News Updates
PIO Can't Be Compelled To Furnish Information If RTI Application Doesn't Contain Particulars Of Information Sought: Karnataka High Court
The Karnataka High Court has issued guidelines to be followed by the Karnataka State Information Commission while deciding on applications made before it under the Right to Information Act.A single judge bench of Jyoti Mulimani said “Given the increase of applications, it’s high time the Commission addresses the issue properly and in a right perspective.”It issued the...
Kerala High Court Dismisses PIL Claiming Compensation For Transgender Persons Arrested For Waving Black Flag At CM Pinarayi Vijayan
The Kerala High Court recently dismissed a Public Interest Litigation that was filed for compensation for two transgender persons who were booked for obstructing the motorcade of Chief Minister Pinarayi Vijayan by waving black flags as a mark of protest, while he was attending an event in Ernakulam.The PIL filed sought for an inquiry into the “professional misconduct of the officers”...
Delhi Court Sends Manish Sisodia To CBI Custody Till March 4, Says Interrogate Him At A Place With CCTV Coverage
A Delhi Court on Monday remanded Deputy Chief Minister Manish Sisodia, who was arrested yesterday by Central Bureau of Investigation (CBI) in an alleged case of corruption relating to now-scrapped excise policy, to CBI's custody till March 4.Special CBI Judge MK Nagpal acceded to CBI's request for five days custody to question Sisodia.Delhi Deputy Chief Minister Manish Sisodia to be...
Punishment Solely Based On Documentary Evidence Not Proved By Examining Witnesses: Rajasthan High Court Upholds Cook's Reinstatement
The Rajasthan High Court at Jaipur recently upheld the order of the Central Administrative Tribuna, Jaipur (CAT) which set aside the termination of a cook of Jawahar Navodaya Vidyalaya (JNV) for allegedly producing fake experience certificate on the ground that he was not afforded any opportunity to rebut the evidence produced to prove the certificates to be fake.The division bench of...
Jammu & Kashmir High Court Notifies Rules For Live Streaming And Recording Of Court Proceedings
The Jammu and Kashmir and Ladakh High Court on Monday notified the "Live Streaming and Recording of Court Proceedings Rules of the High Court of Jammu & Kashmir and Ladakh, 2023".The Rules will set up infrastructure and the framework to enable live streaming and recording of proceedings so as to imbue greater transparency, inclusivity, and foster access to justice.Prescribing the...
Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court
The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent.A single judge bench of Justice Jyoti Mulimani observed,“The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State Government. The Act does not empower...
Sandeep Kudale's Criticism Of Minister Chandrakant Patil’s Alleged Derogatory Statements On Ambedkar Not Offence U/S 153A IPC: Bombay High Court
The Bombay High Court while quashing two FIRs against a Congress party-worker has observed that expressing an opinion, dissent and condemning what was stated by a Minister can “by no stretch of imagination be said to be an act intended to cause disorder or to incite people to violence.” The court said that this was sine qua non to constitute an offence under Section 153A of the IPC.A...
NCLAT Delhi Sets Aside Rs. 25000 Cost Imposed On Resolution Professional By AA
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Sanjai Kumar Gupta v Gouri Prasad Goenka, has set aside an order whereby the Adjudicating Authority had imposed a cost of Rs. 25,000/- on Resolution Professional for allegedly filing...
Take A Decision On Granting Sanction To Attach DMRC's Assets For Payment Of Unpaid Dues To Reliance Infra: Delhi High Court Directs Centre
Delhi High Court on Monday directed the union government to take a decision whether it proposes to accord sanction under Section 89 of Delhi Metro Railway (Operation And Maintenance) Act, 2002, for attachment of the movable and immovable assets of DMRC for satisfaction of the amounts payable under a 2017 arbitral award to Reliance Infrastructure-promoted Delhi Airport Metro Express Private...
Trial Court Not Bound To Conduct Enquiry U/S 329 CrPC Merely On Counsel's Submission That Accused Is Of Unsound Mind: Kerala High Court
The Kerala High Court recently held that a trial court is not bound to conduct a detailed enquiry into whether an accused is of unsound mind simply based on a submission made by the counsel for the accused.A single bench of Justice K Babu observed,“If there is something in the demeanour of the accused or in the facts of the case, which raise doubt in the mind of the Court that the accused is...
Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision
The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle (LMV) is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan (supra) a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not...
Weekly Digest Of IBC Cases: 20 February To 26 February 2023
NCLAT Principal Amount Paid In Full, Section 9 Application Not Maintainable For Recovery Of Interest: NCLAT Delhi Case Title: Rohit Motawat v Madhu Sharma Case No.: Comp. App. (AT) (Ins) No. 1152 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha...