News Updates
Gyanvapi ASI Survey Stay | "Matter Of National Importance": Allahabad High Court Seeks ASI DG's Personal Affidavit In 10 Days
In the ongoing hearing before the Allahabad High Court in connection with the Kashi Vishwanath temple-Gyanvapi mosque dispute, the High Court yesterday called the affidavit filed by the state government and the central goverment 'sketchy' and further directed Additional Secretary (Home) U.P. Government to file his personal affidavit in the matter within ten days.Terming the matter as...
Indian Courts Can Direct 'Telegram' To Disclose Info Of Copyright Infringers Using Its Platform, Server Being In Singapore No Defence: Delhi HC
The Delhi High Court has observed that copyright infringers cannot be permitted to seek shelter under messaging platform Telegram's policies merely on the ground that its physical server is in Singapore.Justice Pratibha M Singh added that Indian Courts would be perfectly justified in directing Telegram, which runs its massive operations in India, to adhere to Indian law and orders passed by...
NMC Direction For Govt Fee In 50% Seats Won't Apply To Private Medical Colleges & Deemed Universities In Kerala : High Court
The Kerala High Court recently held that the direction issued by the National Medical Commission(NMC) that the fee in 50% of seats in Private Medical Colleges and Deemed Universities should be at par with the fees in Government medical colleges will not apply in the State of Kerala.The Court held so taking note of the fact that there is no concept of "Government Quota" or "Management Quota"...
Delhi High Court Grants Interim Injunction In Favour Of 'USHA' Sewing Machines In Trademark Infringement Suit
The Delhi High Court has granted ad interim injunction in favour of famous sewing machines brand 'USHA' in its trademark infringement suit against a company for using a deceptively similar mark 'TUSHA' in respect of same products.Justice Navin Chawla was of the view that the two marks were deceptively similar and that Usha International Limited had shown its goodwill and reputation in its...
"Restrain Yourself From Eating Meat For 1-2 Days": Gujarat High Court In Plea Against Slaughterhouse Closure Due To Jain Festival
Hearing a plea challenging the decision of the Ahmedabad Municipal Corporation (AMC) to close down its sole slaughterhouse in the city on the occasion of a Jain festival, the Gujarat High Court told the petitioner-in-person "You can restrain yourself for 1 or 2 days from eating (meat)".The bench of Justice Sandeep Bhatt was essentially dealing with a plea moved by Kul Hind Jamiat-Al Quresh...
All High Courts Weekly Round-Up: August 22 To August 28, 2022
Allahabad High Court NOMINAL INDEX Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 385 Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors 2022 LiveLaw (AB) 386 Puspha Devi W/O Sri Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Homr Lko 2022 LiveLaw (AB) 387 Alam @ Mohammad Alam v. State Of U.P. and...
Sanction Of Resolution Plan U/S 31 IBC Does Not Discharge Liability Of Guarantor Towards Loan Agreement: Delhi High Court
The Delhi High Court has recently reiterated that where proceedings are initiated under the SARFAESI Act and the borrower is aggrieved by any of the actions of the bank for which it has remedy under the Act, no writ petition should be entertained.Justice Sanjeev Narula further observed that the extent of liability of a personal guarantor would have to be determined in light of the...
Bombay High Court Weekly Round-Up: August 22 - August 28, 2022
Nominal Index [Citations 302-309] Rahul Uttam Phadtare v. Sarika Rahul Phadtare; 2022 LiveLaw (Bom) 302 National Highways Authority of India versus The Additional Commissioner, Nagpur and Ors.; 2022 LiveLaw (Bom) 303 MEP Infrastructure Developers Ltd. & Ors. v. MSRDC Sea Link Ltd. & Ors.; 2022 LiveLaw (Bom) 304 Farzin Ardeshir Adel & Ors. v. MCGM & Ors....
Application Under O.7 R. 11 Is Not The Submission Of The First Statement On The Substance Of Dispute, Application Under Section 8 Of A&C Act Can Still Be Filed: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that an application for rejection of a plaint cannot be considered to be the first statement on the substance of the dispute as it is merely an incidental procedural proceeding. The Bench of Chief Justice held that mere filing of an application for rejection of plaint would not debar a party from subsequently filing an application...
"Might Lead To Law & Order Situation": Orissa HC Declines To Intervene Against Police Action In 'Distorted Ganesh Idol' Case
The Orissa High Court has declined to entertain a Public Interest Litigation (PIL) filed by a sculptor against alleged police actions in preventing him from making and selling certain types of idols of Lord Ganesha. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash, while backing police actions, apprehended a law-and-order situation if such idols...
S.138 NI Act: Delhi High Court Appoints 5 Retired Judges As Presiding Officers Of Special Courts
The Delhi High Court has appointed five retired judicial officers as Presiding Officers of Special Courts (Negotiable Instruments Act) established in compliance of Supreme Court's directions in "in Re: Expeditious Trial of Cases under sec. 138 of NI Act."The appointments are as follows:- Mr. Rakesh Siddhartha- Mr. C.K. Chaturvedi- Dr. Satinder Kumar Gautam- Mr. Chandra Bose- Mr. Ram...
Notice U/S 13(2) SARFAESI Act Not Sufficient For Instituting Legal Challenge, Adjudication Must Await Until S.13(4) Stage: Gujarat HC
The Gujarat High Court, while declining to exercise its writ jurisdiction at the stage of issuance of notice under Section 13(2) of the SARFAESI Act, has held that adjudication of matter would have to wait till the stage of Section 13(4) was reached. Thereafter, the aggrieved person can file a securitisation appeal under Section 17 of the SARFAESI Act before the...