motion by the Family Court, the six month time period for cooling off may be waivered. The present matter in Kavita Malik v... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3922 2021 & CM APPL. 11792 2021 KAVITA MALIK ..... Petitioner Through: Ms. Juhi Arora Advocate. Date of decision: 16th April 2021. STATE OF NCT OF DELHI ..... Respondent Through: Mr. Sumit Jidani Advocate for R 1 M 9810664300) JUSTICE PRATHIBA M. SINGH Prathiba M. Singh ... |
Victory margin being narrow could not have been a ground for issuing order of recounting of votes: High Court of Jammu & Kashmir and Ladakh | The election can be questioned only on the ground that the election has not been free election by reason that corrupt practice or bribery or undue influence has extensively prevailed in that election and that the result of the election has been materially affected by the improper acceptance or rejection of any nominati... | HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU CJ Court Case: LPA No. 2519 Farooq Ahmed Reserved on 10.09.2021 Pronounced on 06.10.2021 Through : Sh. Ajay Singh Kotwal Advocate in LPA No. 2519 Sh. R. K. Jain Sr. Advocate with Sh. Pankaj Jain Advocate in OWP No. 3119 Smt. Rozina Afzal Advocate in WP(C) Nos. 2018 & ... |
Principles of natural justice to be followed in all cases regarding termination: Chhattisgarh High Court | Any person who is being terminated must be given a show cause notice and a chance to be heard. Not following this would make the termination order void and the person is entitled for reinstatement. This was held by Hon’ble Justice Sanjay K. Agrawal in the case of Smt. Indira Patel vs. State of Chhattisgarh and Ors. [Wr... | 1AFRHIGH COURT OF CHHATTISGARH BILASPURWrit PetitionNo.76611Smt. Indira Patel W o B.C. Patel aged about 37 years OccupationTerminated Aganwadi Worker R o Ward No.24 Rani Laxmibai Ward Dallirajhara New Bus Stand District DurgPetitionerVersus1.State of Chhattisgarh through the Secretary Women and ChildDevelopment Departm... |
The protection of legitimate is at the root of the constitutional principle of the rule of law, it requires certainty in governments dealings with the public: High Court of J&K and Ladakh | A case for applicability of the doctrine of legitimate expectation arises when an administrative body by reason of a representation, which it would be within its powers to fulfil, unless some overriding public interest comes in the way as held by the High Court of J&K and Ladakh through a learned bench of Justice V... | Sr. No. 5 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Reserved on: 11.11.2021. Pronounced on:17.11.2021. Case: LPA No. 219 State of Jammu and Kashmir and others .....AppellantThrough : Sh. Adarsh Bhagat GA. Abdul Majid and others Through : Sh. Ajay Abrol Advocate. Sh. Anirudh Sharma Advocate vice Sh. Rah... |
Conditions under S.50 of the NDPS Act apply only to personal search of the accused: High Court of Karnataka | Procedure of search under S. 50 of the NDPS Act applies only to personal search of the accused. Here in this case, the parcel was seized while the accused was accepting the same from the Postal authorities. It is nothing but catching red-handedly, while the accused was receiving the parcel. This was held in SRI ARJAV D... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH 2021 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION No.80620 SRI ARJAV DEEPAK MEHTA AGED ABOUT 27 YEARS S O DEEPAK MEHTA R AT PRAYAG MANSION FLAT NO.503 5TH FLOOR B.NO.37 No.2 1st MAIN B BLOCK VINAYAKANAGAR KONENA AGRAHARA BENGAL... |
Jurisdiction of the High Courts can be invoked if there is no alternative remedy for the petitioner – High Court of Sikkim | The jurisdiction of High Courts under article 226 is applicable only when the other available solutions have been exhausted or are unavailable. Such a power must be exercised only in exceptional circumstances and the discretion of the judges must be within the procedure established. This was upheld by the Hon’ble Mrs. ... | HIGH COURT OF SIKKIM Record of Proceedings Virtual Court No.2 W.P.(C) No.221 M S LINKWELL TELESYSTEMS PVT. LTD. VERSUS PETITIONER THE STATE OF SIKKIM & ORS. RESPONDENTS Date: 09.06.2021 THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI JUDGE For Petitioner Mr. Sajal Sharma Advocate. Mr. Sudesh Joshi Additional Advocate Gove... |
Revisional jurisdiction should be connoted to have a narrower jurisdiction when compared to Appellate Jurisdiction: Bombay High Court | The High Court in revisional jurisdiction should not re-appreciate the evidence as if in the First Appeal and enter different finding even though another finding might also be possible since circumstances in which “appeal” and “revision” are employed in the statute are different. The expression “revision” is meant to c... | on 08 04 2021 on 17 04 5 CRA 43 2020.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONCIVIL REVISION APPLICATION NO.43 OF 2020 Shri Shripad Bhaskar Bhagwat& Ors. … ApplicantsVsSmt. Mangal Madhukar Jogalekar& Ors. ... Respondents…Mr. Sugandh B. Deshmukh for the Applicants. Mr. Siddharth C. Wakan... |
Trial Court should not make any endorsement on original document until the period of limitation to challenge decree has passed: High Court of New Delhi | Trial Court shall not proceed to make any endorsement on the documents which are produced and filed by the petitioner in compliance with the Impugned order till the period of limitation for challenging any decree that may be passed, if at all, against the petitioner has expired and subject to any orders being passed by... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 05.04.2021 CM(M) 25 2021 & CM APPL. 1198 2021 MS. ANITA CHANDRA Through Mr.Abhishek Batra Adv. ..... Petitioner MR. SUDHIR CHANDRA AND ORS Through Mr.Omprakash Adv. ..... Respondents HON BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA J.This petition has been filed b... |
