Title stringlengths 23 265 | Summary stringlengths 739 25k | Case stringlengths 1.79k 52k |
|---|---|---|
No offence under Section 376 IPC can be made out, unless there was penetration to some extent: Sikkim High Court | Penetration is a key component of the offence under Section 375, which is punishable under Section 376 of the Indian Penal Code, which is completely absent in this case. Without some level of penetration, no offence under Section 376 IPC can be established. It would not bring the appellant’s crime within the four corne... | IN THE HIGH COURT OF SIKKIM : GANGTOK Criminal Appellate Jurisdiction) Crl. A. No. 318 Mikal Bhujel alias Rubeen Son of Jeewan Bhujel alias Joh Permanent Resident of ‘CG’ ‘R’ East Sikkim. State of Sikkim. … Respondent HON’BLE MR. JUSTICE JITENDRA KUMAR MAHESHWARI CJ. For the Appellant For the Respondent Date of hearing... |
The committee could not screen the candidates properly due to improper composition of the Board: High Court of Shimla | Due to this improper composition of the Board, the Committee could not screen candidates properly due to which it was only eleven candidates who on their own became a party. This honorable judgment was passed by the High Court of Shimla in the case of State of Himachal Pradesh and Bachittar Singh & Others Versus Su... | Hig h C o urt of H.P on 06 04 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLALPA Nos.13 with LPA No. 520.Reserved on :March 03 2021.Date of Decision : April 06 2021.LPA No. 13State of Himachal Pradesh …..Appellant.VersusSuresh Kumar Sharma & Others ….Respondents.LPA No. 520.Bachittar Singh & Others ….Appellants ve... |
Abhayanand Mishra V/s State Of Bihar | Law punishes when preparation to commit offence is completed and there has been an attempt to commit offence. [Case Brief] Abhayanand Mishra V/S State Of Bihar Case name: Abhayanand Mishra V/s State Of Bihar Citation: 1961 AIR 1698 Court: The Supreme Court Of India Bench: Justice Raghubar Dayal, Justice K.Subbarao Dec... | Vs THE STATE OF BIHAR DATE OF JUDGMENT DAYAL RAGHUBAR DAYAL RAGHUBAR SUBBARAO K 1961 AIR 1698 1962 SCR 241 CITATOR INFO R 1961 SC1782 ss. 420 511 The appellant applied to the Patna University for permission to appear at the 1954 M. A. Examination in English as a private candidate representing that he was a graduate ha... |
Pre-Arrest Bail denied and Interim Order for protection stood vacated on establishing the grounds for Assault and Dowry Demand: High Court Of Patna | The petitioner alleged torture, assault, and dowry demand were denied the pre-arrest bail. Also, the interim protection of him was vacated by the Court orders. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Abhay Kumar v. The State of Bihar[Criminal Miscellaneous No. 78092 of 2019... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 780919 Arising Out of PS. Case No. 331 Year 2019 Thana RAHUI District Nalanda Abhay Kumar aged about 34 years Male Son of Suresh Prasad Resident of Shahpur PS Rahui District Nalanda The State of Bihar ... Petitioner s ... Opposite Party s For the Petit... |
Report of Forensic Science Laboratory proves whether the accused is guilty of dowry death: High Court of Punjab and Haryana | The petitioner apprehended arrest under Section 304-B of the Indian Penal Code, “Dowry death where the death of a woman is caused by any bodily injury within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband f... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.365320 Arising Out of PS. Case No. 116 Year 2019 Thana NAYAGAON District Saran Sandeep Kumar aged approx 30 years Male son of Sri Roopjitan Sah Roopjitan Prasad resident of Village Bariyarchak P.S. Nayagaon District ... Petitioner s The State of Bihar .... |
Petitioner released on bail after being arrested under Sections 341, 323, 324, 325, 307, 354B/34IPC: High court of Patna | The petitioner was arrested on the 11th of June 2020 under Section 341 IPC, “Punishment for wrongful restraint.” section 323, “Punishment for voluntarily causing hurt” section324, “Voluntarily causing hurt by dangerous weapons or means” section 325, “Punishment for voluntarily causing grievous hurt.” section 307, “Atte... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 121021 Arising Out of PS. Case No. 303 Year 2020 Thana NAUBATPUR District Patna Rudal Paswan aged about 43 years Gender Male. Ramdeo Paswan aged about 39 years Gender Male Both sons of Nanda Paswan. Both residents of Village Jafra Bhagwanpur PS Naubatp... |
Right to change one’s name is protected under the Constitution: High Court of New Delhi | The High Court of New Delhi declared that the right to change one’s name is a fundamental right and is protected under the Constitution. The single bench consisting of J. Jayant Nath held that the name of an individual is very personal, and she/he must be allowed to express it as they wish, in the case of Rayaan Chawla... | RAYAAN CHAWLA IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved On: 22.10.2020 Judgment Pronounced On: 06.11.2020 W.P.(C) 6813 2020 CM APPL. Nos.23586 2020 & 26340 2020 Through Mr.Ankur Mahindro Mr.Sanjoli Mehrotra and Mr.Rohan Taneja ..... Petitioner UNIVERSITY OF DELHI & ANR. Through Mr.Mohinder J.S. Rupal St... |
Appointment on compassionate ground is an exception to general rule that appointment to public office should be made on the basis of competitive merits.: Supreme Court | Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Article 14 of the Constitution as upheld by the Hon’ble Supreme Court t... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6910 OF 2021 Steel Authority of India Limited …Appellant(s JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.02.2021 passed by the Division Bench of the High Court of Orissa at Cuttack in Writ Petition No.77920 by w... |
Mere charge of an offence without any substantive crime is insufficient to constitute unorganized crime: Bombay High Court | Merely being involved in several crimes without being involved in any other crime to elevate the continuing unlawful activity to the case of organized crime as defined under Section 2(1)(e) would not be sufficient; held, a single-judge bench of Justice Mangesh S Patil, while adjudicating the matter in Darasing v. The S... | on 03 08 2021 on 22 03 929.Crl.Apeal.901.18.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPEAL NO.901 OF 2018WITH APPLN 430 2021 IN APPEL 901 20181.Darasing @ Maruti Vakilya Bhosale Age : 49 years Occu.: Labour R o. Dhamangaon Tq. AshtiDistrict Beed.2.Ramesh @ Rajjya Madhav @ Dhuraji Kale A... |
Appointment on compassionate ground is an exception to general rule that appointment to public office should be made on the basis of competitive merits.: Supreme Court | Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Article 14 of the Constitution as upheld by the Hon’ble Supreme Court t... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6910 OF 2021 Steel Authority of India Limited …Appellant(s JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.02.2021 passed by the Division Bench of the High Court of Orissa at Cuttack in Writ Petition No.77920 by w... |
Rape-Marriage Promise cannot be called Inducement when Physical relationship continues over Long Period of Time: Delhi High Court | “A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time.” The Delhi High Court laid down this ratio while dismissing an appeal of a woman that challenged the order of the lower court acquitting the man, she had accused of raping her on the pretext of ma... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 15th December 2020 CRL.A. 613 2020 & CRL.M.A. 16968 2020 Appellant Through: Mr Saurabh Kansal Advocate. STATEANR. Through: Mr Ravi Nayak APP for State with SI Preeti PS Malviya Nagar. Respondents HON BLE MR. JUSTICE VIBHU BAKHRU VIBHU BAKHRU J.The appellant has... |
Witnesses can be the culprits and this aspect mustn’t be overlooked: Supreme Court of India | There cannot be a fixed formula that the prosecution has to prove or need not prove that the blood group matches. However, the judicial conscience of the Court should be satisfied both about the recovery and about the origin of the human blood. once the recovery is made in pursuance of a disclosure statement made by th... | Challenging their conviction for the offence punishable Code 1860 and the sentence of life the Ist Additional Sessions Judge Sagar M.P. and confirmed Jabalpur Accused Nos.2 and 3 have come up with these 3. We have heard Mr. Ardhendumauli Kumar Prasad and Mr. Amit Arjariya learned counsel appearing for the the appellant... |
Partition of properties cannot occur until exclusive title over the said properties has been ascertained: Calcutta High Court | If any judgment or decree is passed pertaining to the partition of properties, then the exclusive right over such said property should be ascertained prior. The present appeal arose from the judgment and preliminary decree dated 16th July, 2018, in an application (GA 4050 of 2017) under Order XII Rule 6 of the Code of ... | IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Present: Hon’ble Justice I. P. Mukerji Hon’ble Justice Subhasis Dasgupta IA No. GA 1 2019under Order XII Rule 6 of the Code of Civil Procedure declaring the shares of the heirs of late Prabhat Kumar Mahapatra in respect of the immovable properties shown in the ... |
