News Updates
Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC
While allowing a revision application under Section 397 of CrPC seeking quashing of a judgement convicting the Petitioner under Section 138 of Negotiable Instruments Act, the Gujarat High Court reiterated the distinction between Sections 482 and Sec 320 of the Code. Section 320 CrPC prescribes power of Court to compound certain offences. Section 482 CrPC is inherent power of High Court....
Allahabad High Court Weekly Round Up: July 25 To July 31, 2022
NOMINAL INDEX Srinivas And Ors. v. State of U.P. and Another 2022 LiveLaw (AB) 339 Jai Krishna Dubey@ Raj Dubey And 4 Others Vs. State of U.P. and Another 2022 LiveLaw (AB) 340 Ashish Mishra @ Monu v. State of U.P. 2022 LiveLaw (AB) 341 Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremation v. State Of U.P. Thru Additional Chief Secretary Home And Ors....
Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the A&C Act and non-compliance of which would vitiate the entire proceeding for appointment of arbitrator. The bench of Justice Anand Pathak was hearing a review petition against an order by which the application under Section 11(6) was allowed and...
Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura
The High Court of Tripura has recently while dealing with criminal appeal under Section-374 of the Code of Criminal Procedure observed that circumstances not put to an accused under Section-313 Cr. P.C. cannot be used against him. The observation came from Justice T. Amarnath Goud, "It stands well settled that circumstances not put to an accused under Section-313 Cr.P.C. cannot...
Madras High Court Weekly Roundup: July 25 - July 31 2022
A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 317 To 2022 LiveLaw (Mad) 325 NOMINAL INDEX Mr.P.Adhavan Seral v. The Tamilnadu Information Commission and others, 2022 LiveLaw (Mad) 317 Siva v. State by Inspector of Police, 2022 LiveLaw (Mad) 318 Jaisankar v. The State and another, 2022 LiveLaw...
Karnataka High Court Weekly Round Up: July 25 To July 31 ,2022
Nominal Index: B M MUNIRAJU v. THE JAIL SUPERINTENDENT. 2022 LiveLaw (Kar) 283 Ramesh Naik.L v. State of Karnataka. 2022 LiveLaw (Kar) 284 CHERANDA NAND SUBBAIAH v. THE UNION OF INDIA & Others. 2022 LiveLaw (Kar) 285 Gopal v. State of Karnataka. 2022 LiveLaw (Kar) 286 M/S Bestpay Solutions Private Limited versus...
Application Under Section 11 Of The A&C Act Is Maintainable Despite The Pendency Of Reference Before The MSME Council: Jharkhand High Court
The High Court of Jharkhand has held that merely because a reference on the same issue is pending before the MSME Council under Section 18 of the MSMED Act, the same is not a bar to the application under Section 11 of the A&C Act for the appointment of the arbitrator. The Bench of Justice Sujit Narayan Prasad has held that the High Court while exercising powers under Section 11...
IBC Cases Weekly Round-Up: 25 July To 31 July, 2022
NCLAT Payment Of Earnest Money Towards Purchase Of Land Is Not A Financial Debt: NCLAT Delhi Case Title: S. Chandriah v Sunil Kumar Agarwal & Ors. Case No.: Company Appeal (AT) Insolvency No. 22 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Naresh Salecha (Technical Member), has...
Delhi High Court Weekly Round Up: July 25 To July 31, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 707 TO 2022 LiveLaw (Del) 727MANJU DEVI v. HINDUSTAN PETROLEUM CORPORATION LTD 2022 LiveLaw (Del) 707JAEWOO PARK v. STATE OF NCT OF DELHI & ANR 2022 LiveLaw (Del) 708AIREEN INSTITUTION OF EDUCATION v. NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. 2022 LiveLaw (Del) 709SUSHIL KUMAR v. CENTRAL REGISTRAR OF COOP SOCY AND ORS 2022 LiveLaw...
NCLT Mumbai Terminates The CIRP Of Sahara Hospitality, As Parties Enter Settlement
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Delta Electro Mechanical Pvt. Ltd. v Sahara Hospitality Ltd., has permitted withdrawal of insolvency proceedings and termination of Corporate Insolvency Resolution Process...
Arbitration Cases Weekly Round-Up: 24 July To 30 July, 2022
Bombay High Court: Pendency Of Arbitration Is Not A Bar To The Maintainability Of An Admiralty Suit For Arrest Of The Ship: Bombay High Court Case Title: Vision Projects Technologies Pvt. Ltd. versus OSV Crest Mercury 1 Citation: 2022 LiveLaw (Bom) 270 The High Court of Bombay has held that the pendency of an arbitration proceeding between the parties on the same cause of action...
'They Got Monetary Benefits From One Political Faction To Defame Gujarat Govt". Gujarat Court Denies Bail To Teesta Setalvad & RB Sreekumar
A Gujarat Court on Saturday denied bail to activist Teesta Setalvad and former ADGP RB Sreekumar arrested in a case of fabrication of evidence in relation to 2002 Gujarat riots larger conspiracy case. The duo was arrested after the Apex Court ratified the clean chit to Prime Minister Narendra Modi (then Chief Minister of Gujarat) in the 2002 riots case. While denying regular bail and interim...