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The lis involved in these cases is connected to each other.
Therefore, they were heard together and are being disposed of with
the following common order.
2. Crl.P.No. 3786 of 2022 is filed seeking to quash the order
dated 08.04.2022 passed in Crl.M.P. (Sr). No. 3550 of 2022 in File
No. ECIR/HYZO/14/2021 by the Metropo... | In a recent case, the Telangana High Court ruled that accused under the Prevention of Money Laundering Act, 2002 is entitled to statutory bail under Section 167(2) of CrPC if the charge sheet is not submitted in terms of Section 173(2) of the Cr.P.C without completion of investigation. Justice K. Lakshman held that:
"... |
vil Appeal No. 1826 (N) of 1974.
From the Judgment and Order dated 6.4.1972 of the Madhya Pradesh High Court in F.A. No. 23 of 1966.
M.V. Goswami for the Appellants.
U.A. Rana and S.K. Agnihotri for the Respondents.
The Judgment of the Court was delivered by SAIKIA, J.
This plaintiffs ' appeal by special leave is from ... | The appellant firm was allotted contracts for manufac ture and sale of liquor for the year 1959 and for the subse quent periods from 1.1.
1960 to 31.3.1961 for Rs.2,56,200 and Rs.4,71,900 respectively by the M.P. Govt.
who also charged 7 1/2% over the auction money as mahua and fuel cess.
As writ petitions challenging ... |
Mr. Sandeep Dere for the Petitioner in WP/224/2023.
Mr. L.S. Deshmukh i/b. Ms. Pooja Mankoji for the Petitioner in
Mr. Pranav Avhad a/w Ms. Darshana Naval for the Respondent
Nos.4 to 7 in WP/224/2023.
Ms. Purna S. Pradhan i/b. Mr. Dinesh B. Khaire for the
Applicants in OA No.830 of 2022 (party not made in
Mr. M.M. Paba... | The Bombay High Court has refused to interfere in the Maharashtra Administrative Tribunal’s decision to refer a dispute regarding the 2019 recruitment of police constables to a larger bench despite disapproving the procedure adopted by the tribunal.
Ordering a status quo in the matter, a division bench of Acting Chief ... |
The appellant-M/s. Punjab Wool Syndicate has come up in
appeal against the order dated 05.03.2010 (Annexure A-10) passed by the
Tribunal dismissing the Appeal (Vat) No. 565 of 2009 of the appellant and
had upheld the penalty of Rs.69,952/- under Section 51(7)(c) of the Punjab
As per the facts culled out from the order ... | The Punjab and Haryana High Court has held that non-appearance before the Information Collection Centre (ICC) cannot be made a ground to initiate penalty proceedings if no attempt to evade tax is made.
The division bench of Justice Ritu Bahari and Justice Manisha Batra has observed that the driver had produced the docu... |
The petitioner-accused No.1 is before this Court seeking
grant of bail under Section 439 of Cr.P.C. in Crime No.36 of
2020 of Bagalur Police Station, pending in CC No.3468 of 2020
on the file of the learned V Additional District Judge, Bengaluru
Rural District at Devanahalli, registered for the offences
punishable unde... | The Karnataka High Court has granted bail to a murder accused, observing that though the allegations against him and others are of serious nature but the overt act alleged against him is similar to that of other accused, who have already been granted bail.
"The charge sheet filed by the Investigating Officer makes out ... |
Present : Mr. Munfaid Khan, Advocate for the petitioners.
The limited challenge to the order dated 23.09.2021 passed by
the Motor Accident Claims Tribunal, Palwal (hereinafter referred to as the
‘Tribunal’) is to the extent whereby the Tribunal has directed 50% of the
compensation awarded to be deposited in fixed de... | The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit.Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002... |
Case :- APPLICATION U/S 482 No. - 434 of 2023
Applicant :- Chandrapal
Opposite Party :- State Of U.P. And 4 Others
Counsel for Applicant :- Hardev Prajapati
Counsel for... | The Allahabad High Court recently expressed shock over the non-execution of non-bailable warrants against police personnel accused in a criminal case for 6 years.
The Court also sought a written response from the Additional District Judge/Special Court/D.A.A., Badaun explaining why the order of July 2016 issuing non-b... |
Sri.Sagar., learned counsel., for the petitioner has
appeared in person.
Sri. Gopalkrishna Soodi., learned counsel for respondent
No.1 has appeared through video conferencing.
2. The brief facts are these:
It is stated that the petitioner was working as Circle
Inspector at D.R.B.C Branch, Chikkaballapur at the... | The Karnataka High Court has said initiation of proceedings by a complainant, post acquittal of the accused before the Karnataka State Human Right Commission, against a police officer who investigated the complaint and filed a chargesheet in the case is unsustainable in law.
A single judge bench of Justice Jyoti Mulima... |
and C.M.P. Nos.9919, 9922, 9925, 9937 and 9939 of 2021
1.The State of Tamil Nadu,
...Appellants in W.A.Nos.1573,1574 and 1577 of 2021
...Appellants in W.A.Nos.1574 and 1577 of 2021
Common Prayer: The Writ Appeal is filed under Clause 15 of Letters Patent
praying to set aside the common order dated 18.12.2020 passed in ... | The Madras High Court recently observed that the relevant date while considering the pensionary benefits of Teachers would be the date on which the teacher entered into service and not the date on which the appointment was actually confirmed. Justice S. Vaidyanathan and Justice N Mala relied on the decision in V.Vasant... |
1& vkosnd dh vksj ls /kkjk 482 na0iz0la0 ds vUrxZr ;g vkosnu i=] eq0v0la0&700
lu~ 2019] vUrxZr /kkjk 153&,] 153&ch] 505 (2)] 109 Hkk0na0fo0] Fkkuk flfoy ykbUl]
ftyk vyhx<++ esa izsf"kr vkjksi i= la0 055 lu 2020] fnukafdr 16&3&2020 ls mn~Hkwr okn
la0 3250 lu 2020] LVsV olsZl Mk0 dQhy] tks eq[; U;kf;d eft... | In a huge relief to Dr. Kafeel Khan, the Allahabad High Court today quashed the entire criminal proceedings arising out of an FIR & pending against him over his speech given about CAA and NRC at a protest meeting at Aligarh Muslim University in December 2019. The Bench of Justice Gautam Chaudhary has quashed the entire... |
Ms. Sangeeta Salvi for the Applicant in MCA No.284/2022 & for the
Respondent in MCA No.191/2022.
Mr. Akshay Kapadia for the Respondent in MCA No.284/2022 & for
the Applicant in MCA No.191/2022.
1. Heard learned Advocate for the Applicant-wife in Miscellaneous
Application No.191 of 2022 and learned Advocate for the ... | The Bombay High Court last week transferred a matrimonial case observing that law considers women as belonging to weaker section of society and her inconvenience needs to be prioritized. The court observed,"Even though this reason may be of some importance, the fact that the Applicant in Miscellaneous Civil Application... |
2.1 While passing the impugned order the learned
Commercial Court has stated that as per Section 19 of the
Micro, Small and Medium Enterprises Development Act, 2006
pre-deosit of 75% of the award is required. It was the
contention of the petitioner inter-alia that as per ... | The Gujarat High Court recently permitted a party in appeal under the Micro, Small and Medium Enterprises Development Act, 2006 to make a pre-deposit to Court in terms of Section 19 of the Act, i.e., 75% of the amount awarded, in installments.