Writ petition questioning transfer of government employees dismissed and courts power to judicial review simplified -Manipur high court | Writ petition questioning transfer of government employees dismissed and courts power to judicial review simplified -Manipur high court The writ petition questioning the transfer and posting of the health officer was dismissed by HON’BLE MR. JUSTICE M.V. MURALIDARAN in the case of Bobby Laishram versus The State of ... | P a g e | 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 3620 Bobby Laishram aged about 38 years S o L. Sharatchandra of Sagolband Tera Lukhram Leirak Machin PO Imphal & PS Lamphel Manipur now working as Pharmacisthaving EIN 066291 under Directorate of Health Services Government of Manipur. … PETITIONER VERSUS The ... |
Appellant has 8 queries regarding Karvy’s closure cum transfer application: SEBI, Part 2. | The appellant has filed the appeal on the ground that the information provided was incomplete, misleading or false. The queries of the appellant and the response provided thereto, were discussed in the following paragraphs. The respondent, in response to the query numbers 1, 2, 3 and 4, informed that the information so... | 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... |
Meritorious students should not be deprived of educational opportunities: Bombay High Court | When the policy is unreasonable, discriminatory and in breach of the equality guaranteed by the Constitution, the Court necessarily has to step in by exercising its powers of judicial review, protect the fundamental rights of the aggrieved persons. This judgment was pronounced by the division bench comprising Justice ... | IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITIONNo.96105 OF 2020 Ms.Vinita Umesh Singh Age: 22 years Occ. Student Residing at B 408 Pramukh Gardens Kilvani Road Amli Silvassa Dadra & Nagar Haveli 1. The Administrator Dadra & Nagar Haveli Daman & Diu Secretariat 2. Secretary of Educat... |
Violating conditions under Section 438(2) of CrPC 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 Md. Abid vs The State Of Bihar... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.346620 Arising Out of PS. Case No. 260 Year 2020 Thana RANIGANJ District Araria 1. Md. Abid aged about 55 yearsson of Akhimuddin @ Akalu 2. Md. Juber aged about 45 yearsson of Akhimuddin @ Akalu 3. Md. Saddam aged about 26 yearsson of Md. Abid All resid... |
Levy Non-agricultural tax and penalty for using the land that does not belong to the claimants: Bombay High Court | No right, title or entitlement shall be awarded to those individuals who are merely in possession of the land and do not own the same. Those individuals shall be considered ranked encroachers and shall be levied non-agricultural tax as well as penalty for the land that does not belong to them. A single-judge bench comp... | on 18 05 2021 on 22 03 3.aost.4532.21.docS.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION APPEAL FROM ORDERNO.4532 OF 2021WITHINTERIM APPLICATIONNO.4533 OF 2021Ramesh R. Pandey and Ors...Appellants VersusMunicipal Corporation of Greater Mumbai..Respondent...................Mr. Pradeep T... |
Petitioner should be granted bail from the Judicial custody as nothing has been recovered in the form of contraband or money : High Court of Delhi | Petitioner is in judicial custody since 14.03.2015, he is admitted to bail on furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount for the satisfaction of the learned Trial Court and was upheld by High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE RAJNISH BHATNAGA... | IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 3045 2019 KALE RAM @ KALU RAM Reserved on: Pronounced on: 08.02.2022 10.03.2022 .....Petitioner Through: Mr. A.K. Sahu Advocate with petitioner produced Versus NARCOTICS CONTROL BUREAU .....Respondent Through: Mr. Subhash Bansal Sr. St. Counsel with Mr. Shashwat Bans... |
Peerless General Finance and Investment Company Ltd. V/s. Commissioner of Income Tax | Income Tax Law – Book keeping entries are not decisive or determinative of the true nature of the entries The Appellant-Company floated various schemes which required subscribers to deposit certain amounts by way of subscriptions in its hands, and, depending upon the scheme in question, these subscribed amounts at the... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1265 OF 2007 THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD. APPELLANT(S COMMISSIONER OF INCOME TAX JUDGMENT R.F. Nariman J The question raised in this appeal is as to whether receipts of subscriptions in the hands of the assessee Company for the previous ye... |
Maintenance can’t be rejected due to mere presence of wife’s job: High Court of Delhi | When a case of marital discord is brought before the court and the suit has been filed for calculation of maintenance to be given by the husband to the wife, the contention that the wife is already employed cannot be used to deny her maintenance. This was decided in the case of Pooja v. Sanjay Chopra [CRL.M.C. 1992/202... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P. 448 2018 Date of decision: 26th FEBRUARY 2021 IN THE MATTER OF: STATEJIWAN KANT JAIN AND ANR Through Mr. Avi Singh Advocate HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PRASAD J. Through Mr. Aditya Jain Advocate ..... Petitioner ..... Respondents This revision p... |
Identity of a rape victim cannot be disclosed : Supreme Court | A rape victim suffers not only a mental trauma but also discrimination from the society. The Supreme Court bench consisting of J. Ashok Bhushan, J. R. Subhash Reddy and J. M. R. Shah, directed executive officials to provide housing and protection to a rape victim in the matter of Ms. X v. The State of Jharkhand & O... | IN THE CIVIL ORIGINAL JURISDICTION WRIT PETITIONNO.1352 OF 2019 THE STATE OF JHARKHAND & ORS JUDGMENT ASHOK BHUSHAN J This writ petition has been filed by a rape victim invoking the jurisdiction of this Court under Article 32 of the Constitution This Court entertained the writ petition and while issuing notice on 29.11... |
A valid authorisation under Rule 58 of NDPS Rules 1985 is needed for obtaining export permit of medicines: High Court of Delhi | An application for an excise permit from the State Government under Rule 58 NDPS Rules 1985 is required for obtaining export permit of medicines and in absence of this specific authorization, there would be a violation of Section 8(c) NDPS Act. The drug license issued under Form No. 20 & 20B and 21 & 21B under ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16th FEBRUARY 2022 IN THE MATTER OF: BAIL APPLN. 4170 2021 & CRL.M.A. 540 2022 YASHPAL SINHMAR ...... Petitioner Through Mr. V K Shukla Senior Advocate with Mr. Rohit Pandey Mr. Varad Dwivedi Advocates NARCOTICS CONTROL BUREAU ..... Respondent Through Mr. Subhas... |
Trademark Infringement specks about the unauthorized use of mark/logo by the person who is not authorized to do so: High Court Of New Delhi. | The suit for permanent injunction restraining the defendants from infringing the registered trademark/copyright PARKO on packaging/label of goods, passing off, damages and unfair trade practice, was held in the judgement passed by a single bench judge comprising HON’BLE MS. JUSTICE SURESH KUMAR KAIT, in the matter AMI... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.09.2021 CS(COMM) 330 2019 AMIT TALWAR AND ORS. ..... Plaintiffs Through: Mrs.Bindra Rana Ms.Priya Adlakha Ms.Tanvi Bhatnagar Advs. VIVEK TALWAR AND ORS. ..... Defendants Through: Mr.Mayank Rustagi Adv. for Defendant Nos.1 & 2. HON BLE MR. JUSTICE SURESH KUMAR... |
Court while exercising its revision jurisdiction cannot substitute its own conclusion: High Court of Delhi | Underlining the scope of revision petition it was held that if two courts have acquitted the accused, it cannot be said that the view taken by the Courts below is not a plausible view. The Court while exercising its revision jurisdiction under Section 397 Cr.P.C does not have the power to substitute its own conclusion ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th March 2021 CRL.REV.P. 681 2018 IN THE MATTER OF: ..... Petitioner Through Mr. K.G. Seth Advocate STATE& ORS ..... Respondents Through Ms. Kusum Dhalla APP for State S.I. Suraj P.S. Sangam Vihar Mr. S.C. Chawla Advocate HON BLE MR. JUSTICE SUBRAMONIUM PRASA... |
Ex-parte order without the knowledge of Corporate Debtor not sustainable: NCLAT (New Delhi) | The Adjudicating Authority shall reject the application so filed if the Operational Creditor has received a notice of a dispute from the Corporate Debtor. The Court allowed the Insolvency application filed by the Respondent filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 held by Justice Jarat Kumar ... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Company Appeal(Insolvency) No. 14619 Arising out of Order dated 14th November 2019 passed by the Adjudicating Authority National Company Law Tribunal Cuttack in Company PetitionNo. 62 CTB 2019] IN THE MATTER OF: Prakash Kalash Shareholder & Member of suspended Board of ... |
False and inconsistent testimonies directed the appeal against the judgment of conviction – Jharkhand high court | False and inconsistent testimonies directed the appeal against the judgment of conviction – Jharkhand high court Major incoherency and inconsistency in the testimonies of witnesses and error in evidence are found to be the basis of allowing The appeal against the judgment of conviction. the appeal was allowed by the si... | Cr. AppealNo. 13803 Cr. AppealNo. 13803 IN THE HIGH COURT OF JHARKHAND RANCHI Pachu Gope … Appellant Versus The State of Jharkhand … Respondent CORAM: HON BLE MR. JUSTICE NAVNEET KUMAR For the Appellants For the Respondent Mr. Tirthankar Bose Advocate Mr. Santosh Kr. Shukla A.P.P. Order No. 09 : Dated: 20th December 2... |
Amendment that is merely seeking to refer to specific instances in support of the assertions in the plaint is necessary for a complete adjudication of the dispute between the parties : Delhi High Court | The court always views both parties equally and defends the right to assert their point of view and stance equally. This was held in the judgment passed by a single judge bench comprising HON’BLE JUSTICE C .HARI SHANKAR, in the matter BEIERSDORF AG V. HINDUSTAN UNILEVER LIMITED, dealt with an issue where the petitioner... | IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 300 2021 BEIERSDORF AG Plaintiff Through Mr. Bharath MS Mr. Ayush Sharma Mr. Akshaya P Sachin and Mr. Krishna Advs. HINDUSTAN UNILEVER LIMITED ..... Defendant Through Mr. C.M. Lall Sr Adv. with Mr.Nishad Nadkarni Mr. Ankur Sangal and Ms. Pragya Mishra Advs. HON BLE MR. J... |
Amendments made in the year 2014 and 2018 to the Companies Act, 2013 are prospective: Calcutta High Court | Amendments made in the year 2014 to Section 164(2) and 2018 amendment to proviso to Section 167(1)(a) of the Companies Act, 2013 are prospective in nature and a retrospective application would be anomalous, absurd, unreasonable and could potentially ruin the economy. The Sections deals with the disqualification of dire... | In The High Court at Calcutta Constitutional Writ Jurisdiction Original Side The Hon’ble Justice Sabyasachi Bhattacharyya W.P.O. No. 4919 Naresh Kumar Poddar Union of India through Secretary Ministry of Corporate Affairs and another For the petitioner For the respondent Hearing concluded on Judgment on : Mr. Palash Tiw... |
Score Information Technologies Limited Vs. Gr Infra Projects Limited | Unilateral appointment of arbitrator is unsustainable The petitioner filed the present petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’), inter alia, seeking that the mandate of the learned Sole Arbitrator unilaterally appointed by the respondent be termina... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 28.01.2021 O.M.P.(COMM.) 59 2020 SCORE INFORMATION TECHNOLOGIES LIMITED GR INFRA PROJECTS LIMITED .... Petitioner ..... Respondent Advocates who appeared in this case: For the Petitioner: Mr Amar Dave Mr Gautam Narayan and Mr Pankaj Jain Advocates. For the ... |
In order to hold a person guilty of cheating, the intention of a person must be dishonest and there must be mens rea. : Kerala High Court | In order to hold a person accountable for the offence of cheating, it is necessary that the person was deceiving from the very beginning and had an intention to cheat. It is necessary to show that the intention while making the promise was dishonest. Mens rea cannot be proven by the mere fact that a promise could not ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY THE 9TH DAY OF FEBRUARY 2022 20TH MAGHA 1943 AGAINST CC No.259 2019 OF JUDICIAL MAGISTRATE OF FIRST CRL.MC NO. 4863 OF 2019 CLASS III TRIVANDRUM PETITIONERS ACCUSED Nos. 1 TO 3 AGED 48 YEARS S O. SRI. R KRISHNA IYER NO.116 GEETH... |
A requirement that is bona fide in nature and not tainted with any oblique motive and is not a wish or desire is a valid requirement in the court of law: Delhi High Court | It is manifest that the requirement spelt out by the respondents/landlord is a bona fide requirement. It is an honest requirement and not tainted with any oblique motive and is not a mere wish or desire. Recently the Delhi High Court, in the matter of Bhawani Sankar v. Nand Lal & Ors. [RC. REV. 146/2020 & CM A... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 07.09.2021 RC. REV. 146 2020 & CM APPL. 10916 2020 & 13409 2021 BHAWANI SHANKAR Petitioner Through: Mr.J.C.Mahindroo Ms.Megha Verma Mahindroo Mr.Shubham Agarwal and Mr.Cherry Singh Advs. NAND LAL AND ORS. Respondents Through: Mr.Jai Sahai Endlaw Mr.Ajay Kumar Gupt... |
Jurisdiction under S.482 Cr.P.C to quash proceedings under S.307/308 IPC: High Court of Delhi | The Inherent power of High Courts under Section 482 Cr.P.C can be exercised with caution keeping in mind the particular facts of the case for quashing the proceedings arising out of offenses punishable under Section 307/308 IPC. This was decided in the case of MAHENDER SINGH ALIAS SUNNY & ANR V. THE STATE & ORS... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C.852 2021 & CRL.M.A.4232 2021Date of decision: 17th March 2021 IN THE MATTER OF: MAHENDER SINGH ALIAS SUNNY & ANR .....Petitioners Through Mr. Satish Kumar Advocate along with petitioners in person. THE STATE & ORS ..... Respondents Through Mr. Hirein Sharma APP for the S... |
Union Of India V/S Ogilvy Mather Ltd &Anr | “The courts are not powerless to condone the delay in the facts and circumstances of the case merely because it is a case of the re-filing of the documents” It is contended by the applicant that the impugned award was passed on 2nd June, 2007 by the learned sole Arbitrator in Arbitration Application No. 241/03 wherein ... | Union of India HIGH COURT OF DELHI : NEW DELHI IA No. 6734 2008 in OMP No.291 2008 Judgment reserved on: 12th January 2009 Judgment decided on : 13th March 2009 Through : Mr. Parag Tripathi Addl. Solicitor General with Ms. Arti Gupta Ms. Prem Lata Bansal and Mr. Sanjeev Rajpal Advocates Ogilvy & Mather Ltd. & Anr. Thr... |
Concept of bail found its place within the human rights. : Gauhati High Court | It should also be remembered that the legislature used, for the purposes of the bail, ‘reasonable reasons for believing’ rather than ‘evidence’ to mean that the court dealing with the bail can only satisfy it as to whether a genuine case against the accused exists and that the prosecution can produce prima facie eviden... | Saroj Sarma vs The State Of Assam on 25 June 2021 Gauhati High Court Saroj Sarma vs The State Of Assam on 25 June 2021 Page No.# 1 15 THE GAUHATI HIGH COURT of Police and circulated the leaked question papers through Whatsapp messages and by other means to candidates in exchange of huge sum of money. In furtherance of ... |
Private company outlaws the benefit of the Moratorium Policy: Bombay High Court | The Court refused to grant the benefit of the Moratorium Policy to the petitioner on the grounds that they approached the court late and only when the NCLAT refused their application and the contentions made by them were faulty. The plea was filed by a private company against a loan transaction that they believed to fa... | WPL 2572 20_6.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITIONNO.2572 OF 2020 Wavell Investments Private Limited Versus 1. IL & FS Financial Services Ltd.(IFIN) and ors Mr. Navroz Seervai Senior Advocate with Mr. Amit Sibal Senior Advocate Jayashree Shukla Dasgupta Ashish... |
The state has the power to pass an Externment order or a direction barring certain people entry to the specified area should be exercised only in “Exceptional cases”: Bombay High Court | The Externment proceedings initiated against any person should necessary to scrupulously follow the procedure as held by the Hon’ble Bombay High Court before the Hon’ble S. S. Shinde & N.J. Jamadar, JJ in the matters of Shri Arshad Sahil Khan v. State of Maharashtra [Criminal Writ Petition No.2603 of 2021]. Th... | on 18 09 2021 on 18 09 1 10WP 2603 202157022006 EQ0 158032001 EQ262442005 2 MH.L.J. 384.Bhagyawant Punde on 18 09 2021 on 18 09 4 10WP 2603 2021in the case of Yashwant Damodar Patil Vs. Hemant Karkare Deputy Commissioner of Police Thane & Anr5 relying upon thejudgment of Hon’ble Supreme Court in the case of Pandharina... |
No reduction in the imprisonment for the offence under Section 498-A: Cuttack High Court | The appellant faces the trial for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for one year held by Hon’ble Mr Justice D. Dash in the matters of Dhuleswar @Dhula Mohapatra v. the State of Orissa. [CRA NO.11 OF 1999]. The facts of the case arise f... | IN THE HIGH COURT OF ORISSA AT CUTTACK CRA NO.11 OF 1999 From the judgment of conviction and order of sentence dated learned. Sessions Judge Khurda at 23.12.1998 passed by Bhubaneswar in S.T. Case No.898. Dhuleswar @ Dhula Mohapatra versus Appellant State of Orissa Appeared in this case by Video Conferencing Mode: For ... |
