News Updates
Telangana HC Exempts Andhra Pradesh CM YS Jagan Reddy From Personal Appearance In Corruption Case Before CBI Court
In a relief to Andhra Pradesh Chief Minister YS Jagan Mohan Reddy, the Telangana High Court has exempted him from personal appearance before the Court in a series of corruption cases filed against him by the CBI in the year 2013.However, he has been directed to appear before the Court on such dates of the hearing where the CBI court decides that his presence is required in accordance...
IBC Cases Weekly Round-Up: 22nd August To 29th August 2022
NCLAT Once Dissolution Application Is Filed After Liquidation, Adjudicating Authority Has No Discretion :NCLAT Delhi Case Title: Sudhir Kumar Goel & Ors. v M/s Shashi Oils and Fats Pvt. Ltd. & Ors. Case No.: Company Appeal (AT) (Ins) No. 676 of 2021 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Rakesh Kumar (Judicial...
Company In Liquidation Cannot Always Avoid Proceedings U/S 138 NI Act, Its Conduct Can Be Weighed In: Bombay High Court
Observing that a winding up order due to settlement terms is not on the same pedestal as winding up order passed on merits, the Bombay High Court dismissed applications for quashing of complaints under section 138 of the Negotiable Instruments Act, 1881 (NI Act) against a company in liquidation. "If the submission on behalf of the applicants is readily acceded to, then M/s. Rangara...
Infraction Of Law Not Done In Systematic Manner May Not Be Sufficient For Preventive Detention: Gujarat High Court
The Gujarat High Court has held that commission of infraction of law, not done in an organized or systematic manner, may not be sufficient for the detaining authority to justifiably come to the conclusion that there is no alternate but to preventively detain an accused.The Bench comprising Justices SH Vora and Rajendra Sareen held:"No doubt, neither the possibility of launching of...
[Murder] Unnatural That Complainant Did Nothing To Save Deceased From Accused, Appears To Be False Case Due To Enmity: Gujarat HC Upholds Acquittal
The Gujarat High Court has upheld an order acquitting four persons accused in a Murder case on the ground that there are several material contradictions in the versions presented by the main witnesses and the weapon recovered did not have blood stains to establish the commission of the offence.A bench of Justices SH Vora and Rajendra Sareen further noted that all witnesses were related to...
Mere Possession Of Tehbazari Right Does Not Entitle Occupant To Usurp Govt Land, Raise 'Pucca' Construction: Delhi High Court
The Delhi High Court has observed that mere possession of a Tehbazari right does not entitle the occupant to usurp the Government land or to raise 'pucca' construction over it.Justice Gaurang Kanth was dealing with a plea filed by one Ved Prakash Manchanda seeking directions on the authorities to regularise his long and continuous occupation in his favour in respect of premises of a property...
Kerala High Court Weekly Round-Up: August 22 - August 28, 2022
Nominal Index [Citation 2022 LiveLaw (Ker) 447-457]Sri Sivabalan Transports & Ors v. Hindustan Petroleum Corporation Ltd & Ors. 2022 LiveLaw (Ker) 447Mohammed Kasim H.K. v. Union Territory of Lakshadweep & Anr. 2022 LiveLaw (Ker) 448Sooraj V. Kumar v. State of Kerala 2022 LiveLaw(Ker) 449Vidya Gopan & Anr v. High Court of Kerala & Ors. 2022 LiveLaw (Ker) 450Anuvarudeen...
S.227 CrPC | Judge Cannot Act As Mouthpiece Of Prosecution While Deciding Discharge Application, Must Consider Broad Probabilities Of Case: Delhi HC
The Delhi High Court has observed that a judge, in exercise of jurisdiction under Section 227 of CrPC, cannot merely act as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before it.Justice Purushaindra Kumar Kaurav added that the Judge should not make a roving inquiry into...
Madras High Court Weekly Round-Up: August 22 To August 28, 2022
A weekly round-up of important cases from Madras High Court. Citations: 2022 LiveLaw (Mad) 361 To 2022 LiveLaw (Mad) 373 NOMINAL INDEX Sathish v. State, 2022 LiveLaw (Mad) 361 M/s. United Nilgiri Tea Estates Company Ltd. Versus The Tamil Nadu Sales Tax Appellate Tribunal, 2022 LiveLaw (Mad) 362 Praveen Rajesh v. Commissioner of Police and others, 2022 LiveLaw (Mad)...
S.32A Drugs & Cosmetics Act | Impleadment Of Manufacturer Can Be Done Only After Trial Has Commenced & Evidence Is Led: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that under the section 32-A of Drugs and Cosmetics Act 1940 it is only after trial has commenced and the evidence has been led, power to implead manufacturer or any other person who appears to be involved in the offence can be exercised and prior to that, no such power can be exercised. A bench comprising Justice Sanjay Dhar...
Karnataka High Court Weekly Round-Up: August 22 To August 28, 2022
Nominal Index B T Raju And State of Karnataka. 2022 LiveLaw (Kar) 328 HIGH COURT OF KARNATAKA v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 329 K.P.N. SHENOY & others v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 330 CHANDRASHEKAR R v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 331 MS. H. GAYATHRI v UNION OF INDIA & Others. 2022 LiveLaw (Kar) 332 NIHARIKA D RAO v....
Plaintiff Cannot Value Suit Differently For Purpose Of Jurisdiction & For Payment Of Court Fees: Delhi High Court
The Delhi High Court has observed that a plaintiff cannot adopt a dual policy of valuing the suit at a certain value for the purpose of jurisdiction and payment of court fees. Justice Neena Bansal Krishna further added that though it is in the discretion of the plaintiff to value his suit as per his bona fide belief and discretion, but once the suit has been valued in terms of sec. 8 of the...