The Petitioner herein was aggrieved by an order of Additional District Judge... |
Civil Appeal Nos.
392 95 of 1988.
Appeal under Section 130E(b) of the Central Excise and Salt Act, 1944 from the order dated 15.12.1986 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos.
C/2130 to 2132/86 C & 1027/83 and order No. 757 760/86.
B. Datta, ASG, Mrs. Indira Sawhney and P. ... | The respondents who imported 'Sancticizer 429 ', contested the levy of duty by the Department and filed a claim for refund, which was rejected by the Assistant Collector on the ground, that on ted the product was found to be organic compound (easter type) of colourless viscose liquid and as per 7.0.046 should be consid... |
tion (Criminal) No. 307 of 1988.
(Under Article 32 of the Constitution of India) Ram Jethmalani, U.R. Lalit, Ms. Kamini Jaiswal and Arvind Nigam for the Petitioner.
T.U. Mehta, Dushiant Dave, M.N. Shroff and Mrs. section Dikshit for the Respondents.
The Judgment of the Court was delivered by RAY, J.
The petitioner who ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
These cross appeals are directed against the order passed by
Ld. CIT(A)-5, Bengaluru and they relate to the assessment year
2. These appeals were earlier disposed of by this bench of
Tribunal vide its order dated 2.12.2016. The assessee challenged
the order passed by the Tribunal by filing appeal before Hon’ble
Hig... | The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) headed by N.V. Vasudevan (Vice-President) and B.R. Baskaran (Accountant Member) has ruled that the capital gain exemption cannot be denied to the wife for the mere presence of the husband's name in the purchase document.
The appellant/assessee is an individ... |
Mr. Yeshwant Shenoy, petitioner-in-person,
Mr. Amogh Singh a/w Mr. Pranav Thackur for
respondent nos.1 and 3.
Mr. Vikram Nankani, Senior Advocate a/w Ms.
Shoma Maitra a/w Mr. Nikhil Apte a/w Dhruv
Nyahadhish and Mehul Talera i/by Wadia Ghandy &
Co. for respondent no.4.
Mr. Abhijit Khare with Smt. T. H. Pur... | The Bombay High Court on Friday held the Collector (Mumbai Suburban) responsible for removing obstacles, and directed her to take immediate steps to demolish 48 obstacles around the Mumbai airport. The obstacles include certain floors of high-rises and the demolition would be undertaken under Rule 8 of the Aircraft Rul... |
This petition is filed by the petitioner-accused No.3
under Section 439 of Cr.P.C., for granting regular bail in
Crime No.59/2022 registered by Nandini Layout Police
Station, Bengaluru for the offences punishable under
Sections 326-A, 448 read with Section 34 of IPC.
2. Heard the arguments of learned counsel for the... | The Karnataka High Court has granted bail to a woman who allegedly, with a view to take revenge and spoil another woman co-artist's chances in getting roles in dramas, threw acid on her face.
A single judge bench of Justice K Natarajan allowed the petition filed by Swathi and directed the Committal Court to release he... |
1. The petitioner/ husband is aggrieved by the Order dated 21st,
February, 2022 directing him to pay maintenance in the sum of ₹20,000/-
per month to the respondent/wife and daughter Varnika Singh under Section
24 of Hindu Marriage Act,1955 (hereinafter referred to as the Act).
2. Facts in brief are that appell... | The Delhi High Court has observed that a father cannot deny his responsibility to maintain his wife and daughter even if he has to take care of his parents. It thus upheld a Family Court order directing him to give maintenance to the wife and daughter.A Bench of Justice Mukta Gupta and Justice Neena Bansal Krishna adde... |
This case is referred to our Hon’ble High Court
under Section 113 read with Order XLVI Rule 1 of
the Code of Civil Procedure, 1908, to consider the
following aspects:
1) To declare sub-sections (2) and (3) of Section 23-
A of the Karnataka Civil Courts Act, 1964
[inserted vide Karnataka Civil Courts (Second
28... | The Karnataka High Court recently clarified that the notification issued by the High Court in the year 1979, has limited scope and invests the power in Senior Civil Judges only for issuance of Succession Certificates under Part-X of the Indian Succession Act and not for Probate.
A division bench of Justice P.S. Dinesh... |
Profession: Paan shop and water supply business.
Profession: Auto driver.
R/o House No.B262, Gali No.7, Babu Nagar, near Shiv Mandir,
Delhi. Profession: Hardware shop.
Profession: Cloth selling at Mangalore, Karnataka.
Profession: Motorcycle repairing.
R/o House No.F14, Gali No.1, Babu Nagar, main Brijpuri Road,
Prof... | Observing that the investigating agency cannot cover up the flaw in the case by recording supplementary statements, a Delhi Court has discharged ten accused persons in a case concerning North East Delhi riots.Additional Sessions Judge Vinod Yadav discharged accused namely Mohd Shahnawaz, Shahrukh, Rashid, Azad, Ashraf ... |
Rule. Rule made returnable forthwith. The petition is
heard finally by consent of the learned advocates for the parties.
02] In this criminal writ petition, the petitioner has
challenged the order passed by the respondent No.1-Deputy
Commissioner of Police, Amravati Zone-1 dated 5 th April, 2022,
whereby he wa... | The Bombay High Court recently held that subjective satisfaction for passing an externment order cannot be recorded on the basis of a crime in which the accused was acquitted.
Justice G. A. Sanap sitting at Nagpur quashed an externment order observing –
“The reliance upon the crimes in which the petitioner was acquitte... |
For the respondent: Mr. Nand Lal Thakur Addl. Advocate General, Mr. Ram
Lal Thakur Assistant Advocate General, and Mr. Rajat
Damtal, Distt. Kangra, H.P. 21 & 22 of NDPS Act
A pregnant woman, apprehending her arrest on the allegations of conspiring
with her husband in substance trade, from whose house the Polic... | Observing that heavens will not fall if the incarceration is postponed, the Himachal Pradesh High Court on Saturday held that every expecting female deserves dignity during motherhood and that in such conditions, a pregnant woman deserves bail and not jail.Granting anticipatory bail to a pregnant woman accused under ND... |
This petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No.236 dated 15.09.2021 (Annexure P-1), under
Sections 384, 511 and 506 IPC, registered at Police Station Lehra,
District Sangrur along with all consequential proceedings emanating
The FIR in the present case has been registered on
15.09.2021, o... | The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC. Ju... |
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Manoj Kumar Srivastava,Ajai Kumar
Counsel for Opposite Party :- G.A.
1. Heard Sri Ajai Kumar, learned counsel for applicant and Sri
K.P. Pathak, learned A.G.A. for State.
2. Applicant-Sunil, has approached this Court by way of filing
the present Crimi... | The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl h... |
ivil Appeal No. 2792 of 1988 Etc.