Jiwan Dass, Mittar Pal Yadav Vs. State of Haryana | To bring home a charge under Section 409, what is necessary to be proved is that the accused is a public servant and in such capacity he was entrusted with the property in question or with dominion over it and that he committed criminal breach of trust in respect of it. The accused persons were posted in the office of... | JIWAN DASS MITTAR PAL YADAV Vs STATE OF HARYANA DATE OF JUDGMENT: 26 02 1999 G.B.Pattanaik M.B.Shah Both these appeals are directed against the Judgment of a learned Single Judge of Punjab & Haryana High Court in Criminal Revision No. 245 of 1992. By the impugned Judgment the High Court has upheld the conviction and s... |
Predeceased brothers of a deceased muslim have no right to property of deceased: High Court of Jammu and Kashmir | As per muslim inheritance laws in India, the predeceased brother of a deceased man does not have any rights over the property in the presence of living siblings. This was held by a single member bench of the High Court of Jammu and Kashmir consisting of Justice Vinod Chatterji Kaul in the case of Mohammad Syed Allie v ... | HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR MA no.139 2015 Reserved on: 05.04.2021 Pronounced on: 22.06.2021 Through: Mr G.N.Sofi Advocate Through: None Mohammad Syed Allie and another Mst Zeeba and others CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL JUDGE 1. Aggrieved of Order dated 30th May 2015 passed by Principal... |
Respondent guides the appellant for accessing the information which is available in the public domain.: Orders of AA under the RTI Act. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Geeta Khattar v CPIO, SEBI, Mumbai (Appeal No. 4321 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 20... | Appeal No. 43221 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43221 Geeta Khattar CPIO SEBI Mumbai The appellant had filed an application dated May 15 2021under the Right to Information Act 2005 of the RTI Act 2005. In response to query number... |
Views of the Financial Creditors in Class should be elicited by the Authorized Representative prior to CoC meetings in letter and spirit of Section 25A of IBC: National Company Law Appellate Tribunal, Principal Bench, New Delhi | Whether the actions of the Respondent contravened the requirements of Section 25 of the Insolvency and Bankruptcy Code, 2016, was a question considered by the NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, before a bench consisting of Justice Ashok Bhushan, Chairperson; Justice Jarat Kumar Jain, M... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI Company Appeal(Ins) No. 7021 IN THE MATTER OF: … Respondent No.1 Amit Goel Through Power of Attorney Holder Ms. Pooja Chaudhary D o Mahipal Singh R o 176m Shyam Colony Ballabhgarh Piyush Shelters India Private Ltd. Through Resolution Professional Shri Sw... |
There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or more cognizable offences: The Delhi High Court | 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... |
If student has withdrawn from course, college not entitled to full fees : Karnataka High Court | The petitioner’s in this case secured a order from the court where respondent college had to return the petitioner’s original documents and return the course fee paid on the grounds that the petitioner had withdrawn from the course prior to commencement was upheld by the High Court of Karnataka at Bengaluru through the... | IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY 2022 THE HON’BLE MR. JUSTICE ALOK ARADHE THE HON’BLE MR.JUSTICE M.G.S.KAMAL W.P. No.30619 OF 20181. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY HEALTH & FAMILY WELFARE MEDICAL EDUCATION DEPARTMENT) VIKASA SOUDHA DR. ... |
The powers under Section 254(2) of the Act are only to rectify/correct any mistake apparent from the record: Supreme Court of India | While considering the application under Section 254(2) of the Act, the Appellate Tribunal is not required to revisit its earlier order and to go into detail on merits. The powers under Section 254(2) of the Act are akin to Order XLVII Rule 1 CPC. In exercise of powers under Section 254(2) of the Act, the Appellate Trib... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7110 OF 2021 Commissioner of Income TaxM s Reliance Telecom Limited CIVIL APPEAL NO. 7111 OF 2021 Commissioner of Income TaxM s Reliance Communications Limited JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 0... |
Order of assessment by the assessing officer violating principles of natural justice is void and bound to be set aside: Rajasthan High Court. | Assessing Officer’s (AO) order for re-assessment is void and set to be revoked if it violates the principles of natural justice is upheld by the Jaipur bench of Rajasthan High Court through a division bench of Hon’ble Chief Justice Mr. Akil Kureshi and Hon’ble Mr. Justice Sudesh Bansal in the case of Rati Ram Bambelwal... | on 17 02 2022 at 04:03:58 PM HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPURD.B. Civil Writ Petition No. 11053 2021Rati Ram Bambelwal S o Prabhati Lal Bambelwal Aged About55 Years R o 0578 Malpura Krishi Upaj Mandi Malpura Tonk 304502 Rajasthan. PetitionerVersus1. National Faceless Asessment Centre Delhi Throug... |
Presence of police during test identification parade is a flaw u/s 162 CrPC: Supreme Court | The court recalled the section 162 of CrPC and stated that the presence of police during the test identification parades happen to fall within the ban of this section. This exceptional judgement was passed by the Supreme Court by the Hon’ble Justice Sanjay Kishan Kaul, Justice Krishna Murari and Justice Hrishikesh Roy ... | IN THE CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.13911 State of Chhattisgarh Hrishikesh Roy J The present Appeal challenges the judgment and order dated 15.2.2008 of the Chhattisgarh High Court whereby the Criminal Appeal No.513 2002 was disposed of upholding the conviction of the appellant in terms of the co... |
Threat to any Person Acquainted with the Facts so as to Dissuade him from Disclosing such Facts to Police would Cancel the Bail: High Court of Shimla | Directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence would lead to cancellation of bail. This honorable judgement was passed by High Court of Shimla... | Hig h C o urt of H.P on 07 04 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.(M) No. 3321 Reserved on: 24.03.2021 Date of Decision: April 7 2021 Bhupender …Petitioner. Versus State of H.P. ..Respondent. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur Judge. Whether approved for reporting 1 For the Petiti... |
Where the material facts and identity of the accused are known, complainant should lead evidence before the trial court U/S. 200 Cr.P.C: High Court of Delhi | In the facts and circumstances of a particular case, Magistrate may take cognizance on the basis of the complaint instituted before him and may adopt the procedure provided under sections 200, 202 of Cr.P.C. and if there is no substance in the prima-facie evidence adduced by the complainant, the complaint may be dismis... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on: 19.04.2021 CRL.M.C. 1880 2020 KUSUM LATA Petitioner Through Ms.Neha Kapoor Adv. with Mr.Mohit Bhadu Adv. STATE OF NCT OF DELHI & ORS. Through Mr.Panna Lal Sharma APP for State. Respondents Mr.Vikram Singh Adv. with Mr.Bhanu Pant & Ms.Smita Singh Advs.... |
Once a student has opted to take the examination, it is for him to take all the measures: Bombay High Court | The Court mandated that all students who are planning on taking up their respective examinations, must be go through an RT-PCR test withing a period of 72 hours prior to the examination. A single-judge bench of Justice Avinash G Ghargote, while adjudicating the matter in HERD Foundation v. UOI; [PUBLIC INTEREST LITIGAT... | on 05 06 2021 on 05 06 0506pilst64621.odt1 IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH AT NAGPURPUBLIC INTEREST LITIGATION ST. NO.6466 2021PETITIONERS : 1. HERD Foundation a company registered under the Companies Act 1965 as a not for profit organisation through its Managing Director Amol s o Ranjeet Deshmuk... |
Section 354A (2) provides that any man who commits offence under Section 354A IPC shall be punished with rigorous imprisonment: Sikkim High Court | Section 354 IPC provides that whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment. Such an opinion was held by The Hon’ble High Court of Sikkim before The Hon’ble Mr. Justice Bhaskar Raj Pradh... | THE HIGH COURT OF SIKKIM: GANGTOK Criminal Revisional Jurisdiction) SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN JUDGE Crl. Rev. P. No. 021 Padam Bahadur Bardewa S o Kharka Bahadur Bardewa R o Upper Temi P.O & P.S. Temi South Sikkim. Presently serving sentence at State Jail Rongyek East Sikkim) ….. Petitio... |
“Appellate Authority is of the opinion that no interference of this forum is warranted…”: SEBI, Part 2. | The respondent, in response to query number 1, informed that the recovery proceedings in the matter has been initiated by the Recovery and Refund Department of Eastern Regional Office, by issuing recovery certificate on 9th of April, 2021. The appellant, in his appeal, submitted that only partial information with respe... | Appeal No. 43521 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43521 Dahyalal Ganeshbhai Panchal CPIO SEBI Mumbai The appellant had filed an application dated May 03 2021under the Right to Information Act 2005against the said response dated Jun... |
