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04. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned
counsel for the State.
3. The petitioner is an accused in C.T. Case No.536/66/04 of
2018-19, on the files of learned Additional Session Judge-Cum-
Special Judge POCSO Act, Bargarh, arisi... | The Orissa High Court granted bail to a child in conflict with law on Thursday after she remained in custody for over 'three years'. A Single Judge Bench of Justice V. Narasingh came down heavily on the police for its apathetic approach and observed,
"Proceedings of the High Court cannot be held hostage to the whims o... |
ivil Appeal No. 1846 of 1974.
From the Judgment and Order dated 25.9.1972 of the Bombay High Court in Appeal No. 512 of 1965.
V.N. Ganpule and Mrs. Urmila Sirur for the Appellant.
V.A. Bobde, Uday U. Lalit and A.G. Ratnaparkhi for the Respondent.
The Judgment of the Court was delivered by SHARMA, J.
This appeal by the ... | The disputed property belonged to a joint Hindu family, governed by Mitakshra law of which one Bhiku and his son were coparceners.
Bhiku died leaving behind Parvati his widow and a son, Balu.
Soon after, Balu too died, leaving behind his widow Lilabai who gave birth to a posthumous daughter, the present appellant.
Some... |
1. This appeal is directed against the judgment dated 13th July,
2006 passed by the learned Sessions Judge, Keonjhar convicting
the Appellant for the offence punishable under Section 302 IPC
and sentencing him to undergo imprisonment for life in ST Case
No.18 of 2004.
2. By an order dated 19th October 2012, this Court ... | The Orissa High Court has upheld the conviction of a person, who was sentenced to life for committing murder of his cousin-brother. While dismissing the appeal, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik observed,
"This is not a case of mistaken identity since all the witne... |
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 2516/2022
Aman Chopra S/o Shri Virendra Chopra, Aged About 36 Years, R/
o I-1901, Arihant Arden, Sector - 1, Greater Noida West,
Gautam Buddh Nagar, Uttar Pradesh.
... | The Rajasthan High Court (Jodhpur Bench) has directed the state police to not investigate allegations leveled against News 18 Journalist Aman Chopra of committing offence punishable under Section 124-A of the Indian Penal Code (sedition)
This relief for Chopra has come in an FIR registered against him for airing a disc... |
Petitioner has raised an issue of the State Police authorities not
following the mandate of Section 173 (2) (ii) of Cr.P.C. in large number of
cases. The petitioner has raised an issue in public interest exhibiting no
personal interest in the same.
Section 173 of Cr.P.C., pertains to report of police officer on
complet... | The Tripura High Court on Monday (01st February) directed the State Government to ensure that the requirements of Section 173 (2) (ii) of Cr.P.C. are 'scrupulously followed' in all cases. The Bench of Chief Justice Akil Kureshi and Justice S. G. Chattopadhyay specifically directed the Home Department of the State Gover... |
At the outset, be it noted, it is settled law that “a jurisdiction can
neither be waived nor created even by consent and even by submitting to
jurisdiction, an Assessee cannot confer upon any jurisdictional authority,
something which he lacked inherently”. The said ratio squarely applies to the
case on hand.
2. The app... | The Madras High Court invalidated the reassessment procedures on the basis that the reopening of the income tax assessment was conducted by an officer without jurisdiction.The division bench of Justice R. Mahadevan and Justice J.Sathya Narayana Prasad has observed that the ACIT Mumbai, who recorded the reasons for reop... |
Dated this the 1st day of August, 2022
The appellant/wife filed Mat.Appeal No.181 of 2013 against
the dismissal of O.P No.944 of 2005 on the file of Family Court,
Thiruvananthapuram, and she along with her three children filed
R.P (F.C) No.41 of 2019, challenging the order in M.C No.248 of
2010 dated 10.05.2017. ... | The Kerala High Court on Monday ruled that an order of cancellation of maintenance under Section 127(2) of the Code of Criminal Procedure (CrPC) always operates prospectively and not retrospectively.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas added that such cancellation orders cannot date ... |
1. By way of the present application, permission has been sought
by petitioner/accused Amrinder Singh @ Raja to file the petition
bearing No. CRL.M.C. 1571/2021 seeking quashing of FIR No.
258/2010 and the charge-sheet and all the proceedings arising
therefrom including the proceedings initiated against the petitio... | The Delhi High Court has held that the accused cannot recourse to a third party, such as a Power of Attorney holder, to represent him in criminal proceedings. Citing the mandatory requirement of personal appearance of the accused in the Code of Criminal Procedure, the Court noted that the presence of third parties in c... |
The present application has been filed for review of the order
dated 27.04.2022 on the ground that there is an error apparent on the record
as real facts were not put forth before this Court.
It is apt to notice that the present application for review has
been filed by a counsel who was neither the filing counsel nor t... | The Punjab and Haryana High Court has reiterated that parties are bound by the statements made by their counsel in Court. The observation was made while disallowing a review application filed against an order on the ground of an 'error apparent'.
The bench comprising Justice H.S. Madaan held that the counsel for the ap... |
The biological parents, i.e. appellant Nos.3 and 4 and
alleged adoptive parents, i.e. appellant Nos.1 and 2 entered
into unregistered agreement of an 'unborn child' in the form of
adoption, jointly filed the present appeal against the judgment
and decree dated 31-5-2022 passed in G & W.C. No.9 of 2021
MFA No. 4617 of 2... | The Karnataka High Court has said that Mohammedan Law does not recognise adoption and thus an agreement entered into between a Hindu couple to give their unborn child in adoption to a Muslim couple is not allowed.
A division bench of Justice B Veerappa and Justice K. S. Hemalekha dismissed a petition filed by the coup... |
The petitioner has filed the present petition seeking
quashment of Annexure P/1 and P/2 whereby she has been
denied for compassionate appointment as well as ex-gratia
/compensation by the respondents. The petitioner is also
claiming gratuity and pension w.e.f. 1998.
(2) Facts of the case in short are as under:
(a). ... | The Indore Bench of the Madhya Pradesh High Court has imposed exemplary cost of Rs. 2 lakh on the State Bank of India (SBI) for adopting a very 'inhuman approach' while dealing with a widow woman's application seeking appointment to the Bank on compassionate grounds. The cost is made payable to the woman (Petitioner)."... |
1. These are writ petitions which are being disposed of by a common
order.
2. The petitioner in the above writ petitions has sought quashing of the
a. FIR No. 01/2012 dated 10.01.2012 registered at PS Anti Corruption
Branch under Section 13(1)(d)/13(2) of the Prevention of Corruption
Act, 1988 (hereinafter “PC Act”... | The Delhi High Court has quashed the three FIRs that were registered by Anti Corruption Branch against a senior doctor in 2012 and 2013, observing that there was an unexplained delay of 10 years in completing investigation and that chargesheet was still awaiting sanction from the appropriate authority.
The FIRs were u... |
ivil Appeal No. 4195 of 1989.
From the Judgment and Order dated 16.2.1987 of the Andhra Pradesh High Court in C.R.P. No. 3750 of 1984.
B. Kanta Rao for the Appellant.
M.S. Ganesh for the Respondents.
The Judgment of the Court was delivered by K. JAGANNATHA SHETTY, J.