From the Judgment and Order dated 27.7.1988 of the Bombay High Court in W.P. No. 3264 of 1988.
G. Ramaswamy, Additional Solicitor General, T.R. Andya rujuna, V.V. Vaze, V.M. Tarkude, D.N. Misra, M.D. Siodia, Pinaki Misra, P.H. Parekh, Ms. Sunita Sharma, A.M. Khanwil kar, A.S. Bhasme, D... | There are four Medical Colleges in the City of Bombay, all affiliated to the University of Bombay.
Out of four, three colleges are run by the Municipal Corporation and one is run and conducted by the State of Maharashtra.
Rule 4A framed by the Municipal Corporation and Rule 5 framed by the State Govt.
vide Govt.
Resolu... |
1) Petitioners have filed the instant writ petition seeking a
direction upon respondents to ensure safety of their life and
honour. A further direction asking the official respondents to
proceed against the private respondents in accordance with law has
also been sought.
2) The case of the petitioners, in brief, ... | The Jammu And Kashmir High Court today observed that no law or religion gives a license to a father to harass or intimidate his major daughter just because she does not accede to his wishes to marry a particular person.This assertion came from the Bench of Justice Sanjay Dhar while hearing a protection plea filed by on... |
Seniority List of Multi Purpose Health Workers (male) as on 31.08.2018
published on 20.12.2018. The petitioner has been placed at serial No. 184
on the merit list which is germane for consideration for promotion to the
post of Multi Purpose Health Supervisors. The placement of petitioner at
serial No. 184 in list rathe... | A single judge bench of the Gujarat High Court consisting of Justice Biren Vaishnav held that delay in appointment, when entirely attributable to the employer and caused due to no fault of the candidate could not be allowed to result in a delayed promotion for the said candidate.
Briefly, the facts of this case are th... |
Prayer in W.P.No.19342 of 2013: Writ Petition under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the
proceedings of the 2nd respondent dated 2.7.2013 bearing No. Pro. G2/ 56444/ 2013 and
quash the same.
Prayer in W.P.No.1934... | Coming down heavily on a litigant for approaching the court on his whims and fancies depending upon the change in the political climate of the State, the Madras High Court recently dismissed a plea and imposed heavy costs. Justice Anand Venkatesh noted that from the conduct of the Petitioner, it was clear that he would... |
Digitally signed by (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
WP No. 14860 of 2022
The petitioner has called in question validity of the
order of transfer at Annexure - A dated 23.12.2021. The
facts made out in the petition is that respondent No.6 has
been posted to the place of the petitioner as per the
impugned or... | The Karnataka High Court has directed the State government to ensure that if transfers are made after the period of general transfers, no request for transfers should be entertained or orders made unless there is a vacant place. A single judge bench of Justice S Sunil Dutt Yadav allowed a petition filed by one Murthy a... |
11/05/2022 Shri Vijay M. Adwani, Advocate with Shri Manish Upadhyay and
Shri A.M. Sachwani, counsel for the petitioner.
Shri Ramakant Mishra, Asst. Solicitor General for India/respondents.
Shri Ramakant Mishra, A.S.G. accepts notice for respondents. He
prays for and is granted three weeks time to file reply ... | The Chhattisgarh High Court bench of Justice Parth Prateem Sahu has quashed the show cause notice which was issued by the DRI and stayed the proceedings.
The petitioner/assessee submitted that pursuant to the arrest made by DRI of two persons at Railway Station-Raipur. The DRI searched the house of the petitioner on th... |
This appeal is filed by the original petitioner to challenge the
judgment of the learned Single Judge dated 02.12.2021. The
petitioner was selected for the post of PTI Grade-II by the State
Government. She was appointed in Jhunjhunu district. It appears
that the select list was reshuffled on account of liti... | The Rajasthan High Court has ruled that no person has a vested right to be posted at a particular place. The court further observed that accepting a request for inter-district transfer of a recruit can lead to chain reaction and at times considerable administrative difficulties. Chief Justice Akil Kureshi and Justice M... |
1 The appellants are convicted for the offence punishable under
section 302 of the Indian Penal Code and sentenced to suffer Life
Imprisonment and to pay fine of Rs. 10,000/- each in default to suffer R.I. for
six months. The appellants are further convicted for the offence punishable
under section 201 of t... | The Bombay High Court has held that the "last seen theory," whereby the accused is the last person spotted with the victim, is not enough to hold him guilty of the crime in the absence of a correlation with the time of the victim's demise.
The prosecution must establish the time when the deceased was last seen with th... |
2. By way of present writ-application under Article 226 of
the Constitution of India the writ-applicant has prayed for he
following reliefs :-
“(a) Be pleased to direct the respondent no. 1 bank release
the charge over the property in question and subsequently be
pleased to direct to handover the original tit... | The Gujarat High Court has held that once the Bank agrees to sell a property mortgaged with it by a loan defaulter and a third party pays full consideration for purchase of said property after entering into a valid agreement with the Bank, the latter cannot turn back and refuse the title deed, no objection certificate/... |
This Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking
quash of charge sheet in C.C.No.973 of 2020 on the file of the
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner is A-4 in the above C.C.N... | The Andhra Pradesh Court recently ruled that in a petition filed under Section 482 Cr.P.C the Court cannot appreciate the evidence on record in exercise of its inherent powers. The Criminal Petition under Section 482 of the CrPC, 1973 was filed seeking to quash the charge sheet. The petitioner who was one of the accuse... |
This appeal has been filed by the complainant in C.C No.1577 of 2003
on the file of the Judicial First Class Magistrate Court, Muvattupuzha
challenging the acquittal of the 2nd respondent who was accused of an
offence under Section 138 of the Negotiable Instruments Act. The
complaint was filed alleging that... | The Kerala High Court observed that it was highly improbable that a cheque leaf from a cheque book that was exhausted in 1996 would be used by a drawer to discharge his liability that arose in the year 2000. Justice Gopinath P further noted that it was highly unlikely for a money lender to initiate a second loan transa... |
Appeal No. 324 of 1962.
Appeal from the judgment and decree dated August 8, 1960 of the Kerala High Court, in O. P. No. 97 of 1953.
G.B. Pai, J. B. Dadachanji, O. C. mathur and Ravinder Narain, for the appellant.
S.V. Gupte, Additional Solicitor General of India, R. Ganapathy lyer, P. D. Menon and R. H. Dhebar, for the... | The appellant runs a tile factory and an engineering works at Quilon.
These two industries are indepedent of each other, but they arc carried on by the same company and on the same premises.
The tile factory was started in 1943 and the engineering works in 1950.
The engineering industry was included in Schedule I of th... |
This appeal is filed challenging the Judgment and
award passed in WCF No.59/2009 dated 21.07.2011 on
the file of the Labour Officer and Workmen’s
questioning the liability fastened on the Insurance
2. The factual matrix of the case of the
claimants before the Workmen’s Compensation
Commi... | The Karnataka High Court has reiterated that under the Workmen's Compensation Act, there are no provisions prohibiting blood relatives to be employer and employee.A single judge bench of Justice H P Sandesh sitting at Dharwad dismissed the appeal filed by the Divisional Manager of Oriental Insurance, questioning the or... |
with the consent of the learned counsel for the rival parties.
