Google Map Prima Facie Shows Green Cover Depletion: Uttarakhand HC Stays All Development Activities In Nainital's Jilling Estate

Uttarakhand High Court has stayed till December 15, all development/ construction activities in Jilling Estate, a small village situated amidst untouched forests of Kumaon Himalayas.The direction was passed by a division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe after perusing Google Map imagery which prima facie depicts green cover depletion, particularly in 8.5 hectares...

Madras High Court Weekly Round-Up: November 21 to November 27, 2022

Citations: 2022 LiveLaw (Mad) 471 To 2022 LiveLaw (Mad) 479 NOMINAL INDEX M.R.Sivaramakrishnan v State and another, 2022 LiveLaw (Mad) 471 R Prema Latha and others v State and others, 2022 Livelaw (Mad) 472 Dr. K Sri Hari Prashanth and another v The Government of India and others, 2022 LiveLaw (Mad) 473 M Muthu v Union of India and others, 2022 LiveLaw (Mad)...

Ad Wars: Delhi High Court Sends Parle, Britannia To Mediation, Restrains Re-Publishing Of Print Adverts Against Parle-G

The Delhi High Court has referred Parle Products Private Limited and Britannia Industries to its Mediation and Conciliation Centre for resolution of the dispute over alleged disparaging advertisements of Britannia Milk Bikis against Parle-G biscuits.Justice Prathiba M. Singh directed that while the settlement is explored between the parties, the two print advertisements of Britannia shall not...

[S.354 IPC] Women Can Also Be Held Guilty Of Outraging Woman's Modesty – Mumbai Court

A Metropolitan Magistrates Court in Mumbai has held Section 354 of the IPC as being gender neutral qua the offender, and thus convicted and sentenced a mother of three to one-year rigorous imprisonment for outraging another woman's modesty. "Section 354 of the IPC, therefore, operates equality upon all persons whether males or females and it cannot be maintained that woman are...

IBC Cases Weekly Round-Up: 21 November To 27 November 2022

NCLAT Tribunal Not To Enter Into Evidence And Record Findings Like A Civil Court: NCLAT Delhi Case Title: Avneet Goyal v Radha Kishan Gobind Ram Ltd. Case No.: Company Appeal (AT) (Insolvency) No.1388 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and...

Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022

NOMINAL INDEX Irfan Ahmad v. State of U.P. and Another 2022 LiveLaw (AB) 497 X (Juvenile) v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 498 Awadh Bihari Verma v. State Of U.P.And 3 Others 2022 LiveLaw (AB) 499 Gazala Begum v. Mohd. Musarraf and others 2022 LiveLaw (AB) 500 Yatendra Kumar v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Public Works Deptt. Lko. And...

Madhya Pradesh High Court Affirms Family Court's Order Granting Motherless Minor's Custody To Father Over Maternal Grandparents

The Madhya Pradesh High Court recently affirmed an order of the family court granting the custody of a motherless minor child to his father over his maternal grandparents. With this, the HC dismissed an appeal preferred by the maternal grandparents against the family court's order.Testing the case on the anvil of the welfare of the minor and the comparative resources of the parties, the bench...

Arbitration Clause In An Agreement Can't Be Invoked For Another Agreement, Operating Independently: Bombay High Court

The Bombay High Court has ruled that mere reference to an Agreement containing an arbitration clause, in a subsequent Agreement, will not bring about a consequence envisaged under Section 7(5) of the Arbitration & Conciliation Act, 1996 (A&C Act), to the effect that the arbitration agreement would be incorporated into the subsequent Agreement. The Court added that...

Section 27 Of Evidence Act Is Attracted Even If Accused Isn't Arrested But Only Interrogated By Police: Allahabad High Court

The Allahabad High Court recently opined that even if the accused has not been arrested, if a dead body is discovered pursuant to the information elicited from the accused during police interrogation, the same would be admissible under Section 27 of the Evidence Act.The bench of Justice Arvind Kumar Mishra-I and Justice Mayank Kumar Jain observed thus while relying upon the Allahabad High...

Notice Under Section 148 Of Income Tax Act Against A Struck-Off Company Valid, In View Of Subsequent Order Of NCLT Restoring The Company: Delhi High Court

The Delhi High Court has ruled that the order passed by NCLT under Section 252(3) of the Companies Act, 2013, directing restoration of a struck off company, will have the effect of placing the company in the same position as if the name of the company had not been struck off from the register of companies. Thus, the Court held that the notice under Section 148 of the Income Tax Act,...

Tax Cases Weekly Round-Up: 20 November to 26 November 2022

Supreme CourtSupreme Court Declines To Grant Relief In Department's SLP Against Judgement On Countervailing Duty Case Title: Union of India versus Real Strips Ltd. The Supreme Court adjourned without issuing notice, the department's appeal against the Gujarat High Court's judgement in the case of countervailing duty (CVD). The bench of Justice Sanjeev Khanna, and Justice J...

Arbitration Cases Weekly Round-Up: 20 November To 26 November, 2022

Delhi High Court: Rights Under An Agreement Are Superseded By A Subsequent One? Arbitrator To Decide: Delhi High Court Case Title: PVR Limited versus Imperia Wishfield Private Limited The Delhi High Court has ruled that the arbitration clause relates to the resolution of disputes between the parties and not the performance of the contract and thus, the...