The role of the employer at stage of reference is only administrative and cannot quasi-judicial or judicial function: High Court of Delhi | An employer cannot function in a judicial or a quasi-judicial function with respect to the regulation of its employees irrespective of whether the employer can be classified as an industry or not. This was held in the judgement passed by a single member bench of the High Court of Delhi consisting of Justice Prathiba M.... | 16 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd July 2021 W.P.(C) 8235 2020 & CM APPL. 26694 2020 Through: Mr. Anuj Aggarwal Advocate. ..... Petitioner JUSTICE PRATHIBA M. SINGH GOVERNMENT OF INDIA & ORS. Through: Ms. Arti Bansal Advocate. ..... Respondents Prathiba M. Singh J.This hearing has been do... |
Absence of govt. employee without prior permission is a valid ground for dismissal: High Court of Calcutta | When an order by a disciplinary authority of a public institution is passed for removal of an employee on the grounds of unauthorized absence, it cannot be set aside if it is evident that the employee had acted in irresponsibly during the absence. This was decided in the case of Anupam Das Vs. Allahabad Bank & Ors ... | IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Present : Hon’ble Justice Amrita Sinha WPA No. 131818 Allahabad Bank & Ors For the writ petitioner Mr. Samim Ahammed Adv Mr. Arka Maity Adv Mr. Utsav Dutta Adv Ms. Saloni Bhattacharya Adv For the respondent Bank Mr. Om Narayan Rai Adv Hearing concluded on A... |
The principal of multiplier is applicable in case of 20% permanent disability incurred in a motor vehicle accident: Bombay High Court | The claimant is entitled to receive compensation by applying the principal of multiplier in addition to the compensation granted by the Hon’ble tribunal for the 20% permanent disability incurred during the motor vehicle accident, in addition, interest @7.5% on the whole amount from the date of institution of the claim ... | on 30 10 2021 on 02 11 1fa354.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH AT NAGPURFIRST APPEAL NO.354 2010Arvind Rajaram Nikhade aged about 55 years Occ. Service r o Balvant Colony Near Mitra Nagar Kaulkhed Road Akola Tq. Dist. Akola. .....APPELLANT...V E R S U S...1The Oriental Insurance Co. Ltd. Akola ... |
Residents of Jammu and Kashmir can approach the NHRC in case of any Human Right Violation: Jammu & Kashmir High Court | In case of any Human Right violation the residents of Jammu and Kashmir can approach the National Human Rights Commission. As under the J&K Reorganization Act, the Human Rights Commission of the Union Territory has ceased to exist. The Jammu and Kashmir High Court presided over by J. R. Bindal & J. P. Gupta lai... | Serial No. 206 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR WP(C) PIL No. 17 2020(Through Video Conferencing) Sandeep Mawa …Petitioner(s) Through: Mr. Salih Pirzada Advocate Pronounced on: .12.2020 Reserved on: 16.12.2020 Union of India and others ….Respondent(s) Through: Mr. T. M. Shamshi ASGI for the respondent Nos. 1... |
It is not a father’s ambition that defines the standards for selection in the Indian Army – Delhi High Court | In the case of Dhruv Jakhar Vs Union of India & Ors. [W.P. (C) 5622/2020] Hon’ble Justice Rajiv Sahai and Justice Asha Menon advised the father of the petitioner to allow his son the freedom to choose his life path and allow him to blossom forth in whatever he so chooses, which is certainly not the Indian Army. The... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.5622 2020 Date of Decision: 29th September 2020 DHRUV JAKHAR Through: Mr. Karan Dewan and Ms. Petitioner Aanchal Jain Advs. UNION OF INDIA & ORS. Through: Mr. Satya Ranjan Swain CGSr.C with Mr. Sameer Sinha GP with Major Katoch Legal Cell HON BLE MR. JUSTICE RAJIV SAHAI ENDLA... |
The petitioner was released on bail after being arrested under Sections 414/34IPC and 30(a)(d) of the Bihar Prohibition and Excise Act 2016:High court of Patna | The petitioner was taken into custody and was held behind bars under Sections 414IPC, “Assisting in concealment of stolen property”, section 34 IPC, “Acts done by several persons in furtherance of common intention” and 30(a)(d) of the Bihar Prohibition and Excise Act 2016, “Penalty for unlawful manufacture, import, exp... | Date : 03 08 2021 IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 374721 Arising Out of PS. Case No. 97 Year 2020 Thana RAGHOPURDistrict Vaishali Kapleshi Rai @ Kapeshi Rai @ Papleshi Rai aged about 28 years Gender Male son of Santa Rai Resident of Village Sukumarpur P.S. Raghopur Rustampur OP) Dist... |
B.K Pavitra & Ors V/s Union Of India & Ors | In the absence of any consequential seniority rule, “catch up” rule would apply. On 27th April 1978, the policy of Reservation in Promotion was introduced in the state of Karnataka, in which reservation up to 15% and 3% was given to the people of scheduled castes and scheduled tribes category, respectively.A roster of... | IN THE CIVIL APPELLATE JURISDICTION OF 201 CIVIL APPEAL NO. B.K. PAVITRA & ORS. …APPELLANTS UNION OF INDIA & ORS. CIVIL APPEAL NOS.2369 OF 2011 2370 2373 OF 2011 2374 2377 OF 2011 2378 OF 2011 2379 OF 2011 4320 4327 OF 2011 AND 5280 5286 OF 2011 JUDGMENT ADARSH KUMAR GOEL J These appeals involve the question of validit... |