(2) The petitioner is one of the two accused persons in
First Information Report (FIR) No. 429 of 2021, dated 24/09/2021,
registered at Police Station, Parva, Taluka–Ghatanji, District–Yavatmal,
for offence under Section 306 read with 34 ... | The Nagpur bench of the Bombay High Court has quashed an FIR registered against a woman accused of abetting her father's suicide, observing that it is unlikely that she demanded money from him with the purpose of driving him to commit suicide."We are of the opinion that such repeated demands or alleged increase in the ... |
This petition is filed under Section 438 of Cr.P.C. praying
to enlarge the petitioner/accused on bail in the event of his
arrest in FOC No.51/2020-21 (Case No.05/2020-21) registered
Gauribidanur now pending in PCR No.56/2020 on the file of
Principal Civil Judge & JMFC., Gauribidarnur, for the offences
punishable under ... | The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code (CrPC). Justice H P Sandesh thus dismissed the anticipatory bail petition filed by one Ramesh and grante... |
This is an appeal filed under Section 374(2) of the Code of
Criminal Procedure by accused Nos.1 and 2 in S.C.No.1317/2003
on the file of the IInd Additional Sessions Court, Kollam, assailing
conviction and sentence imposed against them as per judgment
dated 12.03.2007. State of Kerala represented by the Public... | The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC (cruelty), does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. Justice A. Badharudeen emphasised that Sections 498A (cruelty) and 306 IPC (abetment to suic... |
2. This petition is filed by accused Nos.1 to 4 under Section 482 of Cr.P.C for
quashing criminal proceedings in Crime No.19/2019 registered by Chandra Layout
police station pending on the file of Additional City Civil and Sessions Judge,
Bengaluru in Special C.C. No.1667/2022 for the offences punishable under sec... | The Karnataka High Court has quashed the POCSO case registered against a Muslim man for impregnating his minor wife. The matter was put to rest after a settlement between the accused and the victim, who was married to him as per the Mohammedan Law.
The order was passed by Justice K.Natarajan on 10th October, two days ... |
P.I. Mr.Vikramsinh Kadam attached to Badlapur East P. Stn. present.
Mr.S.V.Gavand, APP for the State in BA 2057/22.
Mrs.A.A.Takalkar, APP for the State in BA 2058/22.
1. These two applications are filed by the same applicant Shri Sagar
Vilas Tote who is charged for committing offences punishable under
Sections 406... | The Bombay High Court granted bail to a businessman accused of duping investors of crores of rupees under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, observing that gravity of his offence cannot be a reason to deny him benefit of section 436-A of the CrPC.
Under the se... |
Petitioner :- Vishnu Kumar Srivastava (Petitioner In person)
Counsel for Respondent :- C.S.C.
Heard Shri Vishnu Kumar Srivastava, in person in support of
this petition and Shri Amitabh Rai, learned Additional Chief
Standing Counsel representing the State-respondents.
This Public Interest Litigation has been filed with ... | The Allahabad High Court on Monday observed that the menace of fake, fabricated, and orchestrated news is causing harm to society.The Bench of Justice Devendra Kumar Upadhyaya and Justice Abdul Moin observed this while hearing a plea seeking an appropriate direction to the State authorities for framing guidelines to re... |
1. Petitioners claim to be engaged in the business of designing,
developing, manufacturing, marketing and/or sale of telecommunications
related products worldwide. According to petitioners, Bharat Sanchar
Nigam Limited (BSNL) invited bids for planning, supply, installation
and commissioning of IMPCS 20/30 Combo Net... | The Delhi High Court has held that the Limitation period of 3 years for seeking Appointment of Arbitrator commences from the date of expiry of 30 days period, reckoned from date of issuance of the notice invoking arbitration.Holding thus, it has allowed the Petitioner, Bharat Sachar Nigam Limited (BSNL), to proceed wit... |
This appeal is filed by the original petitioner to challenge the
judgment of the learned Single Judge dated 10.12.2021. The
appellant was engaged as a constable-driver in CRPF. He was
granted leave from 21.08.2013 to 19.09.2013. He however did
not report for ... | The Rajasthan High Court, Jaipur Bench has refused to interfere in the disciplinary authority's decision, which dismissed CRPF Constable-petitioner from service as he did not report for duty on completion of leave period. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "In our view t... |
The matter comes up on an application preferred by Shri
Sunil Bhandari representing the respondents seeking dismissal of
the writ petition on the ground of it having been filed without
proper authorization.
The instant writ petition has been filed in representative
capacity on behalf of a Union posed as Income Tax Cont... | The Rajasthan High Court has held that a writ petition filed in representative capacity without proper authorization or resolution is not maintainable. A division bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani, observed,"We are of the firm view that the writ petition has been filed without proper autho... |
ivil Appeal No. 2183 of 1988.
From the Judgment and Order dated 25.3.1988 of the Allahabad High Court in F.A.F.O. No. 951 of 1987.
N.D.B. Raju and N. Ganapathy for the Appellants.
M.S. Ganesh and Murlidhar for the Respondents.
The Judgment of the Court was delivered by K. JAGANNATHA SHETTY, J.
The question raised in th... | A Constable while returning home after performing his duties was knocked down by a tractor owned by appellant No. 1, and driven by appellant No. 2 who had no driving licence.
As a result of the accident, the Constable died and his widow and children claimed compensation, before the Tribu nal.
Awarding a compensation of... |
1. In this appeal, the appellant challenges the judgment and
order dated 01.04.2021 passed in Sessions Case No.87 of 2016 by
the learned Sessions Judge, Gadchiroli, whereby the learned Judge
convicted the appellant (accused no.1) for the offence punishable
under Section 304B of the Indian Penal Code (for short,... | The Bombay High Court recently observed that parents not taking any action on their daughter's complaint about the dowry demand and harassment by her in-laws is not a conduct of a prudent person, while setting aside a man's dowry death conviction.
"If the demand of dowry and ill-treatment on that count was narrated by... |
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Umesh Pal Singh
Counsel for Opposite Party :- G.A.
Counter affidavit filed by the learned A.G.A., is taken on
Heard learned counsel for the applicant as well as learned
A.G.A. and perused the record.
The accused- applicant, Manoj Saxena, is involved i... | The Allahabad High Court recently granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon a 8 year old girl as her parents refused to get her medically examined.The bench of Justice Sadhna Rani (Thakur) granted bail to accused Manoj Saxena taking... |
The State of Madhya Pradesh has filed this appeal against the
order dated 20.08.2018 passed in W.P. No.5436/2017 whereby Writ
Court has directed State to consider the case of the writ petitioner for
grant of compassionate appointment on merit ignoring clause 4.1 of
the policy dated 29.09.2014.