We grant special leave and proceed to dispose of the... | Rule 64, Order XXI CPC empowers the Court executing a decree to bring to sale any property attached by it or such portion thereof as may seem necessary to satisfy the decree.
The appellant 's land measuring 10 acres was brought to court sale in execution of a decree.
The respondent purchased the land for Rs. 17,000.
Th... |
These petitions are filed by the common accused invoking
Section 482 of Cr.P.C, praying this Court to direct the second
respondent to release the petitioner/accused, forthwith, from the
Central Prison, Bengaluru, in respect of the following cases in
which the petitioner herein convicted for the offence punishable
under... | The Karnataka High Court has held that only substantive sentences can be made as concurrent if it is of a single transaction. If the transaction is different, the said concession cannot be given to the accused. In case of default sentences, there cannot be an order of concurrent sentences.
A single bench of Justice H ... |
Habeas Corpus Petition has been filed under Article 226 of
Constitution of India seeking for an issue of a Writ of Habeas Corpus
directing the 9th respondent namely, the Commissioner of Police, Chennai
City, Tamil Nadu to secure the minor sons respondents 2 and 3 from the
illegal custody of the respondents 1, 4 and 5 a... | While holding that the courts should always look into the best interest of the child in matters relating to custody, the Madras High Court has directed a mother to return her twin boys to their father in the US.
The division bench of Justice PN Prakash (since retired) and Justice Anand Venkatesh said the children are ... |
CRIMINAL PETITION NO: 506 8, 5069, s076 AN D 5081 0F 2021
Kodam Danalakshmi, W/o K.Venkatram Narsaiah, Aged about 48 years, Occ
Housewife Fl/o Plot No..301, Sri Nirmalas Avas, Plot No.257 and 25-8, pragathi
1. The State of Telangana, rep. by its Public Prosecutor, High Court of Telangana,
2. Sri Challa Ramesh, S/o C.... | In a case pertaining to dishonor of cheque, the Telangana High Court recently ruled that a joint account holder who is not a signatory to the disputed cheque shall not be prosecuted under Section 138 of Negotiable Instrument Act, 1981. Relying on the Supreme Court ruling in Alka Khandu Avhad vs. Amar Syamprasad Mishra,... |
1. This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.0286/2019, under Section 498A/323/341/506/34 IPC, registered at
Police Station Safdarjung Enclave, Delhi, and all proceedings emanating
therefrom.
2. The brief facts of the case are that the petitioner No.1 and respondent
No.2 got married on... | The Delhi High Court has recently imposed Rs. 10,000 cost on a party for appearing in vest during the virtual hearing, observing that such a conduct was totally unacceptable. "During the course of VC petitioner no. 5 has appeared through VC for his identification by the IO in his vest. The conduct of the petitioner no.... |
This petition is filed under Section 397 read with Section
401 of Cr.P.C., praying to set aside the order passed by the
Special JMFC (Sales Tax), Bengaluru in C.Misc.No.715/2004
dated 26.07.2012, call for Trial Court records and grant any
other relief as deems fit in the facts and circumstances of the
2. Heard th... | The Karnataka High Court has held that the District Magistrate is empowered to attach the property and not the Commissioner of Bengaluru Mahanagara Palike Commissioner (BBMP). The single bench of Justice S.P.Sandesh has observed that the Commissioner of BBMP, has no authority to attach the property as ordered by the Sp... |
This application is filed u/s 439 of the Code of Criminal
Procedure seeking regular bail.
2. The applicant is the sole accused in Crime No.35/2023
of Kothamangalam Police Station. The offences alleged are
punishable under Sections 354, 354A of Indian Penal Code,
Sections 9(I)(n) read with 10, 6 read wit... | The Kerala High Court on Wednesday granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act (POCSO Act), on doubting the veracity of the prosecution version.
Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first ti... |
1. The present bail application has been filed by the petitioner
under Section 439 Cr.P.C. seeking regular bail in case FIR No. 33/2018
under Section 9/21/25A of NDPS Act & under Section 471 IPC &
Section 14 of the Foreigners Act registered at P.S. Crime Branch,
2. Briefly stated, the facts of the case are that... | In a case involving a foreign national arrested under the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Delhi High Court clarified the liability of persons accused of offenses involving controlled substances and the foreigner's right to bail. Section 37(1) of the Act states that: "37. Offenses t... |
1. By this writ petition the petitioner father intends to invoke the
Constitutional powers of this Court under Article 226 and 227 of the
Constitution of India to challenge the order passed by learned
Additional Sessions Judge, Ahmednagar, District Ahmednagar, on 25-
04-2019 in Criminal Revision Application No.23... | The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. "The said provision is made for the immediate support that too financial in nature of a person so that he or she can sur... |
Counsel for Applicant :- S M Singh Royekwar,Sumeet Tahilramani
Counsel for Opposite Party :- G.A.,Anurag Kumar Singh,Narendra
Counsel for Applicant :- Purnendu Chakravarty,Pranesh Misra
Counsel for Opposite Party :- Anurag Kumar Singh,Narendra
Counsel for Applicant :- Sharad Pathak
Counsel for Opposite Party :- G.A.,Na... | The Bench of Allahabad High Court recently upheld the CBI inquiry report which found that the death of Dy CMO Dr. Y.S Sachin inside the Lucknow jail in June 2011 was suicidal and not homicidal.
With this, the bench of Justice Dinesh Kumar Singh also quashed the summoning order of the magistrate against 7 retired/servin... |
The prayer in the present petition under Section 439 Cr.P.C is for
the grant of regular bail in case bearing FIR No.26 dated 08.02.2022
(Annexure P-1) registered under Sections 387, 120-B IPC and Sections 25,
27, 54, 59 of the Arms Act at Police Station Sector-34, Chandigarh.
2. The present FIR has been lodge... | The Punjab and Haryana High Court last week granted bail to a relative (brother-in-law) of alleged Gangster Sampat Nehra accused of receiving ransom money in his bank account.
Observing that offences of this kind must be nipped in the bud, the bench of Justice Jasjit Singh Bedi, however, went ahead to grant bail in vie... |
ivil Appeal No. 2413 of 1989.
From the Judgment and Order dated 3.10.1988/12.10.1988 of the Central Administrative Tribunal, Hyderabad in O.A. No. 307 of 1987.
Anil Dev Singh, B. Parthasarthy, Hemant Sharma and C.V. Subba Rao for the Appellants.
Mrs. Kitty Kumaramangalam, Ms. Vijayalaxmi, Kailash Vasdev, P. Parmeshwara... | The respondent, employed as Yard Master in the South Central Railway, was on duty between 14.00 and 22.00 hours on 23rd February '86.
In the absence of a reliever, he was to continue his duty till 8.00 hours on 24th February '86.
He allowed his staff to take meals and since they did not return within a reasonable time,... |
impugned order passed in Cr.M.P.No.1721 of 2021 in Spl.C.C.No.9 of 2020
on the file of the learned Special Court for POCSO Cases, Tirunelveli and
set aside the same and allow the set aside petition.
2. The learned counsel for the petitioner submitted that the petitioner
is the accused in Spl.C.C.No.9 of 2020 on the fil... | Observing that the accused must be given an opportunity to place his defence, the Madras High court recently allowed a POCSO accused's plea for recall of the victim for cross examination. The court explained that Section 33 (5) of the Act was introduced only to ensure that the child should not be repeatedly called to t... |
Mr. A.H.M. Vakil, Advocate for the Applicants.