Fraud is One of the Exceptions for Grant of Injunction in Respect of Bank Guarantees: High Court of New Delhi | The Court have explained the concept of fraud to be of ‘an egregious nature as to vitiate the underlying transaction’, that fraud has to be of a very high degree, one which would vitiate the very foundation of the bank guarantee.This honorable judgement was passed by High Court of New Delhi in the case of AMR-BBB Conso... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved Date: 11th February 2021 Pronounced on: 26th March 2021 4010 2021COMM) 20 2021 CMs No.4009 2021 AMR BBB CONSORTIUM THRO’ LEAD PARTNER AMR INDIA LTD. Appellant Through: Mr. Sandeep Sethi Senior Advocate with Mr. Brijesh Kumar Goel and Mr. Rajeev Kumar Advocates. BHARAT CO... |
Old Pension Scheme to be applicable to those who were selected via examinations in or before 2003 : Delhi High Court | Old Pension Scheme is applicable to those who were selected in the examinations conducted in 2003 but were issued letter in January or February, 2004. The High Court bench consisting of J. Manmohan and J. Asha Menon allowed a petition making Personnel Below Officer Rank in the Central Reserve Force Border Security For... | IN THE HIGH COURT OF DELHI AT NEW DELHI Suppl. 50 to 65 W.P.8208 2020 SI MIN M.R. GURJAR AND ORS Through: Mr. Nikhil Palli Advocate. UNION OF INDIA AND ORS Through: Mr. Rakesh Kumar CGSC. W.P.9252 2020 SHABAD PRAKAASH PUNIA AND ORS Through: Mr. Ankur Chhibber Advocate. UNION OF INDIA AND ORS. Through: Mr. Arun Bhardwa... |
Under Order VII Rule 11 a plaint can only be rejected as a whole and not in part: Bombay High Court | The plaint can and must be rejected in exercise of powers under Order 7 Rule 11(d) CPC on account of non-compliance with mandatory requirements or being replete with any institutional deficiency at the time of presentation of the plaint, ascribable to clauses (a) to (f) of Rule 11 of Order 7 CPC. In other words, the pl... | on 23 04 2021 on 24 04 1 C.R.A. No. 16 2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 121 1.Aurangabad Smart City Development Corporation Limited through its Additional Chief Executive Officer Smart City Office War Room Dr. Babasaheb Ambedkar Research Centre near Aam ... |
Taking custody of bride’s jewellery not cruelty u/s 498A IPC: Supreme Court | The issue whether taking custody of the bride’s jewellery for safekeeping could be consider to fall within the purview of cruelty under section 498A of IPC was dealt and decided upon by a division bench of the Supreme Court consisting of Justice Indira Banerjee and Justice J K Maheswari in the matters between Deepak Sh... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 83 OF 2022 Arising out of S.L.P.(CRL.) No. 9762 OF 2021 O R D E R STATE OF HARYANA & ORS No one has appeared on behalf of the Respondent No.2 in spite This appeal is against an order dated 24.11.2021 passed by the High Court of Punjab and Haryana at Chandigarh ... |
Even if the allegations made in FIR are accepted in their entirety, it does not prima facie constitute any offence against the accused: High Court of Delhi | Where the allegations made in the first information report or the complaint, are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused and the same was upheld by High Court of Delhi through the learned bench led by JUSTICE ASHA MENON i... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 16th March 2022 CRL.M.C. 1064 2022 & CRL.M.A.4586 2022MR. ABHISHEK GUPTA & ANR. .....Petitioners Through: Mr. Tanmaya Mehta Mr. Arjit Kumar Singh Ms. Shreya Gupta and Ms. Vasu Vats Advs. STATE OF NCT OF DELHI & ANR. .... Respondents Through: Mr. Sanjay Jain ASG wi... |
Mandate of Article 22(5) of Indian Constitution requires that the grounds of detention must be communicated to the detenu: High Court of J&K and Ladakh | In view of the various laws laid down by the Apex Court vitiates the detention order, as not amounting to effect communication of grounds, and resultant deprivation of the right to make representation against the same as held by the Hon’ble High Court of J&K and Ladakh through a learned bench of Hon’ble Mr. Justice... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Case no.No. 33 2020 Reserved on 23.09.2021 Pronounced on 28.09.21 …Petitioner Syed Faheem Indrabi Adv. Mohammad Asif Raina Union Territory of J&K and ors Through : Ms. Asifa Padroo AAG. Hon’ble Mr. Justice Ali Mohammad Magrey. JUDGMENT Detenu Mohd Asif Raina son of K... |
Dismissing the writ petition on grounds of delay should not be the thumb rule: Supreme Court | High Court should exercise its discretion while hearing a petition that has been delayed in filing and dismissing the writ petition on grounds of delay should not be the thumb rule and the court should exercise its judicious discretion after considering all pros and cons of the matter, including the nature of the dispu... | limine only on the ground of delay as having been preferred ten 3. Ms. Shobha Gupta learned counsel for the appellant submits that it holds a valid licence under the Drugs and Government of Andhra Pradesh. M s Palak Pharmaceuticals year 2007 and in turn had supplied it to the respondent under a tender notice dated 04.1... |
A police officer before arrest has to be satisfied that such arrest is necessary to prevent from committing any further offence: High Court of Delhi | A police officer before arrest, has to be satisfied that such arrest is necessary to prevent such person from committing any further offence or for proper investigation of the case or to prevent the accused from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or to preven... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: 10th March 2022. BAIL APPLN. 720 2022 CRL.M.(BAIL) 244 2022 & CRL.M.A. SH. MUKHTER AHAMED ..... Petitioner Through: Mr. Ravi Kapoor and Mr. Jitender Kumar Mr. Rishav Ambastha Mr. Amandeep Singh and Mr. Gazi Gulfam Advs. STATE OF NCT OF DELHI ..... Respondent Throu... |