1. Late Ishwarsingh R... | The elder son lived separately with his wife and was not providing financial aid to the deceased's family.The Madhya Pradesh High Court, Indore Bench recently upheld the decision of a single bench wherein the Writ Court had directed the State to consider the younger son of a deceased government employee for compassiona... |
Age : 60 years, Occu.: Household,
1/6] Dilip @ Bhandu s/o Umaji Shep,
Age : 58 years, Occu.: Agril.,
2 Common Judgment in AO 15-21 & 16-21
1/9] Lata w/o Eknath Nagargoje,
2-A] Madhukar s/o Madhavrao Shep,
Age : 63 years, Occu.: Agril.,
2-F] Susheelabai w/o Shridhar Bade,
Age : 55 years, Occu.: Household,
2-G] Kush... | The Bombay High Court recently held that a temporary injunction can be granted only if the applicant approaches the court without any suppression of material facts and reiterated that such an injunction can be granted only if a prima facie case, balance of convenience, and irreparable loss to the person seeking the inj... |
For Petitioner(s) : Mr. S.S. Ladrecha with
1. In the wake of instant surge in COVID – 19 cases and spread
of its highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in the Court, for the safety
of all concerned.
2. The present case, originally, was filed... | The Rajasthan High Court has recently observed that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention o... |
New India Assurance Company Ltd., through Regional Manager,
1. Smt. Kanchan Devi W/o Shri Chathurbhuj Ji Soni, aged 60
2. Smt. Chaman Soni W/o Shri Pawan Kumar, aged 32 years,
3. Kumar Saloni D/o Shri Pawan Kumar, aged 12 years,
4. Master Ankit S/o Shri Pawan Kumar, aged 10 years
5. Smt. Sarla W/o Shri Gajraj Ji Soni, ... | Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck.Justice Birendra Kumar held that the Tri... |
1. This Review Petition was adjourned yesterday at Mr
Krishnan’s request. He appears for the Review Petitioners (“the
Agarwals”). I have heard him at some length this afternoon and,
briefly, Dr Saraf for the contesting Respondent (“Tata Financial”).
Priyanka Communications (India) Pvt Ltd & Ors v Tata Capital Finan... | In an important order, the Bombay High Court has observed that written submissions in a dispute become immaterial if the litigant's counsel doesn't rely on them before the court of the first instance.The Bench went on to add that those submissions cannot subsequently be used to challenge any order. "Counsel's failure t... |
1. The present transfer petition has been filed by the petitioner-wife for
transfer of CS No.6 of 2020 titled as “Sh. Ravindra Bhushan Joshi v.
Smt. Sarita Joshi” pending before the Principal Judge, Family Court,
South West District, Dwarka Courts to the Principal Judge, Family
Court, East District of Karkardooma Court... | The Delhi High Court has observed that the convenience of the wife has to be seen more while transferring a petition to a different court in matrimonial disputes.
Justice Dinesh Kumar Sharma added that the transfer jurisdiction has to be exercised in such a manner that there should not be any inconvenience caused to ei... |
Dr. Birendra Saraf, Senior Counsel a/w Anand Mohan, Nishit Dhruva,
Khushboo Chhajed, Yash Dhruva & Shahbaz Malbari i/b. MDP &
Partners, for the Applicant/Plaintiff.
Mr. Hiren Kamod a/w Ankoosh Mehta, Sarah Navodia, Aman Parekh
i/b. Cyril Amarchand Mangaldas for Defendant Nos. 1 to 3.
Mr. Rashmin Khandekar a/w Megha Cha... | Less than six weeks after the Bombay High Court refused ad-interim reliefs to plaintiffs Azure Entertainment in a commercial suit worth Rs. 4.50 crores against release of the film "Thank God," the parties entered into consent terms and settled the matter for Rs. 3.75 crore.
Justice BP Colabawalla decreed the suit agai... |
This petition is filed by the petitioner/accused under
Section 482 of Cr.P.C. for quashing the criminal
proceedings in FIR in Crime No.6/2015 registered by the
Davangere Lokayukta police for the offence punishable
under Sections 13 (1)(e) read with 13(2) of the Prevention
of Corruption Act, 1988 and Sectio... | The Karnataka High Court has refused to quash an alleged case of disproportionate assets against Bharatiya Janata Party (BJP) Leader M P Renukacharya. Justice K Natarajan, while dismissing the petition filed by the legislator, said the petition is devoid of merits and liable to be dismissed.On the private complaint fil... |
: Criminal Appeal Nos. 380 of 1989 and 323 of 1988.
From the Judgment and Order dated 28.1.1988 of the Allahabad High Court in Crl.
Appln.
No. 995 of 1987.
G. Ramaswamy, Additional Solicitor General, Anil Dev Singh, Miss A. Subhashini and R.P. Kapur for the Appellants.
R.L. Kohli, Manoj Saxena and R.D. Upadhyay for the... | The respondents, two employees of a nationalised Bank and two account holders, were charged with offences punisha ble under Sections 120B, 420, 468, 471 I.P.C. and 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947.
The F.I.R. alleged that the two Bank employees entered into a criminal conspiracy ... |
The petitioner is before this Court calling in question
order dated 12-09-2019 passed on I.A.No.VII, by the II
Additional Principal Judge Family Court, Bengaluru in
M.C.No.1256 of 2012 c/w. M.C.No.824 of 2012.
2. Heard the petitioner who appeared in-person. The
respondent though served by all modes, has neither
appeare... | The Karnataka High Court has said that 'passage of time' and 'cost of living' are valid grounds to be considered as changed circumstances for enhancing maintenance amount granted to wife under Special Marriage Act.
A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Vineetha Thomas and inc... |
Through Mr. Jitender Solanki and Mr. Vikrant,
with petitioner in person.
Through Ms. Kusum Dhalla, APP for the State.
Mr. Ashok Kumar Kailashi and Mr.
the complainant/respondent No.2.
along with the complainant in person.
1. The present petition under Section 482 of the Code of Criminal
Procedure (Cr.P.C... | The Delhi High Court on Friday (26th March) directed a man accused of assaulting a woman to do 1-mon community service at the de-addiction Centre 'to atone for his sins' while quashing the FIR against him on the ground of a compromise being entered between the parties.
A single-judge bench comprising of Justice Subram... |
1. This is a petition filed seeking setting aside of the orders dated
26.07.2021, 15.09.2021 and 18.10.2021 passed by the learned Metropolitan
Magistrate, Mahila Court-02, South East, Saket District Court, Delhi in CT
titled qua car bearing
2. The present petition has its ge... | In a case connected to a matrimonial dispute, the Delhi High Court on Friday directed a woman to return an Audi Car to a private company, while ruling that the corporate veil cannot be permitted to be lifted to hold that even though the vehicle belongs to the company, it is owned by her husband.
The woman had been perm... |
1] Being aggrieved and dissatisfied by the
judgment and award passed by the Commissioner for
Workmen’s Compensation and Judge, Labour Court, Latur
in WCA No.33/2003, the appellants – original claimants
preferred this Appeal for enhancement of amount of
compensation.
