News Updates
Allahabad High Court Weekly Round Up: September 5 To September 11, 2022
Nominal Index Smt. Neelam Sharma And Another v. State Of U.P. And 5 Others 2022 LiveLaw (AB) 416 Sohel Ahmad Siddiqui v. Noorul Huda English Medium School 2022 LiveLaw (AB) 417 Mahavir Polyplast Pvt. Ltd. Versus State Of U.P. And 2 Others 2022 LiveLaw (AB) 418 Waseem v. State of U.P. and Another alonhg with connected matters 2022 LiveLaw (AB) 419 State of U.P. v. Sarvan...
S.278 CrPC | Witness Can't Be Allowed To Seek Correction In Evidence After He Signs Deposition Sheet: Orissa High Court
The Orissa High Court has held that a witness cannot be allowed to seek modification or correction in his deposition statements, which are recorded through his examination-in-chief and cross-examination, after the evidence/ statements were read over to him and subsequently, he puts his signature on deposition sheets. While disallowing a revision petition against denial of such relief, a...
Competition Act | Order Of Inquiry U/S 26 Does Not Affect Parties' Rights, Opportunity Of Hearing Not Mandatory: Gujarat High Court
The Gujarat High Court has held that an order of inquiry under Section 26 of the Competition Act is only a prima facie opinion and does not affect the rights of any person. Thus, it held that such an order cannot be reviewed by the High Court unless and until it is shown that it is contrary to the provisions of the Act or the order has included irrelevant material or not included...
Proceedings U/S 240 CrPC Culminate In An Order "Framing Charge" Only After Plea Of Accused Is Taken: Kerala High Court
The Kerala High Court recently held that proceedings under Section 240 of the Criminal Procedure Code (CrPC) culminate in an order framing charge only after the plea of the accused is taken as per sub-section (2) of Section 240 of the Code. While holding so, Justice K. Babu went on to observe that, "If Section 240 Cr.PC is interpreted in such a manner that even before taking the plea of...
NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC
The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless there is any glaring...
Plaint Avers Hindu Deities Were Worshipped Inside Gyanvapi Mosque Complex Even After Aug 15, 1947; Places Of Worship Act No Bar To Suit: Varanasi Court
The Varanasi Court today dismissed the Anjuman Islamia Masjid committee's plea (filed under Order 7 Rule 11 CPC) challenging the maintainability of the suit filed by five Hindu women (plaintiffs) seeking worshipping rights in the Gyanvapi Mosque compound.District Judge Ajay Krishna Vishwesha observed that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions)...
Justice Surya Kant Inaugurates Gauhati High Court Museum
In an initiative to preserve and exhibit historical judicial documents and artefacts, the Gauhati High Court's Museum was inaugurated on Saturday on the occasion of Diamond Jubilee Celebration of Bar Council of Assam, Arunachal, Nagaland and Mizoram. The event witnessed the attendance of Justice Surya Kant, Justice Hrishikesh Roy and Justice Sudhanshu Dhulia, Judges, Supreme Court of India...
"Sorry State Of Affairs": High Court Expresses Displeasure Over Delhi Govt's Failure To Provide Assistance To Two Children Under PwD Act
The Delhi High Court has expressed displeasure over failure of the Delhi Government in providing support and assistance to two children under the Rights of Persons with Disabilities Act, 2016, despite the lapse of more than two and half years.Justice Gaurang Kanth noted that even after two and a half years of giving assurance to the Court, the Delhi Government miserably failed to carry out...
Substitution Of Arbitrator Based On Allegation Of Collusion Can't Be Done Under Section 11 of A& C Act: Telangana High Court
The Telangana High Court has ruled that in an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), the Court cannot, on the ground of collusion, refuse to appoint the arbitrator as specified in the arbitration clause and appoint a substitute arbitrator. The Single Bench of Justice K. Lakshman held that the allegations regarding any...
Parties Can Deviate From Terms Of Jurisdiction Under The Arbitration Clause Only Once: Madras High Court
The Madras High Court has ruled that the parties have got the liberty to deviate from the terms with respect to the jurisdiction, as contained in the Arbitration Clause; however, the number of such deviations is limited to only one. The Single Bench of Justice R.N. Manjula held that waiver of the jurisdiction clause contained in the arbitration agreement can be presumed from the...
IBC Cases Weekly Round-Up: 5 September To 11 September, 2022
Supreme Court CIRP Can Be Initiated Against Corporate Guarantor Without Proceeding Against Principal Borrower: Supreme Court Case Title: K Paramasivam vs Karur Vysya Bank Ltd Case No.: 2022 LiveLaw (SC) 742, CA 9286 OF 2019 The Supreme Court Bench comprising of Justice Indira Banerjee and Justice JK Maheshwari, has held that Corporate Insolvency Resolution Process (CIRP) can...
"Nation Is Still Bleeding": Delhi HC Asks Disciplinary Authority To Pass Punishment Order Against Cop Charged With Misconduct During 1984 Anti Sikh Riots
Observing that charges against a policeman posted as SHO at Kingsway Camp police station, charged with misconduct during the 1984 anti Sikh riots, were serious in nature, the Delhi High Court on Monday said that the competent disciplinary authority shall be free to pass an order of punishment against the cop Durga Prasad. Durga Prasad, now retired, was charged for not making any...