Circumstances that were not put to the accused in his examination under Section 313 CrPC cannot be used against him and have to be excluded from consideration: Meghalaya High Court | The Court is legally required to bring before the complainant and request his response to the incriminating circumstances. This rule is obligatory and imposes an essential obligation on the court and gives the convicted a corresponding right to explain all criminal information against him. Circumstances that have not b... | Serial No.2 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.A. No. 18 Shri. Alphon Khardewsaw Date of Hearing: 05 04 2021 Date of Decision:06 05 2021 State of Meghalaya. Vs. Hon’ble Mr. Justice Ranjit More Judge Hon’ble Mr. Justice W.Diengdoh Judge Mr. B.K.Biswa Adv. Mr. M.Halder Adv. For the Petitioner Appellant(... |
Petitioner seeks for parole as he was the only one available to solemnize the marriage of his daughter and the court granted the same: High court of Punjab and Haryana at Chandigarh | Parole is conditional freedom for a prison inmate. The prisoner also called a “parolee” gets out from behind bars but has to live up to a series of responsibilities. A parolee who doesn’t follow the rules risks going back into custody. The parole was granted to the petitioner for the marriage of his daughter however w... | on 08 07 CRWP 4395 2021 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP 4395 2021 DATE OF DECISION: 20.05.2021IQBAL ...PETITIONER...V.STATE OF HARYANA AND OTHERS...RESPONDENTS...CORAM: HON BLE MR. JUSTICE JASWANT SINGH HON BLE MR. JUSTICE SANT PARKASHPresent:Mr. Mohd. Shahid Hussain Advocate for the petit... |
Court can deny pre-trial amendment in plaint only in exceptional cases: High Court of Karnataka | When an application is made for amending the original plaint submitted, the court cannot deny leave to amend unless there is some exception like inconsistent pleas and it shall ordinarily lean in favor of granting the permission to amend. This was decided in the case of Puttamma v. Chittibabu [Writ Petition No. 30810 o... | ...PETITIONER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY 2021 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.30810 OF 2018SMT. M P PUTTAMMA W O RAMACHANDRAIAH AGED ABOUT 46 YEARS RESIDING AT NO.10 KHATHA NO.202 HOSAKEREHALLI VILLAGE BANGALORE SOUTH TALUK BANGALORE 5... |
A litigant ought not to suffer due to the mistake by the counsel: Delhi High Court | Though, this Court is usually not inclined to allow evidence at the stage of final arguments, considering the fact that the documents in the case at hand were already on record with an application, and it only appears to have been a mistake by the counsel for the Defendant, this Court is of the opinion that a litigant ... | A 17IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 8th November 2021 C.R.P. 272 2019 & CM APPL. 51182 2019 ASHOK KUMAR SHARMA Through: Mr. Bharat Gupta & Mr. Varun ..... Petitioner Tyagi Advocates. SUSHIL CHANDER SHARMA & ORS Through: Mr. Subhash Sharma Advocate. JUSTICE PRATHIBA M. SINGH Prathiba M. Singh J... |
Courts should not enlarge history sheeter accused on bail with a blinkered vision: Supreme Court | There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail. This was said in the case of Sudha Singh vs The State Of Uttar Pradesh [CRIMINAL A... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 448 OF 2021 SPECIAL LEAVE PETITIONNO. 3577 0F 2020 SUDHA SINGH … APPELLANT(S THE STATE OF UTTAR PRADESH & ANR. …RESPONDENT(S JUDGMENT This is a criminal appeal filed against the order of the Allahabad High Court granting bail to the accused who has been arreste... |
Denying Appointment to women only on the ground that nature of the employment would require working during night hours is violative of Fundamental Rights: High Court of Kerala | A woman who is fully qualified cannot be denied her right to be considered for employment only on the basis of her gender. It is the bounden duty of the respondents who are Government and Government functionaries to take all appropriate steps to see that a woman is able to carry out the duties assigned to her at all ho... | Treasa Josfine vs State Of Kerala on 9 April 2021 Kerala High Court Treasa Josfine vs State Of Kerala on 9 April 2021 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY THE 09TH DAY OF APRIL 2021 19TH CHAITHRA 1943 WP(C).No.25092 OF 2020(J PETITIONER : TREASA JOSFINE AGED ... |
Prima Facie case against the accused governs the Grant of bail under Section 43(5)D of UAPA: Supreme Court of India | While considering the grant of bail under Section 43D (5) in The Unlawful Activities (Prevention) Act, 1967, it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not. This auspic... | IN THE CRIMINAL APPELLATE JURISDICTION Arising out of SLPNos . 314 315 of Nos 6259 62620) Sudesh Kedia Appellantread with Sections 17 18 21 of the Unlawful ActivitiesAct 1967 along with Sections 25(a) 26 35 of the Arms Act and Section 17 (2) of the Criminal Law Amendment Act The application filed for grant of bail was ... |
Petitioner Enlarged on bail by the High Court for criminal breach of trust: Karnataka High Court | The criminal petition is filed under section 438 of Cr.P.C (direction for grant of bail to a person apprehending arrest) praying to be enlarged on bail, by the petitioner for the offence punishable under section 403 (dishonest misappropriation of property), 406 (punishment for criminal breach of trust), 408(criminal br... | 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.289 2022 BETWEEN: 1. KESHAVA M.P. S O PUTTASWAMAIAH AGED ABOUT 34 YEARS. 2. PAVITHRA SURESH W O KESHAVA M.P. AGED ABOUT 32 YEARS. BOTH ARE RESIDING AT NO.116 3RD MAIN 3RD CROSS W... |