Brief facts of the... | The Bombay High Court's Aurangabad bench recently enhanced compensation awarded to a deceased truck driver's kin under the Employees' Compensation Act, 1923 relying on the oral testimony of the wife.Justice SG Dige observed that the labour court wrongly discarded the wife's evidence in the absence of a salary slip in a... |
Hiqh Court of ludic a t u re at A ah a bad
Functioninq of High Court during COVID-l9
ln suppression of all earlier direction / guidelines the Modalities &
Arrangement as per following details will be effective w.e.f. 01.03.2021 -
1. The High Court will function as usual and all the Courts will function
in routin... | The Allahabad High Court has decided to function as usual, in a routine manner, from March 1, 2021. As per an order issued under the orders of Chief Justice Govind Mathur, physical hearing of cases will be held in a routine manner from the said date. To facilitate this, all Judges and their supporting staff will attend... |
1. Being aggrieved and dissatisfied with the judgment and
order passed by the Motor Accident Claims Tribunal, Pune (for short
the Tribunal), the Appellant Insurance Company preferred this
On 15th May 2010, Sakharam Gaikwad was riding the
motorcycle bearing No. MH-14/BD-9975 and deceased Ganesh was a
pillion... | The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation.
Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation –
“One cannot expect that for getting compensation of deceased husband, the wido... |
3. The State of Maharashtra Respondents
Mr. Suresh Shetye with Ms. Khushboo Pathak i/by Mr. Prem
Kumar Pandey, Advocate for the Applicant.
Mr. Vinod D. Gangwal, Advocate for respondent Nos. 1 and 2.
Mr. S. R. Agarkar, APP for the Respondent – State.
Digitally signed
1. The applicant is aggrieved by order... | The Bombay High Court recently rejected a criminal revision application in a complaint under the Negotiable Instruments Act observing that section 138 cannot be attracted if the cheque is given as security for a loan from a unlicensed money lender. "In cases of money lending business without license, the provisions und... |
The instant revision petition has been preferred under Article
227 of the Constitution of India, for setting aside of order dated 09th March,
2022 (Annexure P-3), passed by Addl. Civil Judge (Sr. Divn.), Chandigarh,
vide which, application filed under Order 7 Rule 11 of the Code of Civil
Procedure (hereafter called as ... | Punjab and Haryana High Court recently dismissed a revision petition for setting aside order of the Addl. Civil Judge (Sr. Divn.), Chandigarh, vide which, application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint in a summary suit was allowed. The bench comprising Justice Manjari Nehru Ka... |
1. I have heard learned Advocate Shri.Hrishikesh Chavan for the
Applicant and learned APP Shri.N.B.Patil for the Respondent-State on
more than one occasion.
2. He has moved this Application on behalf of the Applicant on the
basis of the scheme titled as ‘Release_UTRC@75’ framed by National
Legal Services Author... | The Bombay High Court held that the NALSA’s scheme for release of undertrial prisoners is meant to bring the attention of the stakeholders i.e., courts, to the undertrial persons languishing in jail, but it cannot override the court’s discretion to grant or refuse bail to such prisoners on merits.
Justice S. M. Modak, ... |
1. The instant petition under Section 34 of the Arbitration &
Conciliation Act, 1996 (hereinafter referred to as the „Arbitration Act‟)
raises some important questions of law inter alia pertaining to the
interpretation of Section 21 of the Arbitration Act. By way of the instant
petition, the Petitioner seeks indulg... | The Delhi High Court has ruled that delivery of arbitral award, to be effective under the Arbitration and Conciliation Act, 1996 (A&C Act), must be made to a person who has direct knowledge of the arbitral proceedings. The bench of Justice Chandra Dhari Singh remarked that the word ‘party’ in Section 34(3) of the A&C A... |
ivil Appeal No. 1589 of 1988 etc.
From the Order dated 6.1.1988 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. 2085 of 1985A in Order No. 5 of 1988 A. K. Parasaran, Attorney General, A.K. Ganguli, K. Swamy, P. Parmeswaran and Sushma Suri for the Appellant.
R.N. Bajoria, S.K. Bagari... | The respondent, in the first of these appeals, was manufacturing different varieties of printing paper includ ing wrapping paper failing under Item No. 17 of the erst while Central Excise Tariff.
The appellant issued a show cause notice to the Respondent for the alleged violation of Rules 9(1), 173 F and 173 G of the C... |
Counsel for Appellant :- Mr. Anurag Shukla (Amicus Curiae)
Counsel for Respondent :- Government Advocate.
1. This Criminal Appeal has been filed against the judgment
and order dated 16.09.2008 passed in Sessions Trial No.796 of
2006, arising out of Crime No.50 of 2006, under Section 376 of
Indian Penal Code,1860 (... | The Allahabad High Court has observed that mere non-examination of the accused medically after the incident cannot create clouds of doubts on the evidence of eye-witnesses well supported with medical evidence.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav observed thus as it upheld the conviction of the rape... |
1. This appeal is directed against the judgment and award
dated 14th April, 2007 in Application (WCA) No.17/B-8/2004,
passed by the Commissioner for Workmen’s Compensation and
Judge, 8th Labour Court at Mumbai, whereby the application
preferred by the appellants – applicants for compensation on
account of death, of ... | The Bombay High Court recently directed an employer to compensate the kin of a truck driver, observing that the stress and strain caused during his employment had ultimately led to his demise. Justice NJ Jamadar held that the deceased driver's heart attack could be termed an accident arising out of and in the course of... |
Sessions Case No.96/96 acquitting the respondent –
original accused from the offence punishable under sections
489(a), 489(b) and 489(c)of Indian Penal Code.
2. The case of the prosecution in nutshell is as under:-
On 22/3/1995 owner of Prabhat Saw Mill named
Laxmidas Patel visited the Bank for depositing Rs.25,000... | The Gujarat High Court has declined to overturn the order acquitting Respondent who was accused of counterfeiting currency notes while noting that 'no iota of evidence' came on record to point out the guilt of the Respondent-Accused. The Bench comprising Justice SH Vora and Justice Rajendra Sareen concluded that no inc... |
2. Perused the First Information Report (FIR) and the
statements of relevant witnesses with the assistance of the learned
Counsel for the applicants, learned APP and the learned Counsel for
non-applicant no. 2.
3. Although, it is the contention of the learned counsel for the
applicants that the ... | The Bombay High Court recently held that a husband marrying another woman during the existence of first marriage and without his wife's consent constitutes cruelty under section 498-A of the IPC.
"Marrying another woman by the husband during existence of his first marriage is something which is most likely to cause tr... |
1. Business associations can sour and that is what has happened in
the present case. That the association was across the seas is another
aspect. The two parties before us were shareholders in the investment
holding company called Atlas Equifin Private Limited, India (for short
‘Atlas’) which held 11,05,829 equity s... | The Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications that have been made after the date of the amendment. "Section 34 as amended will apply only to Section 34 applications that have been made to the Court on or after 23.... |
No one has appeared on behalf of the Respondent No.2 in spite
of notice.