The theory of equality is an essential in State’s policy formation. : Jharkhand High Court | The principle of equality is no longer integrated, and the view of the State is to be found in Articles 38, 39, 39A, 43 and 46 of Part III of the Constitution. This theory is an essential input in the formulation of every policy of the state. These articles of the Constitution of India require that, through the reduct... | Niranjan Kumar vs The State Of Jharkhand Through The ... on 25 March 2021 Jharkhand High Court Niranjan Kumar vs The State Of Jharkhand Through The ... on 25 March 2021 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 64014 Niranjan Kumar ..... Petitioner Versus 1. The State of Jharkhand through the Chief Secreta... |
The court rejected the prayer for agricultural parole as the petitioner was a hardcore prisoner and did not complete the requisite custody period: High court of Punjab and Haryana at Chandigarh | A criminal writ petition (it is an order given by the higher courts to a lower court directing them to act or stop them from certain activity) under certiorari (writ, where a higher court reviews an order given in the lower court) was filed. However, the request for agricultural parole was rejected by the courts. This ... | on 05 07 CRWP 1572 20201206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP 1572 2020Date of decision : 02.07.2021Rahul ..... PetitionerVersusState of Haryana and others ..... RespondentsCORAM :HON BLE MR.JUSTICE JASWANT SINGH HON BLE MR.JUSTICE RAJESH BHARDWAJ Present:Mr. Akshaydeep Singh Advocate for Mr. ... |
Timelines in designating EWS certificates should be viewed from a prism of pragmatism and not dogmatic fervour: High Court of Delhi | If delayed submission of the Income and Asset Certificate/EWS certificate does not harm or cause detriment to anyone’s interest, some slack can be cut as held by the Hon’ble High Court of Delhi through the learned bench lead by Justice Rajiv Shakdher in the case of Northern Coalfields Limited v. Chaman Gupta & Anr... | 54IN THE HIGH COURT OF DELHI AT NEW DELHI LPA 364 2021 and CM Nos. 35520 21 2021 NORTHERN COALFIELDS LIMITED Date of Decision: 7.10.2021 ..... Appellant Through: Mr. Vikramjeet Banerjee ASG with Mr. Ashwani Dubey Adv. .....Respondents CHAMAN GUPTA & ANR. Through: Nemo. HON BLE MR. JUSTICE RAJIV SHAKDHER HON BLE MR. JUS... |
Taparia Tools Limited V. Joint Commissioner of Income Tax Special Range- I, Nasik | Once the genuineness is proved and the interest is paid on the borrowing, it is not within the powers of the AO to disallow the deduction either on the ground that rate of interest is unreasonably high or that the Assessee had himself charged a lower rate of interest on the monies which he lent. Case Name: Taparia Tool... | cid:6)(cid:21)(cid:1)(cid:9)!(cid:11)(cid:20)(cid:21 cid:1)(cid:27)(cid:28)(cid:6)(cid:29)(cid:30)(cid:30)(cid:28)(cid:31)(cid:31)(cid:29) !(cid:6)(cid:24)(cid:6)(cid:1)(cid:29)(cid:30)(cid:29)"#(cid:29)(cid:6)(cid:1)$$(cid:31)%(cid:6)(cid:8)#&#!(cid:28)cid:6)(cid:29)%(cid:6)!(cid:27)(cid:28)(cid:6))(cid:29)%%(cid:28)%... |
Tax levied on land depends upon the nature of practice: Kerala High Court | The tax to be levied upon the owner of the land depends upon the nature of practice being carried out on the land. If by default, the property covered by application filed under Sec.6A of the Kerala Land Tax Act, is the same or part of the property covered by statutory order passed under Rule 6(2) of the KLU Order by t... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY THE 19TH DAY OF FEBRUARY 2021 30TH MAGHA 1942 Con.Case(C).No.9 OF 2021 IN WP(C).14486 2020 AGAINST THE JUDGMENT IN WP(C) 14486 2020(I)DATED 27.07.2020 OF HIGH COURT OF KERALA JAVAD K. HASSAN S O LATE NAGOOR RAWTHER MACKER MANZIL... |
Determination of ‘excess land’ depends upon the status of land during commencement of the Principal Act: Supreme Court | The determination of ‘excess land’ is to be made considering the status of the land at the time of commencement of the Principal Act, and not at the time of filing of the declaration. The section 6 of the Principle Act, which requires the filing of statement before the competent authority for vacant land and ceiling ar... | dated 26.03.2009 dismissing Writ Appeal No. 7758 of 2003 ULC] filed by the Appellant herein against the order dated 2. The facts leading to this appeal are as follows: Five properties Survey Nos. totally measuring 3 acres and 11 cents situated in Ullal village Mangalore Agglomeration originally belonged to the joint fa... |
Wife is entitled to maintenance if the husband has sufficient means to provide for the same: Madras High Court | If the wife is unable to maintain herself with her regular income and the husband has sufficient wealth and income, the wife is entitled to maintenance from her husband. A single judge bench of Justice P Velmurugan, while adjudicating the matter in Dr T Subash v. Amsa; [Crl.M.P.No.15222 of 2019], dealt with the issue o... | Crl.R.C.No.11319IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.04.2021CORAM:THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.11319andCrl.M.P.No.152219Dr.T.Subash... PetitionerVs.Amsa... RespondentPRAYER: This Criminal Revision Case is filed under Section 397 read with Section 401 of Cr.P.C. to set aside the orde... |
Pregnancy beyond 20 weeks, may be medically terminated with prior permission of High Court: Bombay High Court | In cases where pregnancy is a result of physical abuse and the subsequent birth of a child would cause physical disabilities and mental trauma to the pregnant woman, the victim may, with prior permission of the Court, be excused from the 20-week limitation imposed by the Medical Termination of Pregnancy Act. A Division... | on 11 05 2021 on 12 05 2. WPL 11131 21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITIONNO. 11131 OF 2021 ‘X’Petitioner is seeking permission from this court toterminate her pregnancy.5. We have heard Ms. Padwal the learned Counsel for thepetitioner and Ms. Kantharia the l... |
Subsequent purchaser open to challenge readiness and willingness on plaintiff’s part in Specific Performance Suit: Supreme Court | The entire perspective with which the matter regarding the right of the subsequent purchaser to challenge the readiness and willingness on part of the plaintiff was considered by the High Court was clearly erroneous. This was said in the case of Kadupugotla Varalakshmi Versus Vudagiri Venkata Rao & Ors [Civil Appea... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.543 OF 2021 Arising out of SLPNo(s).9175 2020 KADUPUGOTLA VARALAKSHMI APPELLANT(S VERSUS VUDAGIRI VENKATA RAO & ORS. RESPONDENT(S CIVIL APPEAL NO.544 OF 2021 No(s) 1944 2021 O R D E R Application for substitution is allowed These appeals arise out of the judgment and ... |
It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the petitioner: Orissa High Court | The mental abuse must not be demonstrated to injure the health of the petitioner. In reaching such a conclusion, the social position, educational level of the parties, the society in which they move must always be taken into consideration, the possibility or otherwise of the parties that already exist together, and all... | HIGH COURT OF ORISSA: CUTTACK BLAPL No.5701 OF 2020 In the matter of an application under Section 439 of the Criminal Procedure Code 1973) Dipak Bhutia State of Odisha Opposite Party For Petitioner Mr. Dharanidhar Nayak Senior Advocate and M s. S.K. Das B.K. Das B. Mishra and J. Mitra Advocates For Opposite Party Mr. K... |
Bar of Section 37 is not attracted for offenses alleged U/S 9A/25 A of the NDPS Act: High Court of Delhi | Section 9A which deals with controlled substances is concerned, there is no categorization of small quantity or commercial quantity. Therefore, the concept of commercial quantity is applicable only to narcotic drugs and psychotropic substances and not to controlled substances and the bar of Section 37 is not attracted ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on : 20.04.2021 BAIL APPLN. 1960 2020 NASTOR FARIRAI ZISO Through: Mr. Ajay Verma Advocate Through: Mr. Subhash Bansal Adv. Sr Standing counsel for NCB with Mr. Sushant Bansal Adv HON BLE MR. JUSTICE RAJNISH BHATNAGAR RAJNISH BHATNAGAR J By way of this order I shall di... |
A Major Unmarried Daughter is not entitled to claim Maintenance from Father u/s 125 of Crpc: Supreme Court of India | An unmarried daughter who is not suffering from any physical or mental abnormality and has attained majority is not entitled to claim maintenance from her father u/s 125 of Crpc held by a three-judge bench comprising of Hon’ble Justices Ashok Bhushan, Subhash Reddy, and M.R. Shah in a landmark judgement Abhilasha vs. P... | IN THE CRIMINAL APPELLATE JURISDICTION arising out of SLPNo.8260 2018 NO. 615 of 2020 ...APPELLANT(S) PARKASH & ORS ...RESPONDENT(S J U D G M E N T BHUSHAN J Leave granted. This appeal has been filed by the appellant daughter of respondent Nos. 1 and 2 challenging the order of the High Court of Punjab and Haryana at Ch... |