Mr. A.R. Kale, APP, for the Respondent – State.
Mr. W.A. Shaikh, Advocate for the Respondent No. 2.
1. With consent, heard finally at the stage of
2. By this Application under Section 482 of the
Code of Criminal Procedure, the Applicants have so... | There is no embargo on quashing a case emanating from a matrimonial dispute even after conviction when an appeal is pending, the Bombay High Court said while quashing a domestic violence case filed by the wife against her husband and in-laws. The accused in the case had been convicted by the trial court in March 2021. ... |
In this appeal the appellant has challenged the
judgment dated 03.03.2014 passed in
M.V.C.No.1847/2010 by the Principal Senior Civil
(Hereinafter referred to as ‘Tribunal' for short).
2. The appellant-insurance company was the
second respondent, respondent Nos.1 and 2 were
the petitioners, and re... | The Karnataka High Court has said that an insurance company is liable to pay compensation to a patient who succumbs to his ailments, when the ambulance in which he is being shifted to a hospital for better treatment meets with an accident.
A single judge bench of Justice T.G.Shivashankare Gowda turned down the content... |
1. The Appellant has challenged the Judgment and order
dated 11/09/2017 passed in Sessions Case No.152 of 2015 by
learned Additional Sessions Judge, Kalyan. The Appellant was
convicted for commission of offence punishable U/s.307 of I.P.C.
and was sentenced to suffer R.I. for 7 years and to pay fine of
Rs.300... | The Bombay High Court recently set aside a 22-year-old man's attempt to murder conviction observing that there was no premeditation as he pushed the victim from a running train in a sudden quarrel. The court convicted him under section 308 of the IPC (attempt to commit culpable homicide) instead.
"There was no premedi... |
This appeal is filed challenging the judgment and award
dated 20.04.2013, passed in M.V.C.No.717/2011, on the file of
Tribunal’ for short) praying to modify the judgment and award.
2. The factual matrix of the case of the claimant before
the Tribunal is that in an accident he had sustained the injuries
on account o... | The Karnataka High Court has reiterated that even if the court comes to the conclusion that there is a breach of any policy condition recognized under Section 149(2) of the Motor Vehicles Act, the insurer is liable to compensate the third party and recover the same from the insured.
A single judge bench of Justice HP ... |
MEP Infrastructure Developers Ltd & Anr v South Delhi Municipal Corporation & Ors
SHEPHALI through Mr Shashwat Singh,
Infrastructure and Developers Ltd,
MEP Infrastructure Developers Ltd & Anr v South Delhi Municipal Corporation & Ors
Through its Commissioner Office at:
Office at: Dr Shyam Prasad Mukh... | Observing that vehicular toll is a tax and not merely contractual debt between the collection company and the civic body, the Bombay High Court dismissed plea by Mumbai based MEP Infrastructure Developers Ltd. (MEPIDL) challenging recovery proceedings for its failure to pay toll collected by it to the Municipal Corpora... |
The petitioners were appointed on various posts with the
respondent Bank No.3-Central Co-Operative Bank Ltd. During the
tenure of their services, the respondent Bank passed a resolution
dated 25.05.2010, whereby, the superannuation age of the
employees was reduced from 60 years to 58 years. The said
resolution was chal... | The Rajasthan High Court has recently observed that the employees of Central Co-Operative Bank, who remained out of service due to the latter's 'illogical' decision reducing the age of superannuation, are entitled to the salary for the said period.The Bank had passed a resolution, reducing the superannuation age from 6... |
“It is therefore prayed that your Lordships would be graciously
pleased to admit this writ application and issue RULE NISI
calling upon the Opposite Parties to show cause as to why the
petitioners shall not be awarded compensation of Rs.3,00,000/-
(Rupees three lakh) only immediately as claimed by them.
And if the Oppo... | The Orissa High Court has recently ordered two lakhs’ rupees compensation to the wife and son of a man who died after coming in contact with a live electric wire in 2001. While allowing the writ petition, the Single Judge Bench of Justice Biswanath Rath reprimanded the electricity department and said: “The representati... |
Counsel for Appellant :- Vikram Bahadur Singh, Amicus Curuae
Counsel for Respondent :- Mr. Shrawan Kumar Ojha (A.G.A.)
1. Present jail appeal has been preferred against
the judgment and order dated 7.7.2011 passed by
Nagar whereby the accused appellant Amar Singh
has been convicted and sentenced under section 366
I.P.C... | The Allahabad High Court recently set aside the conviction order passed against a rape accused as it found each and every part of the testimony of the prosecutrix to be 'infirm', 'doubtful', and 'contradictory'.Significantly, the accused has already been released after serving a full sentence after getting the benefit ... |
( By Sri K.Nageshwarappa, HCGP for R-1;
Sri.C.N.Raju, Advocate for R-2)
This Criminal Revision Petition is filed under Section 397(1)
read with Section 401 of Cr.P.C. praying to call for records, allow
the Revision Petition and set aside order dated 4.8.2017 passed by
the learned V Addl. District and Sessions Judge, Ma... | The Karnataka High Court has set aside an order of the Sessions Court discharging a woman accused of bigamy and hatching a conspiracy with her second husband to murder her first husband. A single judge bench of Justice Dr. HB Prabhakara Sastry observed that there is sufficient material to proceed with the trial against... |
Civil Appeal No. 5415 of 1985 etc.
From the Order dated 7.1.1985 of the Presiding officer, Labour Court, Amritsar in Application No. 547 of 1979.
619 Jitendera Sharma, P. Gaur, D.K. Garg, K.K. Mohan and R.C. Kaushik for the Appellants.
S.C. Mohanta, Mahabir Singh and C.M. Nayar for the Respondents.
The Judgment of the ... | Each of these appeals by special leave was directed against the award made by the Labour Court.
The appellant in Civil Appeal No. 5415 of 1985, a foreman in the Mechanical Construction Division under the Irrigation Department, had filed an application under Section 33C 2 of the ( 'the ') before the Labour Court for the... |
vil Appeals Nos.
1166 72 of 1985 etc.
From the Judgment and Order dated 24.1.85 of the Punjab & Haryana High Court in C.W.P. Nos.
698 to 703 and 733 of 1984.
Raja Ram Aggarwal, B. Sen, Dr. Devi Paul, D.S. Tawatia, Soli J. Sorabjee, Kapil Sibal and S.K. Dholakia, A.N. Haka sar, D.N. Misra, Mukul Mudgal, Ravinder Narain,... | The appellant/petitioner company Good Year India Limit ed a registered dealer both under the Haryana General Sales Tax Act, 1973 and , was manufac turing automobile tyres and tubes at Ballabgarh in the State of Haryana.
For the said manufacturing activity it was purchasing various kinds of raw materials both within the... |
This is an appeal filed by the assessee against the order of the Income
Tax Appellate Tribunal dated 31.03.2009 in I.T.A.No.1588/Mds/2007.