Non-bailable warrant cannot be issued without the execution of service report: High Court of Jharkhand | Non-bailable warrants are usually issued in cases where the accused has showed signs of absconding or the presence of the accused person cannot be secured. However it is necessary that the service report is executed before any non-bailable warrant can be issued. This was upheld by a single member bench of the High Cour... | Cr.M.P. No. 7021 IN THE HIGH COURT OF JHARKHAND RANCHI 1.Khubhi Mahto @ Khugi Mahto s o late Yugal Mahto aged about 63 2.Ranjit Prasad @ Ranjeet Kumar s o Khubhi Mahto aged 28 years 3.Kalawati Devi w o Khubhi Mahto aged about 61 years All r o village Chandra Marani PO and PS Sariya District Giridih ….. Petitioners Ver... |
“Appellant files appeal after approximately eight months after the last date permissible under 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 Aarti Harshad Patil v CPIO, SEBI, Mumbai (Appeal No. 4367 of 2021) dealt with an issue in connection with Section 2 (f), Section 8 (1) (d) and Sectio... | 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 ... |
There is no element of permanence connected to the term ‘resides’ under the Hindu Marriage Act : The High Court of Calcutta | The court interpreted Section 126(1)(b) and implied that is a proceeding under Section 125 of the Hindu Marriage Act may be taken against any person in any district where he or his wife resides. Reliance was placed on the case Vijay Kumar Prasad Versus State of Bihar and others (2004) 5 SCC 196, in the case of Sri Debm... | IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION THE HON’BLE JUSTICE JAY SENGUPTA C.R.R. 764 Of 2019 Sri Debmalya Chattopadhyay Smt. Baisakhi ChowdhuryFor the petitioner For the Opposite Party : Mr. Tapas Kr. Ghosh Mr. Tanmoy Chowdhury : Mr. Uday Sankar Chattopadhyay Mr. Santanu Maji Ms. Snigdha Saha Mr. ... |
No right and/or equity is created by practice of fraud as fraud vitiates everything : The High Court of Calcutta | The High Court of Calcutta commented on the case of admission process being corrupt and fraudulent involving the seats of MDS course(Master of Dental Surgery). The Hon’ble High Court of Calcutta led by the division bench through Mr Chief Justice Rajesh Bindal and Mr Justice Rajarshi Bharadwaj in the case of Amiya Sarka... | IN THE HIGH COURT AT CALCUTTA Appellate Side) CONSTITUTIONAL WRIT JURISDICTION Pronounced on: 01.10. 2021 WPA 77920 With CAN 1 OF 2020 Amiya Sarkar ........Petitioner The State of West Bengal & Ors. ........Respondents Through: Mr. Uday Chandra Jha and Ms. Maheshwari Sharma Advocatses present through VC Vs Through: Mr.... |
If it is summoned by the Court then respondent needs to appear or represent them through counsel for opposition : High Court of Kerala | Court has validly served the respondent to be present in person or to be represented through counsel inferentially guiding to the impression that they have something to offer in opposition to the various reliefs sought for in this writ petition and was upheld by High Court of Kerala through the learned bench led by HON... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY THE 21ST DAY OF MARCH 2022 30TH PHALGUNA 1943 WP(C) NO. 6492 OF 2022 THAHIRA N.P. AGED 50 YEARS W O. ABDUL BASHEER GAREEB NAWAS KOLARI AMSOM KALLOOR DESOM MATTANNOOR P.O THALASSERY TALUK KANNUR DISTRICT PIN 670 702 ABDUL BASHE... |
There is sufficient power in the Courts, under the Code of Civil Procedure, to ensure that injustice is not done to any party who has a just case: High Court Of Chhattisgarh | Under Order 9 Rule 13 CPC an ex parte decree passed against a defendant can be set aside upon satisfaction of the Court. Such an opinion was held by The Hon’ble High Court Of Chhattisgarh before The Hon’ble Shri Deepak Kumar Tiwari in the matter of Bagas Ram Verma Vs. Sanjay Kumar [MA No. 91 of 2019]. The facts of the... | 1NAFRHIGH COURT OF CHHATTISGARH BILASPUR MA No. 919Order Reserved On : 18 10 2021 Order Passed On : 01 11 2021Bagas Ram Verma S o Lt. Shri Gaindu Ram Verma Aged About 50Years R o Village Rahud P.S. And Tah. Khairagarh DistrictRajnandgaon Chhattisgarh. At Present R o Sisly Matale Gali Ward No. 05 Rajnandgaon Tah. And D... |
Government authorities to ensure that public land is not encroached upon by converting them into places for worship: Delhi High Court | “This Court expresses grave concern over the fact that public land is sought to be encroached upon under the shelter of a place of worship. As is seen in a large number of cases, rights are claimed by parties under the garb of temples or other places of worship located on government land. This trend has been repeatedly... | BAL BHAGWAN IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11th November 2020 Date of decision: 18th December 2020 CM416 2019 ..... Petitioner Through: Mr. Y. K. Kapur and Mr. Manish Vats Advocates416 2019 girdawari. The translation of the Khasra girdawari filed by the Petitioner is taken on record. Application ... |
The demand of illegal gratification is sine qua non to constitute the offence and mere recovery of currency notes cannot constitute the offence under Section 7 : The High Court of Chhattisgarh | In a case of illegal gratification, there are three essential ingredients to constitute the offence. They are (i) demand, (ii) acceptance and (iii) recovery. The aforesaid has been established by the High Court of Chhattisgarh while adjudicating the case of Bhimendra Kumar Verma v. State of Chhattisgarh [Criminal Appe... | NAFRHIGH COURT OF CHHATTISGARH BILASPURCriminal Appeal No.13619Judgment Reserved on : 22.9 . 2021 Judgment Delivered on : 18.10.2021Bhimendra Kumar Verma son of Late Udayram Verma aged about 47 yearspresently residing at Village Jaamgaon Police StationPatanDistrict Durg Chhattisgarh Appellantversus State of Chhattisgar... |