This appeal is against an order dated 24.11.2021 passed by the
High Court of Punjab and Haryana at Chandigarh dismissing Criminal
Misc. No.33701/2021 in Criminal Miscellaneous Petition No. 33995 of
2021 filed by the Appellant for permission to tra... | Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the Indian Penal Code, the Supreme Court observed.In this case, an FIR was filed by the complainant against her husband and in-laws under Sections 323, 34, 406, 420, 498A and 506 of the Indian Penal Code, 1860. Compla... |
These appeals, by special leave, challenge the judgment and order dated 28th
August, 2009 rendered by the Delhi High Court (hereafter ‘the High Court’, for short)
while disposing of 5 (five) writ petitions, viz. WP(C) Nos. 1854 and 1895 to 1898 of
2. The High Court, for the reasons assigned in the impugned judgment... | The Supreme Court, recently, endorsed the order of the Delhi High Court upholding the validity of Section 9D of the Central Excise and Salt Act, 1944 (Excise Act).
A Bench comprising Justice S. Ravindra Bhat and Justice Dipankar Datta also imposed a cost on the appellant cigarette manufacturing companies for unnecessar... |
1. The challenge in the present appeals is to an order dated 29.9.2021 passed by the
High Court of Judicature for Rajasthan at Jodhpur, whereby the writ petition filed by
respondent No. 11was allowed directing the appellant and respondent Nos. 2 to 8 not to
interfere with the action of the writ petitioner in rem... | The Supreme Court, on Friday, held that in absence of proof of 'dedication' or 'user' or 'grant' , which would qualify a dilapidated wall or a platform as 'waqf' in terms of Section 3(r) of the Waqf Act, 1995, the said structure cannot be recognised as a religious place for offering Namaaz.A Bench comprising Justices H... |
Counsel for Petitioner :- Gaurav Mehrotra,Abhineet Jaiswal
Counsel for Respondent :- C.S.C.
1. Heard learned counsel for petitioner Sri Gaurav Mehrotra &
Sri Abhinit Jaiswal and learned Standing Counsel for the State.
2. Despite the best efforts of all still, how a working woman can
be harassed even in this era is refl... | "Any working woman, more particularly, a mother is required to be accommodated as far as possible" : Allahabad High CourtThe Allahabad High Court last week quashed an order of the State Medical Department initiating an inquiry against an associate professor working in a state medical college after keeping her resignati... |
Till the final disposal of the main petition the respondents may
kindly be restrained not to interfere or disturb or to user and
possession of the Petitioner in the land.”
4. During pendency of the writ petition, a notification dated 06.05.2016 under
the 1903 Act was published in respect of the land comprised in ... | The Supreme Court set aside the Madhya Pradesh High Court order that directed the disbursal of the amount of about Rs. 1.96 crore deposited by Defence Ministry with Collector as compensation to land owners.Land owners of about 51.57 acres in Jabalpur had filed the writ petition before the Madhya Pradesh High court alle... |
tion Nos.
1128 and 1204 of 1988, 1012 (Under Article 32 of the Constitution of India).
Mrs. section Ramachandran for the Petitioners.
V.C. Mahajan, Ms. A. Subhashini and Ms. Kusum Chaudhary for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
Each of these two writ petitions under Article... | These two Writ Petitions have been filed by the widows of the pensioners viz. Smt.
Bhagwati and Smt.
Sharda Swamy, as they have been refused family pension after the demise of their husbands.
Bhagwanti is the widow of an Ex Subedar of the Indian Army who retired after serving for 18 years on 3.8.1947.
He was given pens... |
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 11.09.2017 passed by the High Court of Judicature at
Hyderabad for the State of Telangana and the State of Andhra Pradesh
passed in CCCA No.99 of 2017 by which the High Court has allowed the
said appeal and has quashed and set aside th... | The Supreme Court has disapproved the approach taken by a High Court in setting aside a decree in a suit and remanding the same for fresh trial after directing the plaintiff to implead a party as an additional defendant in the suit.The Top Court reminded that the plaintiff is the "dominis litis"(master of the suit), wh... |
1. This appeal, by special leave, challenges a judgment and order of the Calcutta High
Court, which affirmed a judgment and decree by the trial court2 allowing a petition for
grant of letters of administration under Section 278 of the Indian Succession Act, 1925
(hereinafter, “Act”). The aggrieved defendant is t... | The Supreme Court has held that the presumption under Section 90 of the Indian Evidence Act regarding the genuineness of documents aged more that thirty years old is not applicable to a will.
"wills cannot be proved only on the basis of their age – the presumption under Section 90 as to the regularity of documents more... |
1. The present appeal is directed against an order passed by the
National Consumer Dispute Redressal Commission 1 whereby the
appellant herein was directed to pay a sum of Rs. 265.01 Crores
along with interest @ 10% p.a. from 19.9.2016 within a period of
three months. In case of failure to deposit the said amount, t... | The Supreme Court held that the onerous condition of payment of 50% of the amount awarded to file appeal against NCDRC order will not be applicable to the complaints filed prior to the commencement of the Consumer Protection Act, 2019.The consumer complaint, in this case, was filed before the National Consumer Disputes... |
The petitioner has invoked the writ jurisdiction of this Court
claiming his release for the reason that he has undergone more than
21 years of sentence including 16 years of actual sentence.
The petitioner was convicted along with other accused for an
offence under Section 302 read with Section 149 IPC for causing
murd... | There is no bar in imposing concurrent life imprisonments on accused convicted for murder of more than one persons, the Supreme Court observed in a recent order.The court observed thus while considering a writ petition filed by a prisoner claiming his release for the reason that he has undergone more than 21 years of s... |
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court of Judicature at Allahabad vide
order dated 23.01.2020 passed in Special Appeal No.638 of 2012 by
which the Division Bench of the High Court has dismissed the said
appeal and has confirmed the judgment and order passe... | The Supreme Court on Saturday (13th November) held that two persons cannot be appointed on one sanctioned post as the same would impose a serious financial burden on the State. A bench comprising Justices M.R. Shah and A.S. Bopanna dismissed a petition filed by the appellants, three Stenographers in the judgeship of M... |
Through: Mr. N.S. Bajwa, APP for State with
1. This petition under Section 482 Cr.P.C. has been filed for quashing of
FIR No.003/2016 for offences under Sections 406/498A/354/377/34 IPC,
registered at Police Station Crime Women Cell, Nanak Pura and the
proceedings emanating therefrom.
2. The principal ground ... | The Delhi High Court has observed that in matrimonial cases where settlement has taken place, offence under sec. 377 of Indian Penal Code can be compromised and FIR can be quashed as parties have to move ahead in life. Justice Talwant Singh thus concurred with the decision of a coordinate bench in Rifakat Ali & Ors v. ... |
The petitioner is challenging the order dated 23.03.2021
(Annexure A-1) passed in Appeal Case No.48/2021/Registration by the
Appellate Authority-cum-Joint Commissioner, Goods and Services Tax,
2. The brief facts shows that petitioner’s company was registered
under the Goods and Services Tax Act, 2017 and was ... | The Madhya Pradesh High Court bench of Justice Sheel Nagu and Justice Maninder S. Bhatti has upheld the cancellation of GST registration as there was a delay of 18 months in filing the appeal without reasonable justification.