2.The appellant is engaged in the business of manufacture and sale of
V & Fan Belts, Oil Seals etc. For the assessment year 2004-2005, they filed
its return on 01.11.2004 admitting ... | The Madras High Court recently upheld the decision of the Income Tax Appellate Tribunal directing the assessing officer to exclude the royalty income from the business profits for the purpose of calculation of deductions under Section 80HHC of the Income Tax Act.
Justice R Mahadevan and Justice Sathya Narayana Prasad ... |
1. By this petition the petitioner seeks anticipatory bail in case FIR No.
294/2021 under Section 376 IPC registered at PS New Ashok Nagar.
2. Learned counsel for the petitioner contends that even as per the case
of the prosecutrix the parties were in a live-in relationship and initially her
father did not agre... | In a live-in relationship, it is not that only one partner has to bear the expenses, said the Court.The Delhi High Court has observed that in a live-in relationship where both partners are living together, it would not be a criminal offence in case expenses are borne by the prosecutrix or by both the partners.Justice M... |
This Criminal Original Petition has been filed, invoking Section 482
Cr.P.C., seeking orders to call for the records pertaining to the case in C.C.No.
243 of 2018, pending on the file of the District Munsif-cum-Judicial Magistrate
Court, Thiruppattur, Sivagangai District and quash the same.
2. The petitioners 1 to 23 a... | The Madurai Bench of Madras High Court has recently quashed an FIR registered against protesters who assembled before a TASMAC Shop in 2017 and demanded that it must be shifted for the sake of young generation.While quashing the FIR registered based on the complaint of Village Administrative Official and taken on the f... |
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-
The present petition has been filed seeking direction to the respondent
authorities to conclude the fair investigation of Case Crime No. 610 of 2021,
Contention of learned counsel for the petitioner is that the police is acting in
collusi... | The Allahabad High Court has observed that the Magistrate has the power to monitor investigation in the exercise of his power under Section 156(3) Cr.P.C.The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed thus while referring to Supreme Court's 2016 ruling in the case of Sudhir Bhaskarrao Tambe ... |
Counsel for Appellant :- Sharad Malviya,J.H.Khan,M.I. Farooqui
Counsel for Respondent :- Govt. Advocate
Heard Shri J.H. Khan, learned counsel for the appellant,
learned A.G.A. for the State and perused the material on record.
The appellant has preferred this criminal appeal aggrieved
by judgment and order dated 21.12.2... | The Allahabad High Court on Friday modified the sentence of Life Imprisonment awarded to a 32-Year-Old Rape convict to Rigorous Imprisonment for 13 years, which the convict has already served out.The Bench of Justice Suneet Kumar and Justice Om Prakash Tripathi ordered thus while observing that at the time of the incid... |
The petitioner, a widow, aged 73 years knocks the doors
of this Court, alleging lack of sympathy or even empathy, on
the part of the respondent/Canara Bank, a State under Article
12 of the Constitution of India (‘the Bank’ for short) in
recovering Rs.6,40,329/- from out of the family pension
account of the petitioner a... | The Karnataka High Court has said that though recovery of excess amounts paid by banks to pensioners is permitted, that would not mean that the excess is to be recovered in one stroke. Such amount may be recovered in monthly installments, it said.
A single judge bench of Justice M Nagaprasanna was hearing the case of ... |
Sukhlal Biruly, son of late Lakhan Biruly, age 62 years, resident of Village
Singhbhum (Jharkhand), presently residing at Qr. No.SRT-280, ACC
Colony, PO and PS Jhinkpani, District West Singhbhum ….. Petitioner
2.Kamla Devi, wife of late Chokro Purty, resident of village Gitilpi, PO
3.Jagmohan Sawaiyan, son of late Dhan... | The Jharkhand High Court has recently observed that a Magistrate is not empowered to give effect to delivery of possession of the property under section 107 Cr.P.C.
The observation came from Justice Sanjay Kumar Dwivedi:
"Looking to section 107 Cr.P.C., it is crystal clear that the Magistrate can proceed if the perso... |
HIGH COURT OF JUDICATURE FOR RAJASTHAN
1. D.B. Special Appeal Writ No. 341/2022
Prakash Chand Saini S/o Shri Shyam Lal Saini, Aged About 53
Years, R/o Near Govt. Sardar Senior Secondary School,
Buchaheda, Ward No. 16, Kotputli, District Jaipur.
1. State Of Rajasthan, ... | The Rajasthan High Court has quashed the public notices for demolition issued by Nagar Palika asking all the occupants within the Kotputli road land to remove their structures. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, ordered, "1. Any of the appellants-original petitioners who may have ... |
Heard finally with the consent of learned Counsel for the
2. The appellant herein is convicted for the offences punishable
under Section 376(2)(f)(j)(i)(n) of the Indian Penal Code and sentenced
to suffer imprisonment for life and to pay fine of Rs.25,000/- in default
to suffer simple imprisonment for a perio... | The Bombay High Court on Thursday upheld the life sentence of a 55-year-old man convicted for raping a minor girl stating that the appellant, being a fatherly figure in the girl's life, betrayed her trust.
"This evidence shows that the trust of the victim is betrayed by the accused. The accused was under moral obligat... |
1. This second appeal is directed against the judgment and decree
dated 09.09.2010 passed by the learned Senior Civil Judge, Nirmal,
in A.S.No.15 of 2006 confirming the judgment and decree dated
14.08.2006 passed by the learned Junior Civil Judge, Nirmal, in
O.S.No.108 of 1997. The said suit was filed by the plaint... | The Court also held that when there are concurrent findings from both courts in a well-reasoned order, the second appeal is not maintainable without any substantial question of law.In a recent Telangana High Court ruling, the court held that when there are concurrent findings of both the Courts in a well-reasoned order... |
vil Appeals No. 26A42648 of 1987: From the Judgment and Order dated 7.5.
1987 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, Order No. 377 to 381/1987 D in Appeal Nos.
CD/SA/A Nos. 2451, 1989 to 1991 & 1992/86 D. V.C. Mahajan R.P. Srivastava and P. Parmeswaran for the Appellant.
T.A. Ra... | Under Heading No. 44.01 of Schedule to the , timber was chargeable to customs duty (basic effective duty) at 60%.
However, under a Notification issued by the Government under Section 25(1) of the , timber imported from certain countries was ex empted, but an additional duty (auxiliary duty) was payable on Such imports ... |
1. The appellant has challenged his conviction and
sentence recorded by the learned Special Judge under POCSO Act
at Greater Mumbai on 20.11.2017 in POCSO Case No.94/2014.
The appellant was convicted for commission of offence punishable
under Section 354 of the Indian Penal Code read with Section 8 of
the Pro... | Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not mak... |
2.2 In furtherance of the aforesaid FIR, the petitioner came
to be arrested and thereby, an application being Criminal
Misc. Application No.503 of 2022 came to be preferred under
Section 439 of the Cr.P.C. for seeking, inter-alia, regular bail.
The said application came up for hearing before the learned
Principal Di... | A single judge bench of the Gujarat High Court consisting of Justice Niral R. Mehta held that while exercising its powers under Section 439 of Cr.P.C., the court could not impose any condition which amounted to it exercising powers envisaged under some other enactment. The court held that any such condition imposed wou... |
These are two appeals filed by the Union of India,
through General Manager, Central Railway, Mumbai, impugning
the decision dated 1st September, 2021 awarding compensation of
Rs.8,00,000/- in Claim Petition No.OA IIu/168/2019 (First
Appeal No.113/2022) to the respondent-Reena Kharwade along
with interest at the rate of... | The Bombay High Court recently held that a person carrying a ticket for a different train/journey than the one he actually undertakes would also be "passenger" under Railways Act, 1989 and will be entitled to compensation in case of an accident.