Court finds substance to reduce the substantive sentence inflicted on the appellant : High Court of Delhi | The instant appeal has been filed under section 374 of the Code of Criminal Procedure Code, 1973.”) by the appellant against the judgment of conviction dated 15th January, 2016 passed by learned Additional Sessions Judge-01, North District, Rohini, Delhi (hereinafter “learned ASJ”) in Session Case (SC) No. 39/2015, whe... | IN THE HIGH COURT OF DELHI AT NEW DELHI 21st January 2022 Reserved on: Pronounced on: 04th March 2022 CRL.A. 321 2016 & CRL.MNo. 385 2020 LAXMAN @ LUCKY ..... Appellant Through: Mr. Vijay Kumar Shukla Ms. Nupur Shukla Mr. Anirudh Gulati and Mr. Digant Mishra .... Respondent Through: Mr. Panna Lal Sharma APP. HON’BLE M... |
If the nature of injury renders a person 100% disable of his vocational capacity, then in such case it would be considered as a permanent disability: Chhattisgarh High Court. | Any form of disability which prevents a person from performing his duty as he used to do prior would be treated as 100% disability in his/her vocational capacity. This requires insurance companies to follow their clauses accordingly. This was decreed by Hon’ble Shri Justice Goutam Bhaduri in the case of Yaduvir Singh B... | 1AFRHIGH COURT OF CHHATTISGARH BILASPUR WPC No. 16413Ex.S.I.(GD) Yaduvir Singh BishtS o Late Balwant Singh Bisht AgedAbout 63 Years No. 710240216 BN 55 CRPF R o RZ C 2 134 D MahabirEnclave Part 1 Street No.4 New Delhi 110045 Petitioner Versus 1.National Insurance Company Limited Through Divisional Manager DivisionalOf... |
Appellant has 8 queries regarding Karvy’s closure cum transfer application: SEBI, Part 1. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Amarjeet Singh adjudicated in the matter of Ashok Kumar Agarwala v CPIO, SEBI, Mumbai (Appeal No. 4365 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Informatio... | 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... |
The prejudice caused even by a single day’s infringement of intellectual property is, in principle, incalculable: The High Court of Delhi | Damages are entirely insufficient as a panacea for the holder of a valid patent which is infringed by another. Intellectual property has its own sanctity. A seller cannot be allowed to flood the market with a product that has been patented by someone else in lieu of finishing the leftover stock and damage the rights of... | J IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 02.06.2021 Judgment Pronounced on: 18.06.2021 CS(COMM) 474 2020 WILLOWOOD CHEMICALS PVT LTD Through Mr.Hemant Singh Ms.Mamta Jha Mr.Ankit Arvind and Ms.Mamta Bhadu Advs. ..... Plaintiff INDO SWISS CHEMICALS LTD & ANR. Defendants Through Mr.Akhil Sibal Sr.A... |
Conviction for heinous offence should not be sole grounds to reject parole: High Court of Himachal Pradesh | Parole refers to a conditional freedom which a prison inmate may be granted for a short period of time where he has to live up to certain responsibilities and will generally be supervised by a parole officer. A bench consisting of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia of the High Court of Hi... | Hig h C o urt of H.P on 06 06 CIS IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CWP No. 49620 Decided on: 04.06.2021Yashpal @ Jaspal @ Mintu …PetitionerVersus State of Himachal Pradesh and others …Respondents_____________________________________________________________Coram:Hon’ble Mr. Justice Tarlok Singh Chauhan Jud... |
Extension of Time to Submit Resolution Plan cannot be extended on grounds of Pandemic when Online Facilities are Available: National Company Law Appellate Tribunal, Principal Bench, New Delhi | With the availability of abundant remote working technology, whether the Covid-19 pandemic would be tenable as grounds for grant of extension for submission of Resolution Plan, was a question considered by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, before a bench consisting of Justice Anan... | National Company Law Appellate Tribunal Principal Bench New Delhi COMPANY APPEAL(INSOLVENCY) No. 2521 Arising out of Order dated 02nd February 2021 passed by National Company Law Tribunal Kolkata Bench Kolkata in I.A. No. 1010 KB 2020 in C.P.No. 1444 KB 2018). IN THE MATTER OF: CRPL Infra Private Limited 121 Chitranjan... |
The motive of the appellant to do away with the victim has not been established nor was it established that they had inimical relations: High court of Sikkim | Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Meenakshi Madan Rai, J. In the matter Subash Thapa versus ... | THE HIGH COURT OF SIKKIM : GANGTOK Criminal Appeal Jurisdiction) DATED : 14th December 2021 DIVISION BENCH : THE HON’BLE MR. JUSTICE BISWANATH SOMADDER CHIEF JUSTICE THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI JUDGE Crl.A. No.018 Appellant Subash Thapa versus Respondent State of Sikkim Appeal under Section 374(2) of t... |
Relevant date for determining the foreign exchange rate applicable to an arbitral award : High Court of Delhi | The exchange rate as applicable on the date when the petition of challenge to an arbitral award is dismissed, will be the relevant date for ascertaining the exchange rate applicable for determining the INR equivalent to the amounts awarded in foreign currency. This was held in VOITH HYDRO LTDA & ORS v. NTPC LIMITED... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 19.03.2021 OMP (COMM.) 64 2018 & IA No. 5231 2018 EA 960 2019 EA 194 2020 EA 196 2020 EA 988 2020 & EA VOITH HYDRO LTDA & ORS. .... Decree Holders NTPC LIMITED .... Judgment Debtor Advocates who appeared in this case: For the Decree Holders : Mr Ciccu Mukho... |
