News Updates
'When The Foundation Of A Crime Is Gone, Why Should The Crime Stay': Arvind Datar In A PIL Seeking Decriminalization Of Cannabis
Delhi High Court has refused to issue notice to the Central Government in a PIL seeking decriminalization of cannabis. Senior Advocate Aravind Datar, who argued on behalf of Petitioners, submitted that cannabis was legal in India until 1985. It was only when the United States of America had banned the substance, that the Indian government followed suit and went ahead to ban cannabis....
Raping Mentally Disabled Woman : Delhi HC Upholds Conviction [Read Judgment]
In the present case, the two accused persons were convicted under sections 324, 366 and 376(1) and 376 D of the Indian Penal Code for raping a mentally ill woman. They were also sentenced to rigorous imprisonment for twenty years with a total fine of Rs 26000 which had to be paid as a compensation to the prosecutrix (the victim). As they filed an appeal against the conviction, the...
NCLT Cautions RPs To Look Out For Excess Claims Made By Financial Creditors Against Corporate Debtor
The NCLT Principal Bench at New Delhi, while admitting an insolvency plea, has cautioned RP's to carefully settle the claims made by financial creditors, banks and financial institutions, in excess of what's actually owed to them by the Corporate Debtor. The petitioner (Operational Creditor) in the matter [S.A. Consultants and Forwarders Private Ltd. vs. Cargo Planners...
Lawyer Takes Client To Court For Dishonour Of Cheque; Client Challenges Process Issued; Bombay HC Refuses To Interfere [Read Judgment]
The Bombay High Court on Wednesday refused to interfere in proceedings filed under Section 138 of the Negotiable Instruments Act by Advocate Amar Mishra against his former clients Alka and Khandu Avhad.Justice SS Shinde heard the criminal writ petition filed by Alka Avhad challenging process issued by Metropolitan Magistrate, Borivali against her and her husband in an order dated February...
Juvenility Claim After President's Mercy: Uttarakhand HC Dismisses Triple Murder Convict's Plea [Read Judgment]
The Uttarakhand High Court dismissed a 'Juvenility' plea of a triple murder convict whose death sentence affirmed by the Apex Court was later modified to life imprisonment by the President of India.Om Prakash @ Nazrul @ Raju Dass @ Raju Chaudhary @ Saiful Islam was sentenced to death after he was found guilty of triple murder. The death penalty was affirmed by the Supreme Court, finally on...
'He Left An Indelible Impression On The Nation, GST And IBC Major Achievements': BCI,SCBA Condole Death Of Arun Jaitely
Supreme Court Bar Association and Bar Council of India issued a statement mourning the death of the senior member of the Bar and the former Law Minister, Mr Arun Jaitley. BCI's press release states the many facets of his excellence - his oratory skills, excellent intellect and articulate nature. It also mentioned many achievements of his illustrious career, his stint as an Additional...
A Financial Creditor Cannot Challenge The Insolvency Proceedings Initiated By Another Financial Creditor On The Ground Of Superior Claim: NCLAT
The NCLAT while dismissing an appeal filed by L&T Infrastructure Finance Company Ltd. held that a Financial Creditor cannot challenge the order of admission of Insolvency petition by another financial creditor merely on the ground that it has a superior claim over the claim of the other Financial Creditors. In this case, an Agreement was executed between...
Corruption Is A Disease; Bombay HC Directs Registration Of FIR Against Ajit Pawar And Other Politicians In Co-operative Bank Scam [Read Judgment]
The Bombay High Court on Thursday directed the Economic Offences Wing to register a FIR against former Deputy Chief Minister of Maharashtra Ajit Pawar and other state politicians for their alleged involvement in the State Co-operative bank scam within 5 days. Division bench of Justice SC Dharmadhikari and Justice SK Shinde were hearing a PIL filed by one Surinder Mohan Arora alleging...
Copy Of Oath Taken By HC Judges Cannot Be Sought Under RTI, Says Chhattisgarh HC [Read Judgment]
Copy of oath taken and subscribed by High Court judges cannot be sought under RTI, the Chhattisgarh High Court has held.One Arun Kumar Gupta had made an application to the Public Information Officer of the High Court seeking copy of oath taken and subscribed by two High Court judges viz. Justice Prashant Kumar Mishra and Justice N.K. Agarwal. PIO and later the Appellate authority held that...
Meghalaya HC CJ Unveils Action Plan To Reduce Pendency Of Cases In Subordinate Courts
In a unique initiative by Chief Justice of the High Court of Meghalaya Justice Ajay Kumar Mittal, an action plan has been devised for reducing cases that have been pending in the subordinate courts of Meghalaya for five years or more. In Meghalaya, cases used to be tried by the Deputy Commissioner/ District Magistrates before separation of subordinate Judiciary from the executive, which...