News Updates
Bitters Sale On Amazon: Karnataka High Court Quashes Excise Proceedings Against Company Directors
The Karnataka High Court has reiterated that criminal proceedings cannot be initiated against an intermediary for the products that are sold through its online platform. A single judge bench of Justice M Nagaprasanna has allowed the petition filed by Kandula Raghava Rao and Noorulamin Mohd. Saheb Patel, both directors of Amazon Seller Service Private Limited, and quashed...
Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court
The Bombay High Court has recently held that the trial court has "full power" under Order I Rule 10(2) of the Civil Procedure Code to add a party as defendant if necessary to decide a suit, even if the plaintiff does not choose to implead said party. "The theory of dominus litis cannot be overstretched in the matter of impleading of parties, which results in ineffective decrees...
Kerala High Court Weekly Round-Up: October 10 To October 16, 2022
Nominal Index [Citation 2022 LiveLaw(Ker) 516-524] Muhammad Afreethi v. Mahatma Gandhi University & Anr. 2022 LiveLaw (Ker) 516 State of Kerala & Anr. v. Veluswamy & Ors. 2022 LiveLaw (Ker) 517Selvara A. & Ors. v. State of Kerala & Ors. and Walayar Milk Producers Cooperative Society Ltd. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 518The Kerala State Insurance...
Hazardous To Force Parties To Litigate Despite Compromise In Domestic Violence Cases U/S 498A IPC: Bombay High Court
Underscoring the importance of quashing domestic violence cases once parties arrive at a settlement, even though they are categorized as non-compoundable offence, the Bombay High Court observed it would be "hazardous" to force a couple to litigate when they want to live happily. "The interest of justice is to foster and cement the bondage of togetherness of the nucleus of the society,...
Passenger Hit By Train While Crossing Railway Track In Absence Of Foot-Over Bridge Entitled To Compensation: Bombay High Court
The Bombay High Court recently held that a passenger who is forced to cross the railway tracks due to absence of a foot over bridge and gets hit by a train cannot be called negligent and his dependents would be entitled to compensation under the Railways Act, 1989. "A person who comes from a village looking for a job, boards a passenger train holding a valid journey ticket, alights...
J&K&L High Court Weekly Roundup: October 10 To October 16, 2022
Nominal Index : Murtaza Rashid Vs UT of J&K 2022 LiveLaw (JKL) 177 Showkat Ahmad Rather Vs Govt of J&K 2022 LiveLaw (JKL) 178 Abdul Majeed Bhat Vs UT of J&K 2022 LiveLaw (179) Shameema Akhter Vs Abdul Jabbar Lone 2022 LiveLaw (JKL) 180 Sajad Tariq and Ors Vs Com Secy Youth Service and Sports 2022 LiveLaw (JKL) 181 Nazir Ahmad Ganai Vs State of J&K...
Jharkhand High Court Refuses To Stay Criminal Proceedings Against 3 Suspended Congress MLAs In Cash Seizure Case
The Jharkhand High Court last week refused to stay proceedings against three suspended Congress legislators from Jharkhand (Irfan Ansari, Rajesh Kachchap, and Naman Bixal Kongari) who were arrested by the West Bengal Police in July 2022 after allegedly around ₹49 lakh in cash was seized from their vehicle.The bench of Justice Sanjay Kumar Dwivedi has allowed the Kolkata Police to...
Bombay High Court Weekly Round-Up: October 10 To October 16, 2022
Nominal Index [Citations 378 – 389] 1. Jyotsna D'souza v. State of Maharashtra 2022 LiveLaw (Bom) 378 2. NRC Limited v. State of Maharashtra and Anr. 2022 LiveLaw (Bom) 379 3. Sandip Sarjerao Sule and Ors. v. State of Maharashtra and Anr. 2022 LiveLaw (Bom) 380 4. Sagar Vilas Tote v. State of Maharashtra 2022 LiveLaw (Bom) 381 5. Imran...
Madras High Court Weekly Round-Up: October 10 to October 16 2022
A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 425 To 2022 LiveLaw (Mad) 433 NOMINAL INDEX Mr N Nagarajan v. Mr. Schekar Raj, 2022 LiveLaw (Mad) 425 T.Keeniston Fernando v. State, 2022 LiveLaw (Mad) 426 Azizul Karim v. PS Kirubakaran and others, 2022 LiveLaw (Mad) 427 Murali v. The...
Armed Forces Tribunal Exercising Similar Jurisdiction As High Court, No Appeal 'Can/Should' Lie Before HCs: Delhi High Court
Months after a division bench of Delhi High Court said the jurisdiction of High Courts under Articles 226 and 227 of the Constitution cannot be bypassed merely by making a provision for direct appeal to the Supreme Court, a co-ordinate bench has said that ordinarily, no appeal from a final decision or order of the Armed Forces Tribunal can lie before the High Court.The division bench of...
POCSO Convict Serving Life Sentence Granted 15-Day Parole By Rajasthan High Court For The Purpose Of Progeny
The Rajasthan High Court on Friday granted 15-day parole to a life convict on a petition filed by his wife, who is issueless and is desirous of retaining/maintaining her marriage with the convict and preserving her lineage.The bench of Justice Sandeep Mehta and Justice Sameer Jain took into account the young age of the convict-petitioner and ordered to release him on parole on his furnishing...
'Lack Of Good Governance': NGT Slaps ₹35 Cr Penalty On J&K Admin For Doodh Ganga Pollution
The Principal Bench of National Green Tribunal has imposed a penalty of Rs 35 Crore on the Jammu & Kashmir administration for failing to prevent the discharge of untreated sewage into the Doodh Ganga, which is a major tributary of river Jhelum, and Mamath Kull (stream) in Kashmir valley's Srinagar and Budgam districts. "It is seen that there are serious lapses on the part of...