Criminal revision petition challenging the impugned order dismissed as the order does not call for revisional jurisdiction – Jharkhand high court | Criminal revision petition challenging the impugned order dismissed as the order does not call for revisional jurisdiction – Jharkhand high court A criminal revision petition was filed by the petitioner challenging the impugned order passed under section 125 CRPC and directed the petitioner to give maintenance to oppo... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 6414 Kaleshwar Rabani @ Kauleshwar Rabani S o Late Jitu Ram Rabani resident of Village Gola P.O. & P.S. Gola District 1. The State of Jharkhand 2. Geeta Devi W o Kauleshwar Rabani D o Late Bal Kichun Rabani at present resident of Village Basariya P.O. & P.S. Keredar... |
The probationer is allowed to continue his work only, if there is vacancy and the work is found to be satisfactory: Madhya Pradesh High Court | If the probationer is able to resume after the two-year duration has expired, automatic certification cannot be asserted as a matter of right because, according to the Rules, the confirmation request will be passed only if there is a vacancy and the job is considered to be acceptable, such are the prerequisites or prec... | THE HIGH COURT OF MADHYA PRADESH 1 WP 218118 Sinnam Singh vs. State of MP and Ors. Gwalior Dated :23 03 2021 Shri Prashant Sharma Counsel for the petitioner. Shri Varun Kaushik Govt. Advocate for the respondents This petition under Article 226 of the Constitution of India has been filed against the order dated 02 01 2... |
Evidence and not inference required to prove abetment – SC | In the case of Gurcharan Singh Vs State of Punjab [Criminal Appeal No 40 of 2011], Supreme Court held that the act of abetment by the person charged with it, must be proved and established by the prosecution before he could be convicted under Section 306 IPC. The appellant was married to Shinder Kaur and they had a son... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.40 OF 2011 The State of Punjab JUDGMENT Hrishikesh Roy J This Appeal challenges the judgment and order dated 4.3.2010 of the High Court of Punjab and Haryana whereunder the Criminal Appeal No. 408 SB of 1999 of the convicted appellant was dismissed and the judgm... |
To Claim Maintenance – “Relationship in the Nature of Marriage” Need to be Proved: High Court of Shimla | Certain tests are required to be done while claiming maintenance that under what circumstances relationship will fall under the category of Relationship in the nature of Marriage. This remarkable judgement was passed by Shimla High court in the case of Param Jeet Singh v. Kiran Bala & another [CMPMO No. 295 of 2019... | Hig h C o urt of H.P on 17 03 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 2919 Date of Decision: 15.03.2021 ______________________________________________________________ Param Jeet Singh …..Petitioner Versus Kiran Bala & another …..Respondents Hon’ble Mr. Justice Sandeep Sharma Judge. Whether approved... |
Ardeshir H. Bhiwandiwala V/s. The State Of Bombay | The test is just as it was in the bottled beer case. You must look at what is the finished article The appellant was convicted of an offence under s. 92 of the Factories Act, 1948, for working a salt works without obtaining a licence. The salt works extended over an area of about 250 acres’ The only buildings on this ... | ARDESHIR H. BHIWANDIWALA Vs THE STATE OF BOMBAY DATE OF JUDGMENT DAYAL RAGHUBAR DAYAL RAGHUBAR IMAM SYED JAFFER KAPUR J.L GUPTA K.C. DAS AYYANGAR N. RAJAGOPALA 1962 AIR 29 1962 SCR 592 CITATOR INFO R 1967 SC1364 ss. 2(k) and m) 92 The appellant was convicted of an offence under s. 92 of the Factories Act 1948 for work... |
No doctor can assure life to his patient but can only attempt to treat his patient to the best of his ability: Supreme Court of India. | The patient was in a critical condition and he could not survive even after surgery, keeping that in mind the blame cannot be passed on to the Hospital and the Doctor who had provided all possible treatment within their means and capacity to diagnose the patient of this illness. The family may not have coped with the l... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1658 OF 2010 W I T H CIVIL APPEAL NO. 2322 OF 2010 BOMBAY HOSPITAL & MEDICAL RESEARCH ASHA JAISWAL & ORS JUDGMENT HEMANT GUPTA J The present appeals are directed against an order passed by the National Consumer Disputes Redressal Commission1 on 06.01.2010 against the... |
Motor-cycle taxis are a form of contract carriages and must be granted permit: Karnataka High Court | Motor vehicle taxis that provide transport services for hire or reward are well within the definition of “contract carriage” under the Motor Vehicles Act. A single-judge bench comprising of Justice BV Nagarathna while adjudicating the matter in Ani Technologies Pvt Ltd. V. State of Karnataka & Ors. [WRIT APPEAL No.... | 1 IN THE HIGH COURT OF KARNATAKA BENGALURU DATED THIS THE 05TH DAY OF APRIL 2021 THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA THE HON’BLE MS. JUSTICE J.M.KHAZI WRIT APPEAL No.4010 2019STATE OF KARNATAKA THROUGH ITS SECRETARY VIDHANA SOUDHA BENGALURU 560 001. ADDITIONAL TRANSPORT COMMISSIONER AND SECRETARY STATE TRANSPORT A... |