The petitioner company/assessee was registered under the Goods and Services Tax Act, 2017. On... |
1. The present appeal filed by the appellants –
Distribution Companies (hereinafter referred to as “the
appellants DISCOMS”) challenges the judgment and order
dated 7th January, 2020, passed by the Appellate Tribunal for
Electricity, New Delhi (hereinafter referred to as “the APTEL”)
in Appeal No. 41... | On Wednesday, the Supreme Court held that the instrumentalities of the State cannot change a consistent stand taken by them, all of a sudden, at their whims and fancies, especially when it is arbitrary, irrational, unreasonable and against public interest. A Bench comprising Justices L. Nageswara Rao and B.R. Gavai rej... |
1. This appeal questions an order of the National Consumer Disputes
Redressal Commission,1 (hereinafter, “NCDRC”) which allowed the insurance
claim of Levi Strauss (India) Pvt. Ltd. (hereinafter, “Levi / insured / respondent”).
Prior to this order, United India Insurance Co. Ltd. (hereinafter, “insurer /
appe... | The Supreme Court, recently, held that in cases of overlapping insurance policies, when the defined loss of the insured is fully indemnified by one insurer, the second insurer is not liable for the claim towards the same incident. "A contract of insurance is and always continues to be one for indemnity of the defined l... |
The legal issue which arises for consideration in the present
appeal is whether K. Veluswamy, as a Karta, has legal authority to
execute agreement to sell dated 8 th December 2006 for sale of the
suit land, being agricultural land – (i) Sy.No. 7/1P1, measuring 4
acres, 21 guntas of land; (ii) Sy.No. 7/1P2 measuring 5 a... | Where a Karta has alienated a joint Hindu family property for value either for legal necessity or benefit of the estate it would bind the interest of all undivided members of the family even when they are minors or widows, the Supreme Court observed in a judgment.In this case, K. Veluswamy as a Karta of the joint Hindu... |
No. 17238 of 1988.
IN Writ Petition Nos.
630 632 of 1984.
(Under Article 32 of the Constitution of India).
Shanti Bhushan and P.D. Sharma for the Petitioner.
G.L. Sanghi, Mahabir Singh, Rana Ranjit Singh, Srinivas Choudhary, S.K. Mehta and G.K. Bansal for the Respondents.
The Judgment of the Court was delivered by NATA... | This is an application filed by the Petitioners seeking directions of the Court for implementation of this Court 's order dated 17.12.86 in its true spirit, in particular, praying that the promotion orders dated 30.12.87 be given effect from the back dates (deemed dates) or the dates when their juniors were promoted.
T... |
The Appellant, who claims mundkarial rights in respect of the property in
dispute, has come up with the above appeal challenging the judgment and decree
passed by the High Court of Bombay at Goa in a Second Appeal, confirming the
concurrent judgment and decrees of Trial Court and the Appellate Court, ordering his
We ha... | Recently a Division Bench of the Supreme Court comprising Justice V. Ramasubramanian and Justice Pankaj Mithal reiterated that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court.
The Bench was hearing an appeal ... |
2. These appeals by way of special leave petitions are directed
against the judgment and order dated 07.11.2019 passed by
Delhi High Court dismissing Crl.L.P. Nos.315 to 322 of 2019 filed
by the appellant against the order of Metropolitan Magistrate-04
(N.I. Act)/South East, Saket Courts, New Delhi (for short “lear... | Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment today.
In this case, the complainant filed eight complaints against the accused under Se... |
1. Leave granted. These appeals are directed against the judgment
and order dated 15.11.2018 passed by the High Court of Delhi
whereby the Court upheld the common final order dated 24.08.2017
of the Central Administrative Tribunal, Principal Bench [hereinafter
referred to as the ‘Tribunal’ for short] and dismissed t... | The Supreme Court has observed that there is no rational justification for different age of retirement for doctors practicing AYUSH system of medicines and allopathic doctors. The Court observed that the mode of treatment by itself will not qualify as an "intelligible differentia" between two categories as far as retir... |
Rinki Kumari @ Anita Kumari aged about 32 years, wife of
Kundan Kumar @ Kundan Kumar Singh and daughter of Tilak
Sharma, permanent resident of village Korma, P.O.
Chhatubagh, P.S. Chandauti, District Gaya (Bihar) at present
residing at Tungri Toli, behind St. Francis School, Harmu, P.O.
Kundan Kumar @ Kundan Kumar Sing... | The Jharkhand High Court has recently held that the claim for maintenance arises from the date of filing the application and not the date of judgment. Justice Anubha Rawat Choudhary referred to the Supreme Court Decision in Rajnesh v. Neha & Anr. and modified the impugned order, directing payment of monthly allowance f... |
The present appeal is directed against an order
passed by the National Consumer Disputes Redressal
Commission [in short, “NCDRC”] in R.P. No. 170 of
2006 on 21.10.2009, whereby the revision against an
order of the State Dispute Redressal Commission
dismissing the complaint was upheld.
The appellant is th... | The Supreme Court observed that a Karta of a Joint Hindu Family cannot file a consumer complaint in respect of deficiency in service on part of the Hospital/Doctor regarding the treatment given to his pregnant sister-in-law.The concept of Joint Hindu Family does not extend to the treatment of a pregnant sister-in-law, ... |
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court of Judicature for Rajasthan at Jaipur
passed in D.B. Civil Miscellaneous Appeal No. 2845 of 2018, by which
the Division Bench of the High Court has dismissed the said appeal
preferred by the appellant herein and... | The liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority, the Supreme Court observed in a judgment dissolving marriage of a couple."It also cannot be disputed that the son has a right to be maintained as per the status of his father", the Court added.... |
Heard the learned counsel for the petitioner.
This petition is filed by the petitioner for transfer of
Complaint No. 3105 of 2021 titled as “Vishal Mahajan vs. Dinesh
Mahajan” filed under Sections 420 and 506 of the Indian Penal Code
pending in the Court of Chief Judicial Magistrate, Jammu to Tis
In Ground ... | The Supreme Court observed that mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground.In this case, the petition sought transfer of Complaint filed under Sections 420 and 506 of the Indian Penal Code pending in the Court of Chief... |
The present appeal impugnes the judgment dated 16.12.2017, passed by the High
Court of Himachal Pradesh in Criminal Appeal No. 3/2017, whereby conviction of the
appellant-Amar Chand under Section 20 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS Act), vide judgment dated 20.10.2016, passed by the
Spe... | The Supreme Court recently acquitted a person, who was sentenced to 10 years imprisonment and pay Rs 1 lakh fine for the offence of possessing charas. Granting him benefit of doubt due to the lacunae and gaps in the prosecution, a bench comprising Justices Sanjiv Khanna and JK Maheshwari set aside the conviction of the... |
1. On 07.03.2000 at about 1:00 p.m. Vikas Kumar Singh, aged about
22 years was going from his house towards Bhandar for performing
physical exercise. It is the case of the prosecution that based on the
recorded at Sadar Hospital, Garhwa at 2:00 p.m., when Vikas Kumar
Singh reached in front of the house of Ramadhar R... | "The test which is applied of proving the case beyond reasonable doubt does not mean that the endeavour should be to nick pick and somehow find some excuse to obtain acquittal.", the Supreme Court remarked in a judgment dismissing appeals filed by murder accused.Pappu Tiwari, Sanjay Ram, Uday Pal, Ajay Pal, Pintu Tiwar... |
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