News Updates
Kejriwal Singapore Visit Row: Delhi Transport Minister In High Court Challenges Provision Requiring Centre's Permission For Foreign Visits By State Ministers
Following LG's refusal to grant clearance for Delhi Chief Minister Arvind Kejriwal's Singapore visit to attend the World Cities Summit, city's Transport Minister Kailash Gahlot has approached the High Court seeking "broader guidelines" for permissions required by elected constitutional functionaries to travel abroad. Gahlot has submitted that the requirement of political clearances from...
S.4 Contract Act | Party Can't Dispute Legally Enforceable Liability Until 'Communication' Regarding Termination Of Contract Is Complete: Sikkim HC
The Sikkim High Court recently discussed Section 4 of the Contract Act which make stipulations regarding completion of a communication qua proposal, acceptance and revocation of a contract.In the instant case, involving interplay with Section 138 of the Negotiable Instruments Act, the bench of Justice Meenakshi Madan Rai made it clear that the Petitioner could not cover up dishonour of...
Rejection Of Maintenance Application In Divorce Proceedings Does Not Disentitle Wife To Seek Maintenance U/S 125 CrPC: Delhi High Court
The Delhi High Court has observed that the pendency of a divorce petition and rejection of an application for maintenance in such petition, would not disentitle the wife to seek maintenance under Section 125 of CrPC.Justice Yogesh Khanna was dealing with a plea filed by a husband challenging the order and the maintenance petition under Sec. 125 Cr.P.C. pending adjudication before the...
Kerala High Court Directs State To Set Up Temporary Detention Centres For Foreign Citizens Without Travel Documents Within 2 Months
The Kerala High Court on Monday directed the State Authorities and Secretary, Social Justice Department, to set up temporary detention centres for foreign citizens who do not possess travel documents within a period of two months.Justice Ziyad Rahman A A further clarified that the setting up of the detention centres must be done in conformity with the stipulations given by the...
Monthly Digest Of IBC Cases: July 2022
Supreme Court NCLT Not A Debt Collection Forum ; Operational Creditor's Application To Initiate CIRPMust Be Dismissed If The Debt Is Disputed: Supreme Court Case Title: SS Engineers vs Hindustan Petroleum Corporation Ltd Case No.: 2022 LiveLaw (SC) 617, CA 4583 OF 2022 The Supreme Court Bench comprising of Justices Indira Banerjee and V. Ramasubramanian observed that...
Charge Framed Against Accused Must Be Established Beyond Any Shadow Of Doubt, Suspicion However Grave Not Proof: Tripura High Court
The Tripura High Court recently observed that a Charge framed against an accused person has to be established and proved "beyond any shadow of doubt" and that suspicion, however grave it might be, cannot take place of proof.The observation came from Justice T. Amarnath Goud: "The way the prosecution has projected the case and being found serious contradictions and inconsistencies in...
S.173(8) CrPC | Power Of Further Investigation Available Upto "Pre-Trial Stage" & Not Beyond That: Gujarat High Court
The Gujarat High Court has held that the power of Court to direct further investigation under Section 173(8) of CrPC is available only up to "pre-trial stage" and once the trial commences, such power cannot be exercised. Justice Ashokkumar Joshi also reiterated: "It is trite principle of law that with a view to fill up the lacunae in investigation, such powers of directing...
National Commission For Scheduled Castes Not Equivalent To Civil Court, Can't Issue Directions After Deciding Inter Se Rights Of Parties: Delhi HC
The Delhi High Court has observed that the National Commission for Scheduled Castes cannot issue directions after deciding the inter se rights of the parties, like a civil court. Justice Rekha Palli observed:"Merely because the Commission, for the purpose of carrying out investigations or enquiring into any complaint, has the powers of a Civil Court trying a suit and, therefore, is entitled...
Five Paperless Benches To Start Functioning Today: Kerala High Court Issues Guidelines
As five benches gear up to go paperless starting today, the Kerala High Court has issued certain guidelines to be followed by the lawyers. Paperless courts have been introduced in the single benches with Bail jurisdiction and Tax matters as well as the division bench that considers appeals from these single benches. In addition to this, all Bail Applications that are considered on other...
Karnataka High Court Orders ₹5 Lakhs Compensation To Man Wrongly Arrested, Says Arresting Officer Must Ascertain Identity
The Karnataka High Court has held that whenever any warrant is issued, whether bailable or non-bailable, the arresting officer is required to ascertain the identity and be satisfied that the person proposed to be arrested is the same person as against whom the warrant has been issued. A single judge bench of Justice Suraj Govindaraj in the present case directed the state government to pay...
Adverse Entry Against Govt Servant In Confidential Report Can't Be Acted Upon Without Furnishing It To Him To Enable Effective Representation: Tripura HC
The Tripura High Court has recently observed that an adverse entry against a government servant in a confidential report cannot be acted upon to his prejudice unless the adverse entry is furnished to him at the earliest possible opportunity, to enable effective representation. The observation came from Justice T Amarnath Goud: "It is a trite law that a downgrading and/or adverse...
[Anganwadi Promotions] Date On Which Procedure Commences & Not When Resolutions Are Framed Is Relevant For Deciding Entitlement: Gujarat High Court
The Gujarat High Court has dismissed a petition filed by Anganwadi workers alleging that they were not promoted to the post of 'Mukhya Sevika' on account of discrimination between those working at the District Panchayat level and those working under the Municipal Corporation. It was alleged that Anganwadi Workers from District Panchayats were elevated to the aforesaid post while those...