"Nowhere the above said two provisions (sections 2(29) and 124-A) which d... |
Advocate (Crl. Side) appearing for the respondents 1 & 2 and the learned counsel
appearing for the third respondent.
2. This Criminal Appeal has been filed to call for the records and set-aside the order
passed by the learned learned Sessions Judge, Special Court for Trial of SC / ST
(PoA) Act Cases, Theni District, da... | The Madras High Court recently granted bail to a man arrested for misbehaving with a woman belonging to the SC/ST Community.
While Justice G Ilangovan agreed that the man was not having good conduct, the court noted that considering the period of incarceration and the fact that the alleged act was done in a drunken st... |
The petitioner-husband is before this Court praying to
quash the order dated 12.06.2019 passed in
Crl.R.P.No.14/2019 by the learned Sessions Judge, Dharwad
confirming the order passed by the learned Magistrate in
Crl.Misc.141/2015 dated 15.10.2018.
2. Heard Miss.Joshna P Dhanave, learned counsel fo... | The Karnataka High Court has held that maintenance awarded to an estranged wife under the provisions of Protection of Women from Domestic Violence Act, 2005, cannot be enhanced on an application made by her under section 127 of the Criminal Procedure Code (CrPC). A single judge bench of Justice M. Nagaprasanna said, "A... |
(2 of 11) [CW-13178/2021]
Adv. on behalf of Mr. Shobhit Tiwari,
The present writ petition has been filed by the petitioners i.e.
petitioner No.1 who is a candidate and ward of insured person for
the purpose of admission in MBBS/BDS Under Graduate Courses
and petitioner No.2 is the father of the petitioner N... | The Rajasthan High Court, Jaipur Bench has allowed a NEET Candidate to avail the benefit of ESIC quota (ward of insured person quota) in the counselling process for admissions in MBBS/BDS Course.Notwithstanding the fact that the requisite contributions to the Employees' State Insurance Corporation were not paid by the ... |
1. This petition has been filed under Sections 397/401 Cr.P.C.
challenging Order dated 09.11.2021 in case bearing M.T. 1358/2018
wherein the Ld. Judge, Family Courts, North-East, Karkardooma, Delhi,
directed the Petitioner/Husband to pay an interim maintenance of Rs.
20,000/- per month to the Respondent/Wife with ... | The Delhi High Court has observed that Section 125 of Code of Criminal Procedure entails that if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his moral and familial responsibilities.Justice Subramonium Prasad also said that the provision was enacted to ens... |
Dated this the 31st day of January, 2022
This Original Petition is filed under Article 227 of
Constitution of India against an order passed by Family Court,
Ernakulam (for short ‘the court below’) on 25.10.2021 in
M.P.No.629/2021 in M.C.No.198/2021. The order assailed
“Taken up today. For... | The Kerala High Court on Monday observed that a party to litigation is entitled to be informed of the reasons behind the denial of their claims. Thus, setting aside a non-speaking order passed by the Family Court, Justice Mary Joseph observed that although there is no rule that all reliefs sought for should be allowed ... |
This public interest litigation has been filed seeking
intervention of this Court in the matter of transfer of some
Elephants from State of Karnataka to respondent No.3
Trust which was reported in the media. A direction has
been sought to the State Government to issue guidelines
directing that no person can sell... | The Karnataka High Court has held that Section 40 of the Wild Life (Protection) Act, 1972 permits private ownership of live elephants and there is no bar in giving them up in adoption, so long as the transaction is of non-commercial nature.
The observation was made while dismissing a PIL against adoption of four elepha... |
First petitioner minor child and second petitioner, its
mother are knocking at the doors of Writ Court grieving
against the non-issuance of the Transfer Certificate of the
child, by the 9th Respondent – School despite repeated
2. After service of notice, the respondents have
entered appearance through their ... | The Karnataka High Court has said that estrangement between a couple should not affect their child's education prospects. Justice Krishna S Dixit thus allowed the petition filed by a mother and her 8-year old daughter, seeking directions to a school in Bengaluru to issue her Transfer certificate. The plea was opposed b... |
vil Appeal No. 62 (N) of 1970 etc.
From the Judgment and Order dated 13.10.
1969 of the Madras High Court in W.A. No. 464 of 1967.
K. Parasaran, Attorney General, Dr. Y.S. Chitale, F.S. Nariman.
T.S. Krishnamurthy Iyer, A.K. Ganguli, B. Sen, L.N. Sinha, R.N. Sachthey, R.B. Datar, R.F. Nariman, K.J. John, H.N. Salve, Pr... | The appellant company used to manufacture cement and was granted mining lease for limestone and kankar by the Govern ment of Tamil Nadu in accordance with the Mineral Concession Rules, 1960.
The royalty was fixed under the Mines and Minerals (Regulation & Development) Act, 1957 which is a Central Act by which the contr... |
This Criminal Petition, under Section 439 of the Code of
Criminal Procedure, 1973, is filed to enlarge the petitioner on
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the respondent-State.
3. The petitioner is A-1 in Sessions Case No.359 of 2017 on
the file of the lear... | The Andhra Pradesh High Court recently granted bail to an accused on whom the non-bailable warrant was issued due to his absence during issue of summons. The court observed that the accused had no knowledge of the summons as he had changed his residence and therefore could not appear on the dates before the trial Court... |
1. This is an application filed under Section 482 CrPC with a prayer to
set aside and quash the FIR registered as Laban P. S Case No 102(11) of 2021
under Section 5(j)(ii)/6 of the POCSO Act, 2012 and the consequent
proceedings in Special POCSO Case No. 28 of 2022 pending before the learned
Special Judge (POCSO... | The Meghalaya High Court, while quashing a POCSO FIR against a minor's partner, reiterated that rigors of the Act may not be applied to break down a happy family relationship. Such cases must be decided by taking a sympathetic view towards the accused, who is in a consensual relationship with the minor, in the instant ... |
This petition is filed by the petitioners/accused
Nos.1 to 4 under Section 482 of Cr.P.C. for quashing
the FIR in Cr.No.157/2020 registered by the
Ramamurthy Nagar Police Station for the offences
punishable under Section 420, 506 read with Section
34 of IPC.
2. Heard the learned counsel for the petitione... | The Karnataka High Court while quashing the FIR registered against a man and his family has reiterated that not abiding with the promise of marriage will not amount to the offence of cheating under section 420 of the Indian Penal Code. A single-judge bench of Justice K Natarajan while allowing the petition filed by Ven... |
Heard on : 07.01.2022, 27.01.2022, 04.02.2022, 16.02.2022 & 24.02.2022
The appellant has assailed the judgment and order dated 30th March,
2016 and 31st March, 2016 passed by the learned Additional Sessions Judge,
4th Court, Malda, in Sessions Case No. 216 of 2015 corresponding to
Sessions Trial C... | The Calcutta High Court has recently observed that if the evidence of official witnesses inspire confidence then the absence of corroboration by independent witnesses who have turned hostile will not make a dent in the prosecution case. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi was adjudic... |
The criminal original petition has been filed to direct the learned
Judicial Magistrate, Bodinayakanur, Theni District to run the sentences
passed in C.C.No.477 of 2018 concurrently along with the sentence passed in
C.C.No.02 of 2019, dated 21.01.2019.
