News Updates
Bombay HC Refuses To Grant Stay On Cutting Of Trees For Mumbai Metro [Read Order]
A vacation bench of the Bombay High Court has refused to stay the cutting of trees that is being carried out for Phase III of Mumbai Metro as residents approached court.A bench of Justice PD Naik and Justice MS Karnik refused to allow a notice of motion in a writ petition filed by one Nina Deepak Verma, a city resident who had contended in her petition that Mumbai Metro Rail Corporation...
Remedy Of Winding-Up Petition Can’t Be Relied Upon For Bona Fide Payment Disputes: Karnataka HC [Read Judgment]
The Karnataka High Court, in the case of M/s Uttam Industrial Engineering Ltd vs M/s Shree Basaveshwar Sugars Ltd, has held that a winding-up petition has serious ramifications on the financial standing of a company and cannot be used in cases where there is a bona fide dispute regarding the amount owed by one party to the other and in such cases the company court should relegate the...
Delhi HC Dismisses Challenge To Designation Of Senior Advocates
The High Court of Delhi recently rejected a challenge to designation of lawyers as Senior Advocates of the High Court, observing that the Petition, filed through Advocate Mathews Nedumpara, was “completely bereft on any factual basis for the prayers made”. The Bench, comprising Acting Chief Justice Gita Mittal and Justice Anu Malhotra, noted that the Petitioner was aware of pendency of...
Trump Issued Immigration Ban In Bad Faith: Appeals Court Upholds Stay
The Virginia-based 4th Circuit Court of Appeals on Thursday upheld a lower Court ruling against President Donald Trump’s revised executive order banning entry to the US from six majority-Muslim countries. Attorney General Jeff Sessions has, however, vowed to appeal to the Supreme Court.“Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for...
Income Of Husband Not Sole Criterion To Determine Maintenance Pendente Lite: Delhi HC [Read Judgment]
The Delhi High Court, in the case of Deepak Malhotra vs Deepti Malhotra and Ors, has held that the proportion of the husband’s income to be awarded as maintenance pendente lite to the wife is dependent on the surrounding circumstances and cannot be determined by a strict mathematical formula.In this case, the family court had directed the husband to pay Rs. 22,000 every month to his wife as...
Award Of Interest Obligatory Under S.34 Of Land Acquisition Act Can Be Claimed At Any Stage: Bombay HC [Read Judgment]
The Bombay High Court has held that claimants of compensation under the Land Acquisition Act can claim award of interest at any stage as the payment of the same is obligatory under Section 34.Justice Shalini Phanslakar Joshi dismissed an appeal filed by the State of Maharashtra against an order by the reference court of joint district judge, Nashik, correcting its award dated September 11,...
Over 60 MPs Make Fresh Plea To Impeach Justice Nagarjuna Reddy
A fresh motion seeking impeachment of Justice Nagarjuna Reddy of the High Court of Andhra Pradesh and Telangana has been moved by 60 members of the Rajya Sabha cutting across party lines.This is the second attempt made by the members of the Upper House to remove the Judge, after the first attempt had failed in December last year, upon withdrawal by 19 signatories.According to the...
First In Asia: Taiwan Constitutional Court Legalizes Same-Sex Marriages, Amendments To Be Made Within 2 Years
Taiwan’s Constitutional Court on Wednesday paved way for the island to become the first place in Asia to legalize same-sex marriage, after it struck down the Civil Code’s definition of marriage as being only between a man and a woman.The Court has now directed the authorities concerned to amend or enact relevant laws in accordance with the ruling, within two years. If the legislature...
Cabinet Approves Abolition Of Foreign Investment Promotion Board (FIPB)
Union Cabinet headed by Prime Minister Narendra Modi has given its approval to abolish Foreign Investment Promotion Board (FIPB).The proposal entails abolishing the FIPB and allowing administrative Ministries/Departments to process applications for FDI requiring government approval.Presently, applications are considered by FIPB in Department of Economic Affairs (DEA), Ministry of...
Person Being Prosecuted To Be Provided With All Relevant Documents: Delhi HC [Read Judgment]
The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him.In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized.They were...
MP HC Acquits Man 10 Years After His Death [Read Order]
In an important order, a single bench of Madhya Pradesh High Court has acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.Imart Singh had filed a criminal revision in the high court challenging his conviction under these sections of IPC.He died on 25.6.2006, while his criminal revision was pending in the high court.Later, the legal...
CBSE’s Move To Scrap Grace Marks ‘Unfair And Irresponsible’: Delhi HC [Read Judgment]
The High Court of Delhi on Tuesday termed the decision of the Central Board of Secondary Education (CBSE) to scrap its ‘moderation policy’ as “unfair and irresponsible”.The Bench comprising Acting Chief Justice Gita Mittal and Justice Pratibha M. Singh therefore observed that the Petitioners had made out a prima facie case for grant of interim relief, as far as the examinations in...