Sole Arbitrator Cannot Be Appointed Solely By One Party: High Court Of New Delhi | The petitioner has filed the present petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator, and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE SURESH KUMAR KAIT, in the matter, dealt wit... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.11.2021 ARB.P. 930 2021 M S. ARKAS BIOCON PRIVATE LIMITED ..... Petitioner Through: Mr. Paritosh Budhiraja Ms. Surabhi Maheshwari & Ms. Divya Singh M S. KASHINATH AGRO INDUSTRIES PRIVATE LIMITED Through: Mr. Utkarsh Sharma Advocate Respondent HON BLE MR. JUS... |
Police personnel cannot be appointed as jail Superintendents: Uttarakhand High Court | The purpose of the Police is not to reform, or to rehabilitate, but to prevent the occurrence of crime, and to punish the criminals. Therefore, the very training of police personnel is carried out with a different purpose in mind, and with different goals prescribed by law. The judgment was passed by The High Court of ... | RESERVED JUDGMENT IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA WRIT PETITIONNo. 25 OF 2021 JUDGMENT RESERVED : 24th MARCH 2021 JUDGMENT DELIVERED : 12th APRIL 2021 …Petitioner Between: Sanjeev Kumar Akash. and State ... |
Inadequacy of funds is not an excuse for not paying maintenance to ex-wife and daughter: Tripura High Court | Maintenance to ex-wife post-divorce cannot be denied or ignored only on the grounds of the inadequacy of carrying home pay. Tripura High Court gave these orders in the case of Supriya Bhattacharjee & others vs. Debabrata Chakraborty [Crl.Rev.P.no. 55 of 2019] by the single bench of Hon’ble Justice S.G Chattopadhyay... | Page HIGH COURT OF TRIPURA Crl. Rev. P No.55 2019 Smti Supriya Bhattacharjee Daughter of Sri Jiban Sankar Bhattacharjee. Abhoynagar : Jagatpur Opposite to Agragati Club Agartala : West Tripura. 2. Miss Dikshita Chakraborty Daughter of Debabrata Chakraborty. She being minor is represented by her mother. Residents of Abh... |
The minimum sentence applicable for an offence punishable under section 13 of the Prevention of Corruption Act is one year: Jharkhand High Court | It was a settled principle of law that the minimum sentence under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 was enhanced by Act 1 of 2014 with effect from 16-1- 2014, would was not applicable to the case in which the incident in question relates to. The Hon’ble High Court of Jharkhand before The Ho... | 1 Cr. AppealNo. 4519 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. AppealNo. 4519 1997 R ) Kedar Paswan aged about 71 years son of Late Pawan Paswan @ Late Raman Paswa Resident of Village Kharsari P.S. Kowakale P.O. KharsariDistrict Nawadah The Union of India through the CBI SPE Ranchi …... For the Appellant For the C.B... |
Rejection of Anticipatory Bail but accused was granted three days protection from arrest u/s 438(4) Cr.P.C: High Court of Bombay | The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the court, if an application make to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice. In the context of Criminal A... | on 21 08 2021 on 24 08 1 apl 393 2021 J.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH AT NAGPURCriminal ApplicationNo. 3921APPLICANT:Dr. Sameer Narayanrao Paltewar Aged 51 years Occupation : Medical Practitioner Neuro Surgeon Resident of 502 Le Prestige 105 106 Farmland Ramdaspeth Nagpur 440 010.Vs.RESPONDE... |
Balmukand V. Kamla Wati & Ors | Granting specific performance is always in the discretion of the court Case Name: Balmukand V. Kamla Wati & Ors. Case Number: Appeal No. 7 of 1962 Court: Supreme Court of India Bench: MUDHOLKAR, J.R. SUBBARAO, K. Decided On: 27/01/1964 Relevant Acts and Sections: Contract by manager to sell joint property—Speci... | Vs KAMLA WATI & ORS DATE OF JUDGMENT MUDHOLKAR J.R MUDHOLKAR J.R SUBBARAO K 1964 AIR 1385 1964 SCR 321 CITATOR INFO E 1978 SC 300 A.I.R. 1962 Raj 3 1959 All. L.J. 340 134 159 S.C. 21 at the time of the contract were also impleaded in the suit as defendants. The suit was resisted on the ground that there was no legal n... |
For long unauthorized absence from duty the punishment of dismissal of personnel cannot be held to be per se disproportionate : Delhi High Court | Every employee has the right to avail leave for various reasons, however such leave requires to within the authorised period, anything that exceeds it is required to be submitted for further approval. This was held in the judgment passed by a two-judge bench comprising HON’BLE JUSTICES MR. JUSTICE MANMOHAN and MR. JUST... | IN THE HIGH COURT OF DELHI AT NEW DELHI S 54 W.P.(C) 9854 2021 & CM APPLs. 30337 338 2021 MOHD. RAFI ..... Petitioner Through: Mr. Kaushal Yadav Advocate with Mr. Shafik Ahmed and Mr. Nandlal Kumar Mishra Advocates. DEPUTY INSPECTOR GENERAL CRPF ORS & ORS. ..... Respondents Through: D.S.Mehandru Advocate with Mr. Aksha... |
The Trial Court cannot ignore the criteria laid down by the Supreme Court while granting bail: Manipur High Court | The Court must keep all these considerations in account when determining the bail application and the conditions set down by the Supreme Court cannot be ignored during the award of the bail. Merely because the presence of the accused can be secured at the trial, that is not the only factor that is required to be consid... | P a g e | 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL Crl. Revision Petition No. 20 1. The State of Manipur represented by the Chief Home) Government of Manipur Babupara Old Secretariat Building Imphal West 2. The Officer in Charge Investigating Officer Chandel Police Chandel Police Station Chandel District Manipur. Manip... |
Public servants cannot claim study leaves as a matter of right : Delhi High Court | Courts, in exercise of their power of judicial review, cannot sit as an Appellate Authority over the decision taken by the administration / management. The High Court bench consisting of J. V. Kameswar Rao, dismissed a petition seeking grant of study leaves in the case of Dr. Rohit Kumar v. LT Governor of Delhi & O... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02nd February 2021 W.P.(C) 499 2021 CM No. 1294 2021 DR ROHIT KUMAR Petitioner Ms. Geeta Luthra Sr. Adv. with Mr. Nitin Saluja & Mr. Varun Dewan LT GOVERNOR OF DELHI & ORS. Respondents Through: Mrs. Avnish Ahlawat SC for GNCTD with Ms. Tania Ahlawat Mr. Nitesh ... |
Constitution confers an equal right upon all the qualified individuals to seek employment to public offices through Articles 14, 16 and 309: The High Court of Delhi | Adherence to the rule of equality in public employment is a basic feature of our Constitution and since the rule of law is the core of our Constitution, a court would certainly be disabled from passing an order upholding a violation of Article 14 or in ordering the overlooking of the need to comply with the requirement... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: June 21 2021 W.P.(C) 5453 2020 CM Nos. 19659 2020 & 340 2021 SAROJ KUMAR NAYAK & ORS. Petitioners Through: Mr. Sudarshan Rajan Adv. with Mr. Hitain Bajaj Adv. TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION ON INDIA LIMITED HON BLE MR. JUSTICE V. KAMESWAR RA... |
Transfer Of Property Has to Take Effect Within the Confines of The Governing Law: Competition Commission of India | The Commission upheld the autonomy of the Chandigarh Housing Board in prescribing guidelines and policies from time to time as it may deemfit, in relation to transfer of property. This authority cannot be considered as ‘unfair’, ‘restrictive trade practices’ and ‘abuse of dominant position’ or in violation of Section 3... | Informant COMPETITION COMMISSION OF INDIA Case No. 321 In Re: Mr. Manmohan Singh R o House No 1118 Sector 29 B Chandigarh 160030 Chairman Chandigarh Housing Board through Advisor U.T. CHD Opposite Party No. 1 Chairman Chandigarh Housing Board Chandigarh Housing Board 8 Janmarg Sector 9D Chandigarh 160009 Opposite Part... |
A private vehicle would not be construed as ‘public place’ under Section 43 of the NDPS Act: Supreme Court of India | Section 43 of the NDPS Act contemplates a seizure made in a public place or in transit. This provision also includes conveyance but its applicability is restricted to vehicles which are public transport vehicle since the explanation of Section 43 clearly shows that a private vehicle would not come within the expression... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.421 OF 2021 BOOTA SINGH & OTHERS …Appellants STATE OF HARYANA …Respondent JUDGMENT Uday Umesh Lalit J This appeal challenges the judgment and final order dated 03.03.2020 passed by the High Court of Punjab & Haryana at Chandigarh dismissing CR A S 1759 SB 2004 p... |
Advance bail may be granted when there is no sufficient proof of crime: Karnataka High Court | Advance bail to an accused may be granted if there is a lack of substantial evidence that proves that he was engaged in serious criminal offences. A single judge bench consisting of Justice Krishna S Dixit, while adjudicating the matter in Sri Rakesh B v. State of Karnataka [CRIMINAL PETITION NO.2427 OF 2020], dealt wi... | IN THE HIGH COURT OF KARNATAKA BENGALURU DATED THIS THE 22ND DAY OF JUNE 2020 THE HON BLE MR. JUSTICE KRISHNA S.DIXIT CRIMINAL PETITION NO.2427 OF 2020 SRI RAKESH B S O B BABU RAO AGE ABOUT 27 YEARS R A NO 48 19TH MAIN ROAD LALITA TENT GROUND VIJAYANAGAR MC LAYOUT BENGALURU NORTH BENGALURU 560040 BY SRI C H HANUMANTHAR... |
Stay to be allowed on account of petitioner’s financial distress due to the Covid-19 pandemic subject to deposit of 50 per cent of the decretal amount: Delhi High Court | The Covid-19 pandemic has caused severe effects and consequences all over the country, including economic distress, which necessitates the requirement of the court’s consideration of providing interim relief under exceptional circumstances. This was held in the judgment passed by a single bench judge comprising HON’BLE... | CM455 2021 $~6 IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: July 26 2021 + CM455 2021 M S TDI INFRATECH LTD. ..... Petitioner Through: Ms. Kanika Agnihotri and Mr. Amer Vaid Advocates versus RAJESH ARORA .... Respondent Through: Mr. Nikhil Jain & Mr. Navneet Kumar Advocates. CORAM: HON BLE MS. JUSTICE AS... |
Revision petition challenging the legality of former order rejected due to less ground to interfere with the order – Jharkhand high court | Revision petition challenging the legality of former order rejected due to less ground to interfere with the order – Jharkhand high court A criminal revision petition challenging the correctness of the order passed by the court in (Cri.Misc.Application No. 1007/2018 (S.T. Case No. 113 of 2017) was dismissed by the sing... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 4719 1. Hridayendra Kumar Son of Late Rabindra Prasad 2. Sunita Devi W o Shri Hridayendra Kumar both residents of Arsandey Boreya P.O. Boreya P.S. Kanke District Ranchiwhereby the application filed by the petitioners under Section 227 of the Code of Criminal Procedu... |
The parties are free to agree on a procedure for appointing the arbitrator or arbitrators: High Court Of New Delhi | Section 11(6) of the Arbitration and Conciliation Act, 1996 speaks about the Sole Arbitrator, were as the present petition was also been filed by the petitioner for seeking the above matter, and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE SURESH KUMAR KAIT, in ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29.10.2021 OFB TECH PVT. LTD. Petitioner Through Mr. Varun Tyagi Adv. ARB.P. 949 2021 KLSR INFRATECH LTD. Respondent Through Mr. Mahfooz Nazki Mr. Amitabh Sinha and Mr. Gowtham Polanki HON BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENTThe present petition has been ... |
The scope of judicial review in the matters of Contract is no more res integra: High Court Of Jammu & Kashmir And Ladakh | Contracts having commercial elements, some more discretion had to be conceded to the authorities in order to enter into contracts with persons keeping an eye on the augmentation of the revenue. The Hon’ble High Court Of Jammu & Kashmir And Ladakh, at Srinagar before the Hon’ble Mr. Justice Ali Mohammad Magrey held ... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1330 2021 c w CCP(S) No. 356 2021 Firdous Kamran Shora Dated: 24th of September 2021. … Petitioner(s) Union of India & Ors. … Respondent(s) Mr A. H. Naik Senior Advocate with Mr Tawheed Ahmad Advocate. Through: Mr Tahir Majid Shamsi ASGI for R 1 and Mr N. A... |
The courts must examine the evidence with extreme caution before recording a conviction under the terms of the Prevention of Corruption Act: Chhattisgarh High Court | When a person is convicted under the terms of the Prevention of Corruption Act, it carries with it a social stigma as well as substantial implications for the service provided. At the same time, it should be observed that there can be no clear proposal as to whether the trial court’s opinion is a feasible view or not, ... | HIGH COURT OF CHHATTISGARH BILASPUR Criminal Appeal No.26199 Judgment Reserved on : 22.2 . 2021 Judgment Delivered on : 9.6.2021 Rohit Kumar Sahu son of Jhunauram Sahu aged about 52 years Patwari Halka No.104 Revenue Circle Lawan Village Badjar District Raipur M.P now Chhattisgarh) State of Madhya Pradesh through the L... |
A contract which is intended for advancement of trade shall not be regarded as being in restraint of trade: Bombay High Court | A negative covenant is enforceable in law and is not contrary to section 27 of the Contract Act, in view of the nature of confidential information and documents furnished to the appellant with permission to use such sensitive and confidential information of the documents during the existence of the Franchise Agreement ... | on 20 04 2021 on 23 04 Priya Soparkar1aral 7255 20 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ABRITRATION APPEALNO.7255 OF 2020INABRITRATION PETITIONNO.426 OF 2020WITHINTERIM APPLICATIONNO. 7271 OF 2020ANDINTERIM APPLICATIONNO. 7268 OF 2020INABRITRATION APPEALNO.7255 OF 2020INABRITR... |
Unilateral Cancellation of Agreement to Sell – Not required to be challenged separately to maintain suit for specific performance. It is not even a valid defence in a suit for specific performance: Punjab and Haryana High Court | It appeared that the defendant could not substantiate his claim. The plea of hardship itself is not sustainable in this case. The genesis of the plea of the hardship claimed by the defendant goes to his plea, whereby he claimed the agreement to be a security document for repayment of the loan. However, as held above, t... | RSA No. 29417 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 29417whereby he had terminated the agreement in question. Therefore the finding recorded by the lower Appellate Court are incomplete if not perverse. Still further learned counsel for the defendant has argued that once the agreement stands term... |
A married daughter is eligible for an appointment on a compassionate basis: Allahabad High Court | Exclusion of a married daughter from the ambit of expression of “family” as defined under Rule 2(c) of the Rules is illegal and unconstitutional. Therefore, the appointment of a married daughter on a compassionate basis is not illegal. Such an opinion was held by the Hon’ble Allahabad High Court before Hon’ble Chief Ju... | Chief Justice s Court Serial No. 40 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. 6621 Writ A No. 424917) Reserved on October 26 2021 Delivered on November 25 2021 State of U.P. through Secretary Ministry of Labour and others Through: Mr. Rama Nand Pandey Advocate Through: Mr. Om Prakash Sin... |
When the allegations against the petitioner are serious in nature, the trial court can be directed to conclude the trial expeditiously: High Court of J&K and Ladakh | This Court no doubt can look in to evidence but cannot appreciate the evidence brought on record by the prosecution as upheld by the High Court of J&K, while referring to the Judgement of Supreme Court in the case of Satish Jaggi v. State of Chhattisgarh, reported in (2007) 11 SCC 195, through a learned bench of Ju... | HIGH COURT OF JAMMU AND KASHMIR AND LADAKH Reserved on: 28.10.2021 Pronounced on: 12.11.2021 Bail App No. 79 2021 Through : Mr. Anmol Sharma Advocate Kewal Sharma Union Territory of J&K Through : Mr. Aseem Sawhney AAG Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL JUDGE The petitioner is facing trial for commission of offenc... |
There is no universal rule that the evidence of the deceased’s relatives must be verified in order for the perpetrator to be convicted. Orissa High Court | The fact that the witnesses are related to each other is no criterion for disregarding their evidence. Relative should have no interest to falsely implicate the accused or protect the real culprit. There is no general rule that the evidence of the relations of the deceased must be corroborated for securing the convicti... | AFR HIGH COURT OF ORISSA: CUTTACK CRLA No.19 of 2003 From the judgment dated 20.12.2002 passed by learned Sessions Judge Khurda at Bhubaneswar in S.T. Case No.802.) Benga @ Imam Mahammad State of Orissa Mr. Dharanidhar Nayak Senior Advocate M s. Akash Bhuyan R.K. Pradhan M. Mohanty P.K. Mohanty N.K. Mohanty B. Rout and... |
Otiose Effect shall apply upon the judgement in case of non maintainability of suit: High Court of Delhi. | Otiose Effect shall apply upon the judgement in case of non maintainability of suit: High Court of Delhi. The above has been observed in the recent case of ALOK KUMAR LODHA V. ASIAN HOTELS (NORTH) LTD. [IA NOS.5173/2021 & 5174/2021], listed in the Delhi High Court. The final proceedings of the above case were held ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 16.08.2021 Judgment Pronounced on: 15.09.2021 CS(COMM) 189 2020 ALOK KUMAR LODHA Through: Mr.Avishkar Singhvi and Mr.Nipun Plaintiff Katyal Advs. ASIAN HOTELSLTD. ..... Defendant Through: Mr.Vikram Nankani Sr.Adv. with Kumar Mr.Sanjay Aggarwal Singh Ms.Aaka... |