Accused will not be kept in custody merely because the complainant was allegedly getting threatening calls from him: High Court of Delhi | Having made threatening phone calls to the complainant or a co-accused person absconding are not valid grounds to deny bail to an accused person whose offence is bailable. This was held by a single member bench of the High Court of Delhi consisting of Justice Subramonium Prasad in the case of Nikhil Bhattal v The State... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN.1520 2021 Date of decision: 22nd JULY 2021 IN THE MATTER OF: NIKHIL BHATTAL THE STATE ..... Petitioner Through Mr. Viraj Datar Senior Advocate with Mr. Krishanu Adhikary ..... Respondent Through Ms. Kusum Dhalla APP for the State Mr. Rahul Chandlok Advocate for the co... |
Evidence will be functional only if you plead: Supreme Court | The Hon’ble Supreme Court reiterated it’s stance on the fact that if a pleading has not been made by the party, no amount of evidence produced later in a civil suit will help. The bench consisting of Justices Ashok Bhushan, R. Subhash Reddy and MR Shah held the above mentioned in the matter of Biraji @ Brijraji vs. Sur... | C.A.Nos.4883 48817 IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4883 4884 OF 2017 Biraji @ Brijraji & Anr. ...Appellant(s Surya Pratap & Ors ...Respondent(s JUDGMENT R.SUBHASH REDDY J. These civil appeals are filed by the plaintiffs in the Original Suit No. 107 2010 pending on the file of Civil Judge Saidpur G... |
Private institution eligible to be grand aid from the State government: Cuttack High Court | The Government of Orissa in school and Mass Educational Department have issued a clarification that all pending applications under the scheme of an aided educational institution (fully aided under the direct control of government due to death of invalid on or after 1990) shall be scrutinized by the existing screening c... | IN THE HIGH COURT OF ORISSA AT CUTTACK Sarajini Jena W.P.(C) No.213221 Mr. Sidheswar Mallik versus State of Odisha and Ors. Opposite Parties Mr. D. Mohapatra Standing Counsel for S. & M.E. JUSTICE BISWANATH RATH Date of Hearing and Judgment:15.09.2021 This writ petition involves a direction to the opposite parties to p... |
“Appellant files appeal after approximately eight months after the last date permissible under the RTI Act.”: SEBI, Part 3. | Further, such examination or investigation may or may not establish the suspected violations or lead to enforcement actions. Maintaining confidentiality of investigation is important since reports of an investigation may result in unwarranted speculation or concern in the market or may affect evidence collection during... | 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 ... |
The scope of application under Order 7 Rule 11 of the CPC is limited only to the extent whether in terms of averments made in the plaint and the documents filed along with the plaint, the suit is maintainable or not : Delhi High Court | The remedy under Order 7 Rule 11 is an independent and special remedy, wherein the court is empowered to summarily dismiss a suit at the threshold, without proceeding to record evidence, and conducting a trial, on the basis of the evidence adduced, if it is satisfied that the action should be terminated on any of the g... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26th August 2021 CM(M) 556 2021 PRAVESH DHAWAN & ORS. Through: Mr. Peeyoosh Kalra Mr. Sudhindra Tripathi Mr. Garvil Singh and Mr.Rohan Kapoor Advocates Petitioners JATIN DHAWAN Through: Ms. Padma Priya Advocate Respondent HON BLE MR. JUSTICE AMIT BANSAL VIA VID... |
The person alleged of taking huge amounts from the people in the name of giving jobs in the Civil Court granted bail: High Court Of Patna | The Petitioner was alleged for taking huge amounts from the informant in the name of giving a job in the Civil Court which turned out to be false and was done by the co-accused. The Court granted bail to the petitioner for not being involved fully in the case. The petition was disposed of on the terms and conditions by... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 22720 Arising Out of PS. Case No. 50 Year 2019 Thana BEGUSARAI TOWN District Begusarai Dharam Sah @ Dharm Sah Son of Sri Shyam Sah Male aged about 35 years Resident of Village Bishnupur Azadchowk Near Nav Yukub Durga Asthan Ward No.42 Post Mirzapur Ban... |
Section 10 CPC would apply only if there is identity of the matter in issue: High Court of Delhi | Section 10 would apply only if there is identity of the matter in issue, namely, that the whole of the subject matter in both the proceedings is identical. This was held in MRS UMA HADA V.MR. SUNIL GUPTA. [CS(OS) 339/2020] in the High Court of Delhi by a single bench consisting of JUSTICE JAYANT NATH. Facts are that t... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 24.03.2021 Pronounced on: 03.06.2021 CS(OS) 339 2020 MRS UMA HADA Through Mr.Muneesh Malhotra Ms.Manpreet Kaur and Mr.Aaditya Malhotra Advocates. ..... Plaintiff MR. SUNIL GUPTA Through Mr.Neeraj Malhotra Sr.Adv. with Mr.Navlendu Kumar Advs. with Defendant in person... |
Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall lead to cancellation of bail bonds: Patna High Court | It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners. This was said in the case of Bijendra Rai v State of Bihar ... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.347120 Arising Out of PS. Case No. 69 Year 2020 Thana RAGHOPUR District Vaishali Bijendra Raiaged about 28 years son of Bashistha Rai Chunni Kumar @ Chunni Rai @ Chuni Kumar @ Chuni Raiaged about 25 years son of Late Police Rai Both resident of village ... |
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