"Judge Is An Easy Target": Allahabad High Court Dismisses Transfer Plea Alleging Judicial Bias, Imposes ₹10K Costs

"...the citizens from all walks of life have developed an outlook, where they think that a Judge is an easy target and that they can malign the Judges' reputation, alleging anything against them, particularly, the Presiding Officers in subordinate Courts," the Allahabad High Court recently remarked as it dismissed a transfer application and imposed Rs. 10K Costs on the petitioner.Dismissing...

Murder Convict Can't Be Sentenced To Punishment Less Than Life Imprisonment: Allahabad High Court

There cannot be any sentence/punishment less than imprisonment for life if an accused is convicted of murder offence under Section 302 of the Indian Penal Code, the Allahabad High Court observed in a judgment delivered recently.The Court observed thus while relying upon the ruling of the Apex Court in the case of State of Madhya Pradesh vs Nandu @ Nandua 2022 LiveLaw (SC) 732, wherein it...

Allahabad High Court Grants Bail To Man Accused Of Killing Wife As She Couldn't Prepare Food For Him

The Allahabad High Court recently granted to a man who has been accused of killing his wife as she could not prepare food due to the non-availability of vegetables. Taking into account the dying declaration of the deceased, the bench of Justice Shekhar Kumar Yadav noted that there was no premeditation for the applicant--husband to commit the offence as alleged against him."Perusal...

Delhi High Court Weekly Round-Up: November 28 To December 4, 2022

Citations [2022 LiveLaw (Del) 1125 TO 2022 LiveLaw (Del) 1144]NOMINAL INDEXRavinder Kumar Aggarwal versus Income Tax Officer 2022 LiveLaw (Del) 1125 PARLE PRODUCTS PRIVATE LIMITED vs BRITANNIA INDUSTRIES LTD 2022 LiveLaw (Del) 1126 RK vs State 2022 LiveLaw (Del) 1127 DELHI WAQF BOARD THROUGH ITS CHAIRMAN vs GOVERNMENT OF NCT OF DELHI AND ANR. 2022 LiveLaw (Del) 1128 MINISTRY OF...

Murder Charge Ought To Have Been Principal Charge, Trial Court Committed Grave Error: Bombay HC While Acquitting Husband In Dowry Death Case

The Bombay High Court recently observed that parents not taking any action on their daughter's complaint about the dowry demand and harassment by her in-laws is not a conduct of a prudent person, while setting aside a man's dowry death conviction. "If the demand of dowry and ill-treatment on that count was narrated by the deceased, then PW1 (father) without wasting time could have...

Fresh Notice Under Section 21 Not Required To Be Issued For Appointment Of Substitute Arbitrator: Jharkhand High Court

The Jharkhand High Court has ruled that a party is not required to make a fresh request for appointment of substitute arbitrator by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act), if notice under Section 21 was issued for appointment of the arbitrator sought to be substituted. The bench of Justice Sujit Narayan Prasad held that once...

Telegram Reveals Identity Details Of Users In Second Copyright Infringement Case, Delhi High Court Says Its Disclosure To Police Permissible

Nearly a week after it disclosed before Delhi High Court the admin names, phone numbers and IP Addresses of users accused of sharing copyrighted study material in a suit filed by a teacher, Telegram has again shared in sealed cover the identity details of more users who have been accused by India Today Group of infringing its trademarks and copyrights.In the order dated November 29, Justice...

Requirement Of Notice Of Arbitration Is Not A Mere Technicality: Delhi High Court

The High Court of Delhi has held that a notice of arbitration is sine qua non for commencing an arbitral proceeding and invalidity of invocation goes to the very root of the matter and hits the jurisdiction of the Court to entertain applications arising out of the arbitration proceedings. The bench of Justice Prateek Jalan held that requirement of a notice of arbitration is not a...

Levana Suites Fire | Allahabad High Court Grants Bail To Owners, Manager Of Hotel

The Allahabad High Court on Monday granted bail to a manager and two owners/partners of the Hotel Levana Suites (in Lucknow), where a major fire incident took place on September 5 resulting in the killing of 4 people and leaving 7 others injured.The bench of Justice Dinesh Kumar Singh granted bail to owners Rahul Agrawal and Rohit Agrawal and manager Sagar Srivastava by observing thus:"There...

Unfortunate That Even After 75 Years Of Independence, Court Requires Litigants To Disclose Caste For Filing Petition: PIL In Calcutta High Court

A public interest litigation writ petition (PIL) has been moved before the Calcutta High Court against 'Item No. 6' of 'Form A Presentation Form' appended to every petition which is filed before the Appellate Side of the High Court, requiring litigants to mandatorily having to disclose their caste for filing any petition before the Court. The petitioner, Vijay Kumar Singhal,...

'I'll Confess We Failed … As Judges We Were Completely Hamstrung': Justice Anup Jairam Bhambhani Flags Inadequacies Of Juvenile Justice System

Delhi High Court judge Justice Anup Jairam Bhambhani on Saturday spoke extensively on the state of existing juvenile justice system in the country and its failings. He stressed on the need for early intervention against juvenile delinquency, and involvement of family in the rehabilitation of such children.Justice Bhambhani was speaking at an event organized by Delhi Commission for Protection...

'To Say That Sabarimala Melshanthi Can Only Be A Malayala Brahmin Is Practice Of Untouchability' : Mohan Gopal Argues Before Kerala High Court

The Kerala High Court on Saturday, in a special sitting, heard a batch of petitions challenging the Travancore Dewaswom Board notification inviting applications only from Malayala Bhramins for appointment as Melshanthi(chief priest) of Sabarimala-Malikappuram temples. A Division Bench consisting of Justice Anil K. Narendran and Justice Ajith Kumar heard the petitions which challenge...