If offence is proven in both case and counter case judicial officer is required to trial both cases together – Madras High Court | “As rightly pointed out by the learned Additional Public Prosecutor , the police standing order is a guidelines for the investigating officer how to conduct investigation, particularly, when there is a case and case in counter, it is not necessarily one complaint must be accepted and other must be rejected and there ca... | Crl.O.P(MD)No.134817BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 13.12.2021CORAM:THE HONOURABLE MR.JUSTICE DR.G.JAYACHANDRANCrl.O.P(MD)No.134817andCrl.M.P(MD)Nos.9082 & 90817T.Nagaraj... Petitioner Sole Accused vs 1.State through Inspector of Police South Police Station Tuticorin and 506(i) of IPC. since the co... |
Section 15 of the Mines and Mineral (Development & Regulation) Act, 1957 is exclusively reserved to the State Government and the State Government : Jammu and Kashmir High Court | In the exercise of the power to frame statutory rules in respect of minor minerals, has already promulgated the statutory rules in terms of SRO 105 of 2016 in the matter of allotment of leases and licenses of minor minerals in the Union Territory of Jammu and Kashmir. This was held in the judgment passed by a single ju... | Sr. No. 1 HIGH COURT OF JAMMU AND KASHMIR CM 2123 2020 in WP(C) 950 2020 CM 2124 2020 Cav 581 2020 PetitionerSuhail Ahmad Khan Through : Mr. S.A.Naik Sr. Advocate with Mr. Shabir Ahmed Advocate Union Territory of J&K and others Through : Mr. F.A.Natnoo AAG On video Conference Voice Call from residence) Coram:HON’BLE MR... |
Non-examination of all witnesses by the prosecution shall create a reasonable doubt, holding the accused not guilty: High Court of Calcutta | If there are two witnesses to an incident, and they have not been produced and examined in the court of law by the prosecution, it will give rise to a reasonable doubt thereby acquitting the accused, This was decided in the case of Soumik Roy vs State of West Bengal [CRA 546 of 2017] by Hon’ble Justice Bibek Chaudhar... | IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE The Hon’ble JUSTICE BIBEK CHAUDHURI CRA 5417 With CRAN 17CRAN 17CRAN 20Soumik Roy Vs State of West Bengal For the Appellants: Mr. Milan Mukherjee Sr. Adv. For the State: Ms. Kabita Mukherjee Adv. Mr. Manas Dasgupta Adv. Mr. Biswajit Manna Adv.... |
Bald assertions and allegations cannot be the basis of passing directions: High court of Punjab and Haryana | A single judge passed an order on the 2nd of may 2021 where he dismissed a mandamus under article 226 of the Indian Constitution read with section 482 Cr.P.C. “Saving of inherent powers of High Court” to be directed towards the official respondents to make the required enquiry regarding the matter and to register an FI... | on 21 07 IN THE HIGH COURT OF PUNJAB AND HARAYANA AT CHANDIGARH106 C.M. No. 1465 2021 & LPA 592 2021Date of decision:19.07.2021VIKRAM SINGH...APPELLANTVs. STATE OF HARYANA AND OTHERS...RESPONDENTSCORAM:HON BLE MR. JUSTICE AUGUSTINE GEORGE MASIHHON BLE MR. JUSTICE ASHOK KUMAR VERMAPresent:Mr. Yashdeep Nain Advocate for... |
Re-examination of a witness u/s311 CRPC-Not to be denied only because case is not covered u/s138 Evidence Act-criteria u/s311 CRPC different than criteria for Sec-138 Evidence Act.- High Court of Punjab and Haryana. | Re-examination of a witness u/s311 CRPC-Not to be denied only because case is not covered u/s138 Evidence Act-criteria u/s311 CRPC different than criteria for Sec-138 Evidence Act.- High Court of Punjab and Haryana. Section 311 of CrPC defines the “Power to summon material witness, or examine person present”. Any Court... | on 24 01 CRM M 38052 2013(O&M) 1 206 IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH CRM M 38052 2013Date of decision: 16.01.2019Bhupinder Kaur ...PetitionerVersusState of Punjab and others ...RespondentsCORAM: HON BLE MR. JUSTICE RAJBIR SEHRAWATPresent:Mrs. Baljit Mann Advocate for the petitioner.Mr. Rajat Bansa... |
Privilege granted to the Petitioner by the police under Section 41A of the Code gives the petitioner benefit of merits: High Court Of Patna | Alleged of lifting the soil and sand of the land illegally the petitioner took the merits of the case as he was allowed by the authorities as per Section 41A of the code. The court allowed the plea and disposed of the matter. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Pintu Ku... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 377620 Arising Out of PS. Case No. 261 Year 2020 Thana HISUWA District Nawada Pintu Kumaraged about 38 years Son of Late Ram Lakhan Prasad Singh Resident of Village Mohalla Dasturpar Daruara PS Noorsarai Rajesh Kumar aged about 45 years Son of Krishnan... |
No compromise can be done for offences u/s 377 IPC and POCSO Act against small children: Delhi High Court | Offences u/s 377 of the Indian Penal Code and POCSO Act are heinous/grave and the FIR for the same cannot be quashed merely on the grounds of compromise between the parties. Delhi High Court gave the judgment in the case of Sunil Raikwar vs. State & others [CRL M.C 186 of 2021] headed over by the bench of Hon’ble J... | IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 186 2021 Date of decision: 29th January 2021 ..... Petitioner Through Mr. Amit Gupta Advocate IN THE MATTER OF: SUNIL RAIKWAR THE STATE AND ANR. HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAMONIUM PRASAD J. ..... Respondents Through Ms. Kusum Dhalla APP for the State Mr.... |
Consideration of the matters involving tribal communities would not be complete without a reference to the constitutional provision of the Sixth Schedule.: Meghalaya High Court | Cases between the parties, particularly those who belongs to the Scheduled Tribe community of the State of Meghalaya as far as jurisdiction is concerned, in view of the provision of Paragraphs 4 and 5 of the Sixth Schedule of the Constitution of India, lies with the respective District Council Courts as upheld by the H... | Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Rev.P. No. 21 with Crl.Rev.P. No. 21 Date of Decision: 25.11.2021 Shri Donbok Buam & 3 Ors. Shri. Donbok Buam Vs. Superintendent of Police & Anr. Vs. Superintendent of Police & Anr. Hon’ble Mr. Justice W. Diengdoh Judge For the Petitioner Appellant(s) F... |
Court is not inclined to interfere in writ petition if it lacks in merit. : Uttarakhand High Court | “In view of the aforesaid reasoning, this Court is not inclined to interfere in the writ petition. Hence, the writ petition lacks merit and the same is accordingly dismissed.” Said Justice Sharad Kumar Sharma of the Uttarakhand High Court in the matter of Puran Lal Bhanu alias Puran v. Ram Singh and Another [Writ Peti... | HIGH COURT OF UTTARAKHAND AT NAINITAL Writ PetitionNo. 8421 Puran Lal Bhanu Alias Puran Ram Singh and Another …Respondents Advocates : Mr. Sanjay Bhatt Advocate for the petitioner. Hon’ble Sharad Kumar Sharma J. The brief facts which emerges for consideration based on the pleadings raised in the writ petition are that ... |
If one does not fulfill the criteria prescribed in the Government Policy for identification as Rajya Andolankari, they cannot claim to be declared as Rajya Andolankari: High Court of Uttarakhand. | Upon identification as Rajya Andolankari, a person becomes entitled to several benefits, monetary or otherwise, therefore, the State Government, in its wisdom, has laid down certain criteria for identification as Rajya Andolankari. Hence a person has to fulfill such criteria to be identified as Andolankari. A single Ju... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 20TH DAY OF JULY 2021 HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI WRIT PETITIONNo. 13016 Rohitash Thakur & others. ....Petitioners State of Uttarakhand & others. ...Respondents WRIT PETITIONNo. 218 WRIT PETITIONNo. 218 There is no representation for the petitioners. Mr. T... |
There is no bar in intimating the candidates through SMS, more particularly when large number of candidates had to appear in the subsequent process: Supreme Court | In any event, though indulgence was shown in the earlier cases, a line has to be drawn at some stage as otherwise, the recruitment process undertaken by the competent authorities would be meaningless without a time line and the next recruitment process will also get effected since determination of the number of vacanci... | dated 29.08.2019 passed by the Division Bench of the High Court of Judicature at Allahabad Lucknow Bench Lucknow in Appeal thereby upholding the judgment and order dated Digitally signed bySanjay KumarDate: 2021.11.1813:51:42 ISTReason:Signature Not Verified 2 the candidates who had responded to the said advertisement ... |
Mere Possession or recovery of currency notes is not sufficient for offence u/s 7 of Prevention of Corruption Act: Supreme Court of India | Mere recovery of currency does not prove the charge of corruption against the accused. It has to be proved beyond a reasonable doubt that the accused voluntarily accepted money knowing it to be a bribe. Supreme Court of India gave the judgment in the case of N Vijayakumar vs. State of Tamil Nadu by stating the above-ci... | Crl.A.@S.L.P.(Crl.)Nos.4729 320 the file of Special Court for Trial of Prevention of Corruption Act Cases Madurai has filed these appeals aggrieved by the conviction recorded vide judgment dated 28.08.2020 and 22.09.2020 and Crl.A.@S.L.P.(Crl.)Nos.4729 320 read with 13(1)(d) of the Prevention of Corruption Act 1988read... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.