2.The petitioner was involved in two different cases on two differe... | The Madras High Court recently held that the scope of Section 427 CrPC is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature, the sentence shall run concurrently. The court also made it clear that it can exercise of its jurisdiction under Sec... |
1. The present appeal has been preferred under Section 374(2) read with
Section 482 Cr.P.C. on behalf of the appellant challenging the judgment on
conviction dated 24.10.2019 and the order on sentence dated 30.10.2019
passed by the learned Addl. Sessions Judge-02 (North-East District),
Karkardooma Courts, Delhi in... | The Delhi High Court vindicated the case of the State upholding S. 307/324 IPC (attempt to murder/voluntary causing hurt by dangerous weapons) Conviction after confirming the reliability of the testimony of the injured witness. Appellant's objections to procedural irregularities such as non-examination of public witnes... |
Mrs G. P. Mulekar, APP for the Respondent-State.
By this Appeal filed under Section 374 of the Code of
Criminal Procedure, 1973, the Appellant seeks to challenge the
apeal-634.2014.doc
Judgment dated 15 September 2011 passed by the learned
Sessions Judge, Pune, in Sessions Case No. 556 of 2010, whereby
the Ap... | The Bombay High Court recently upheld the murder conviction of a man observing that he did not try to extinguish the fire showing that he had the intention to murder his wife.
A division bench of Justice Nitin W. Sambre and Justice R. N. Laddha held –
“the act of the accused of pouring the kerosene oil on the person... |
1. The present petitions have been filed under Section 482 Cr.P.C. on
behalf of the petitioner seeking quashing of Complaint Case Nos.
627314/2016 and 618548/2016 arising out of the proceedings initiated
CRL.M.C. 2358/2021 & CRL.M.C. 2362/2021 Page 1 of 7
under Sections 138/141 of ... | The Delhi High Court has observed that the Negotiable Instruments Act, 1881 should receive strict construction for the reason of being a penal statute. Justice Manoj Kumar Ohri also observed that specific averments in a criminal complaint which satisfies the requirements of sec. 141 of the Act are imperative in nature.... |
2. Mr.Monal Chaglani, learned advocate has challenged
the impugned judgment and award on the ground that the
learned Tribunal has not considered the oral as well as
documentary evidence on record and has not considered
the income aspect in accordance with the judgments of
the Hon’ble Apex Court where the income tax... | The Gujarat High Court has held that an income tax return (ITR) filed prior to the death of the assessee is the basis for computation of loss of future income, including future prospects. The single bench of Justice Gita Gopi has observed that both the parents are dependents of the deceased son and are entitled to appl... |
1. This appeal has been preferred by the claimants-appellants
against the judgment and award dated 24.08.2021 passed by learned
(hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 116 of 2018
(Roop Lal and Another Vs. Suresh Kumar Yadav and others), whereby
the learned Tribunal awarded a sum of Rs.1,80,000/- as... | Referring to a Supreme Court's Judgment delivered in 2021, the Allahabad High Court has observed that fixing notional income at Rs.15,000/- per annum for a family's non-earning members is not just and reasonable.The Bench of Justice Dr. Kaushal Jayendra Thaker and Ajai Tyagi was hearing an appeal filed by the parents o... |
Civil Appeal No. 4567 of 1989.
From the Judgment and Order dated 22.12.1988 of the Punjab & Haryana High Court in C.R. No. 1327 of 1987.
Gopal Subramanium, N.D. Garg and Rajiv K. Garg for the Appellant.
J.K. Nayyar, Rajeev Sharma and S.K. Bisaria for the Respondent.
The short question for consideration in this appeal a... | Section 13A of the East Punjab Urban Rent Restriction Act, 1949 lays down the procedure for a 'specified landlord ' to seek immediate recovery of possession of his residential building at any time within one year prior to or within one year after the date of his retirement or after his retire ment but within one year o... |
The petitioners in these petitions are before this Court
seeking a prayer that the order of conviction dated 25.11.2010,
passed in S.C.No.2/2007, by the District and Sessions Judge,
Chikkaballapura, for different offences to run concurrently.
Petitioners are convicted - accused Nos.1 and 2.
2. Heard Sri M.R.Nan... | The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively.
A single judge bench of Justice M Nagaprasanna gave t... |
Ms.Madhvi Gonathieswaran i/by Dr.Yug Mohit Chaudhry, Advocate
for Applicant-Appellant.
Mr.Ajay Patil, APP, for Respondent-State.
1. This is an application for release of applicant on temporary
bail for a period 22nd February 2023 till 28th February 2023 on the
ground of marriage of his daughter namely Ms.Nandini wh... | The Bombay High Court on Monday allowed a death row convict, who murdered his mother and cut her body parts to eat them, to attend his daughter’s marriage. An Escort Party in civil dress will remain present at the venues.
A division bench of Justice A. S. Gadkari and Justice P. D. Naik observed that his presence is nec... |
Counsel for Opposite Party :- G.A.,Jeetendra Kumar Sharma
Heard Mr. Monoj Kumar Srivastava, learned counsel for the
applicant, Mr. Jeetendra Kumar Sharma, learned counsel for the
opposite party No.2 and learned A.G.A. for the State.
The present Application U/S 482 Cr.P.C. has been filed with a
prayer to quash the charg... | The Allahabad High Court has observed that matrimonial dispute between the husband and wife should be quashed when the parties have resolved their entire dispute amongst themself through a compromise deed duly filed and verified by the Court.
The Bench of Justice Chandra Kumar Rai observed thus as it quashed criminal p... |
Case :- APPLICATION U/S 482 No. - 12850 of 2021
Counsel for Applicant :- A Kumar Srivastava,Anand Kumar
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the record.
This Application U/s 482 Cr.P.C. has been filed with a prayer to
quash the entire crimi... | The Allahabad High Court on Tuesday held that an Application U/s 482 Cr.P.C. can't be filed against a cognizance order passed by Special Judge in an SC/ST Act Offence and that against such an order, only an appeal shall lie before the High Court under Section 14A(1) of the S.C./S.T. Act.In this matter, an application u... |
Challenging the order and decree, dated 30.06.2010, passed in
M.V.O.P.No.532 of 2008 on the file of the Chairman, Motor
Accidents Claims Tribunal-cum-Principal District Judge, Medak at
Sangareddy (for short “the Tribunal”), the claimants filed the
present appeal.
The claimants, who are the husband and children of one
V... | Relying on the Apex Court decision in National Insurance Company Limited v. Pranay Sethi & Ors., the Telangana High Court recently ruled that the compensation in motor vehicle accident death claims should include amount under conventional heads viz. loss of estate, loss of consortium, and funeral expenses. Brief facts ... |
S/O LATE FAIZUDDIN, R/O VILL- JORGARH, P.S.-TEZPUR, PIN-784001, DIST-
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI-110001
REPRESENTED BY THE CHIEF ELECTION COMMISSION OF INDIA
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
... | The Gauhati High Court on Monday set aside an order passed by a Foreigners' Tribunal declaring a resident of Jorgah village, Sonitpur as a foreigner after noting that the concerned Tribunal had earlier declared him to be an Indian citizen but had subsequently passed an ex-parte order declaring him to be a foreigner. A ... |
National Insurance Company Limited through its Assistant Manager
Satya Devi (since deceased) through her Legal Heirs and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Om Pal Sharma, Advocate
for the appella... | The Punjab and Haryana High Court has recently dismissed an appeal preferred by the Insurance Company for staying the operation of award passed by the Motor Accident Claims Tribunal whereby the tribunal allowed the petition of legal representatives of the claimant and awarded the compensation of Rs.1,79,000/- with inte... |
This appeal filed under Section 37 of the Arbitration and Conciliation
Act, 1996 (the Act), is against the order dated 04.12.2017 in O.P.(Arb.)
No.105/2015 of the District Court, Kasaragod.
2. The appellant herein is the petitioner before the court below and
the claimant before the Arbitral Tribunal (AT). The respon... | The Kerala High Court has recently ruled that in the case of a breach of contract, no compensation can be granted under Sections 73 and 74 of the Indian Contract Act unless such breach resulted in an actual loss or damage to the opposite party. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha opined... |
Mumtaz Mohd. S/o Shri Gafoor Khan, aged about 59 years, r/o
village Musaliya District Pali(Raj.)
1. District Collector Pali, dist. Pali
4. Hira Lal, Khandpa, ward no. 17, Member Panchayat Samiti,
The matter comes up on an application (Inward No. 02/22)
for early hearing.
It is noted that the case is listed in the ‘Orde... | The Rajasthan High Court recently asked the Tahsildar to hear the poultry farmer before he decides to ask him to shift his farm elsewhere.
The observation came from Justice Vinit Kumar Mathur:
"A bare perusal of the Annex. 5 dated 09.09.2016 shows that the petitioner has not been extended any opportunity of hearing b... |
1. The present petition is a criminal revision petition filed by the
Revisionist Petitioner, an Indian Army colonel, with a prayer to set aside the
order dated 30.5.2018 passed by Ld. Family Court Tis Hazari in MT No.
78/2018 wherein the Court passed an order under Section 125 Cr.P.C
directing the Petitioner to pay... | The Delhi High Court has observed that the fact that a wife is capable of earning is no ground to deny interim maintenance to her opining that many time wives sacrifice their career only for the family.Justice Subramonium Prasad also observed that the object of sec. 125 Cr.P.C is to bring down the agony and financial s... |
tition No.369 of 1989.
(Under Article 32 of the Constitution of India).
K. Madhava Reddy, B. Rajeswar Mehta Dave and Ms. Neelam for the Petitioners.
M.K. Ramamurthi, M.A. Krishnamurthy, Mrs. C. Ramamurthy, GVS Surayanarayana Raju in person TVSN Chari, Jagan Rao, DRK.
Reddy, GVS Surayanarayana for the Respondents.
The J... | Pursuant to this Court 's direction in K. Siva Reddy & Ors.
vs State of Andhra Pradesh & Ors.
, ; , the State Government issued Circular dated 12.8.1988, fixing the guideline for drawing up of inter se seniority list of direct recruit and promotee Deputy Executive Engi neers in Andhra Pradesh Engineering Service.
This ... |
As these transfer petitions are between the
husband and wife in connection with the disputes
arising out of their marriage, they have been disposed
of by this common order.
2. Tr.P(C) No.305/2019 is filed by the husband
against the wife, to transfer O.P.No.304/2019 filed by
the wife, from the Family Court, Thalasseri t... | This was all the more so if the wife was abroad and appearing through a power of attorney holder.The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of ... |
According to the petitioner, she purchased a
'Winwin' lottery ticket bearing No.UBMYA-WNUND-
TDJAS(WB-649642). The date of draw was on
28.09.2015. Ext.P1 is the lottery ticket
alleged to be purchased by the petitioner. On
28.09.2015, the results of the lottery ... | The Kerala High Court has directed the State to disburse the first prize amount of Rs 40.95 lakh to a woman who won its 'Winwin' lottery draw. Justice PV Kunhikrishnan issued the order on the petition filed by P Shitha challenging the rejection of her claim by the lottery department, alleging it to be unsustainable for... |
Mr.Amrut Joshi i/b Jerome Merchant & Partners for the Petitioners.
Ms.K.N. Solunke, AGP for the State – Respondent Nos.1 to 3.
Mr.G.S. Godbole with Mr.Devashish Godbole for the Respondent
Mr.Nitin V. Gangal for the Respondent Nos.21, 23, 24 and 26 to 29.
1. By this Petition filed under Article 226 of the Cons... | The Bombay High Court recently held that the Collector can pass a compensation award in favour of persons having share in the property under acquisition to the extent of their share even if other interested persons claiming share do not appear before the Collector.
A division bench of Justice RD Dhanuka and Justice MM ... |
Present petition is filed by the Union of India and
others seeking following reliefs;
“(i) To strike down the Section 110(1)(j) of
the Karnataka Municipal Corporation Act,
1976 in so far as non exepting the land used
or intending to be used for residential or
commercial purposes by the Union of India
from taxes.
(ii) ... | The Karnataka High Court recently quashed the demand notices issued to the Union of India by the Mangalore Municipal Corporation towards payment of property tax in respect of the building used for staff quarters.
A single judge bench of Justice M G S Kamal by its order dated November 8, 2022, quashed the notices issue... |
1. The petitioner is before this Court seeking for the
i) Issue a writ, order or direction in the nature of
certiorari in quashing the impugned order
passed by the City Civil Judge, Bengaluru
dated 08.08.2018 on I.A.No.7 in O.S.
No.4739/2014 vide Annexure-A.
ii) Grant such other relief/s as this Hon'... | The Karnataka High Court has held that the properties which had been given as dowry or otherwise at the time of marriage of the daughter, would be amenable for partition and the same will have to be included in a suit for partition, instituted by the daughter. A single judge bench of Justice Suraj Govindaraj said,"In a... |
Heard Sri Avinash A. Uplaonkar, learned counsel
for the petitioners, Smt. Maya T.R., learned High Court
Government Pleader for respondent No.1 and Sri
Sudarshan M., learned counsel for respondent
No.2/defacto complainant.
2. The present petition is filed under Section
482 of Cr.P.C., wit... | The Karnataka High Court has quashed the criminal proceedings initiated against two Bank managers for changing the access of a locker, purportedly on the application of one of the joint holders.
A single judge bench of Justice V Srishananda said that no intention of criminality can be attributed to Bank managers for me... |
Case :- CRIMINAL REVISION No. - 1714 of 2022
Counsel for Revisionist :- Jai Prakash Singh
Counsel for Opposite Party :- G.A.
In view of the provisions of Section 228-A of Indian
Penal Code and the mandate of Hon’ble Supreme Court in
the case of Ravi Shankar alias Baba Vishwakarma Vs.
State of Madhya Pradesh, (2019)9 SC... | The Allahabad High Court has observed that even a minor has a right to keep her person and even the parents cannot compel the detention of a minor against her will unless there is some other reason for it.The bench of Justice Sanjay Kumar Singh observed thus while granting the custody of minor victim (in connection wit... |
Matter taken up in the revised list. No one appears on behalf of the revisionist.
Notice was issued to the opposite party no. 2 vide order dated 11.5.2005. As per
office report dated 01.8.2005, it is apparent that notice has been duly served
personally on the opposite party no. 2.
No one appears on behalf of the opposi... | Referring to the Apex Court's ruling in the case of Rajnesh v. Neha and another, (2021) 2 SCC 324, the Allahabad High Court has observed that the maintenance has to be awarded from the date of application and not from the date of the order.The Bench of Justice Samit Gopal observed thus as it opined that the order of th... |
1. The petitioner by way of the present petition under
Article 226 of the Constitution of India has prayed for the
following reliefs:
(c) To allow this petition by issuing writ of mandamus or
any appropriate writ, order directed by directing respondents
that the petitioner is possessing the educational qu... | A single-judge bench of Justice Vaibhavi D. Nanavati of the Gujarat High Court held that in terms of conduction of examination and results for admission to LLB course, the rules of a University would prevail over the Rules of Bar Council of India.
In this case, the High Court upheld Saurashtra University rules that pr... |
1. By the present Writ Petition, Petitioner takes exception to
the orders dated (i) 20.09.2019 passed by Respondent No. 4 - State of
Maharashtra, (ii) 08.02.2019 passed by Respondent No. 1 – Collector
of Nasik and (iii) 04.12.2018 passed by Respondent No. 2 – The
2. Respondent No. 1 is the licensing aut... | The Bombay High Court recently imposed Rs. 10,000/- cost on a petitioner who had objected to opening of a Country Liquor Bar in his neighbourhood, observing that his allegations hamper the business owner’s right to carry on trade.
Justice Milind N. Jadhav, while dismissing the writ petition, said the manner in which th... |
il Writ Petition 747 of 1985.
(Under Article 32 of the Constitution of India).
S.R. Rangarajan and K.B. Rohtagi for the Petitioner.
Manoj Swarup and Miss Lalita Kohli Advocates for the Respondents.
The Judgment of the Court was delivered by PATHAK, CJ.
This writ petition under Article 32 of the Constitution has been fi... | Sub clause (iii) of cl.
(c) of section 24(1) of the entitles a person to be admitted as an advocate on a State roll if he has obtained a degree in law after 12th March, 1967 after undergoing three years ' of study in law.
Under sub cl.
(iii) of cl.
(c) a person is considered quali fied for admission as an advocate if h... |
1. The application filed on behalf of the defendant under Section 8 of the
Arbitration and Conciliation Act, 1996, being I.A. No.2863/2020, was
allowed by this Court on 31st March, 2022 and a sole arbitrator was
2. The only issue to be adjudicated in the suit was whether the plaintiff
is entitled to refund of c... | The Delhi High Court has observed that a plaintiff cannot be entitled for refund of court fees in the event of an application under sec. 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration.
Justice Amit Bansal reiterated that a litigant is not entitled to refund of cou... |
4. It is the case of the petitioner that the marriage of the
petitioner was solemnized in the year 2011 and out of the
said wedlock, the minor corpus was born in the year 2013.
Due to some matrimonial dispute, his wife left her
matrimonial home and went to her parental home from
2015. Attempt... | A division bench of the Gujarat High Court comprising Justices Vipul M. Pancholi and Rajendra M. Sareen has held that custody of a minor with his maternal grandparents could not be considered illegal custody or illegal confinement, given that the husband/ the father of the minor had remarried during subsistence of his ... |
The applicant is accused in an offence bearing FIR No.I-240
of 2015 registered with Vashi Police Station under Section 376 of Indian
Penal Code and under Section 4 of the Protection of Children from Sexual
Offences Act (POSCO Act). The offence was registered on the complaint
of Mr. Amardas P. Bhalla, the father of the ... | The Bombay High court recently quashed an FIR under Protection of Children from Sexual Offences Act (POCSO Act) for penetrative sexual assault, as the victim girl (now a major) says that she and the accused were allegedly in love and are now to be married. Justices Prasanna B. Varale and SM Modak stated, "we are inclin... |
1. Rule. Rule made returnable forthwith. By consent
of parties, taken up for hearing immediately.
2. This, petition under Article 227 of the
Constitution of India, assails the order dated 20 th November,
2021 by which the Special Judge stayed the operation of his
own order of grant of bail... | In a significant order, the Bombay High Court has held that a sessions court cannot stay its own order granting bail to an accused under the criminal procedure code."In so far as the power of the learned Sessions Judge to stay his own order of grant of bail is concerned, in my view, the Code of Criminal Procedure does ... |
This Crl.A has been filed against the order in O.P.
(Adoption). No. 75/2016 dated 15.03.2016 of District Court,
Kollam. According to the learned counsel for the appellant,
respondents 2 and 3 are husband and wife. The 2nd respondent is
the brother of the 2nd appellant and 3rd respondent is the wife of
the 2nd responden... | The Kerala High Court has recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption.After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. Anitha observed:"In th... |
This petition has been filed seeking a direction to the second
respondent to produce the body of the petitioner's father Athikesavan, aged
about 74 years, before this Court and set him at liberty.
2. For the sake of convenience, the characters in this case will be
referred to by their names.
3. One Athikesavan, aged ar... | The Madras High Court on Monday directed the Tamil Nadu government to pay Rs one lakh compensation to the family of a 74-year-old man who has not been found since being taken to a government hospital in June 2020 for COVID-19 treatment.
The division bench of Justice PN Prakash and Justice Anand Venkatesh directed the p... |
1. The petitioner challenges the order dated 30 th November,
2007 passed by respondent No.2, whereby respondent No.2
confirmed the order dated 3rd September, 2016 passed by
respondent No.1 rejecting the application made by the petitioner
for issuance of caste certificate of her caste to her son.
2. The petition... | Observing that an adopted child becomes a family member of his adoptive parents "in all respects," the Bombay High Court directed authorities to issue a caste certificate to an 18-year-old based on his mother's scheduled caste identity. The Bench of Justices Sunil Shukre and GA Sanap thus held that an adopted child wou... |
The petitioner, who was arrested and remanded to judicial
custody on 23.08.2022 for the offences punishable under Sections 308, 337
of IPC r/w 184, 185 of Motor Vehicles Act, in Crime No.350 of 2022 on the
file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner in inebriated
con... | The Madras High Court recently set a unique condition for bail for a man accused of drunken driving. While granting bail, the bench of Justice AD Jagadish Chandira, directed the petitioner Deepan to distribute pamphlets against "Drunken Driving" everyday in the morning and evening for a period of two weeks. The petitio... |
1. By this petition, petitioner challenges the order dated 9 th July, 2021
passed by the learned CMM, Patiala House Courts whereby the bail granted
to the petitioner vide order dated 23rd December, 2019 was cancelled by the
learned CMM. Though in the prayer clause the petitioner has also sought
quashing of the proc... | The Delhi High Court bench of Justice Mukta Gupta has ruled that the bail amount can be paid by cash ledger and debit ledger of the Input Tax Credit (ITC).
It has been alleged by the department that the petitioner is one of the directors/key persons in M/s Brilliant Metals Pvt. Ltd., M/s Progressive Alloys India Pvt. ... |
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