"Wrongdoers Shouldn't Get Benefit Out Of Frivolous Litigation": Allahabad HC Imposes ₹25K Cost On Petitioner For Concealment Of Facts

Stressing that wrongdoers should not get benefits out of frivolous litigation, the Allahabad High Court recently imposed a cost of ₹25,000/- on a petitioner who concealed material facts from the court that he had earlier filed two anticipatory bail applications and did not comply with court's orders.The bench of Justice Ramesh Sinha and Justice Saroj Yadav imposed costs on Vikas Kumar...

Rajasthan High Court Dismisses Plea Challenging Constitutional Validity Of Section 7 Of Insolvency & Bankruptcy Code, 2016

The Rajasthan High Court has dismissed a plea seeking to declare the Section 7 of the Insolvency & Bankruptcy Code, 2016 as unconstitutional to the extent it facilitates a joint application by multiple financial creditors, to prove minimum default of one crore rupees. The petitioner has also approached the court on being aggrieved by the order passed by the National Company...

Arbitration Cases Weekly Round-Up: 7th August To 13th August, 2022

Andhra Pradesh High Court: Arbitration Agreement Not A Bar For Referring Parties To Facilitation Council Under MSMED Act:Andhra Pradesh High Court Case Title: M/s. Dalapathi Constructions versus The State of Andhra Pradesh & Ors. The Andhra Pradesh High Court has ruled that a reference to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act,...

Availing Benefits Of Parents' Caste/Religion Post Conversion Made Punishable: Himachal Pradesh Assembly Passes Freedom Of Religion Amendment Bill 2022

The Himachal Pradesh Assembly on Saturday (12 August) passed the Himachal Pradesh Freedom of Religion (Amendment) Bill, 2022, which seeks to make the state's 2019 anti-conversion law more stringent. The bill, inter alia, punishes Mass Conversions, Concealing religion for marriage, taking benefits of parents' caste/religion even after conversion, etc.The bill makes it mandatory for a person...

Following Governor's Approval, Punjab Govt Notifies Act Implementing 'One MLA, One Pension' Scheme In State

Following approval from the Governor of Punjab Banwarilal Purohit, the State Government on Thursday notified an act named Punjab State Legislature Members (Pension and Medical Facilities Regulation) Act, 2022 which implements 'One MLA, One Pension' scheme in the state.Chief Minister Bhagwant Mann took to Twitter to announce that the Bill, which was passed by the state assembly on June 30,...

Madhya Pradesh High Court Dismisses PIL Seeking Fixing 5 Years As Eligibility Period For Grant Of Pension To MP/MLAs With 10K Cost

The Madhya Pradesh High Court recently dismissed a Public Interest Litigation (PIL) plea seeking direction to the Union of India and the Madhya Pradesh Government to make fix the tenure of 5 years of the office of the MP/MLAs for their eligibility for a lifetime pension.The bench of Justice Vivek Rusia and Justice Amar Nath (Kesharwani) imposed a cost of Rs.10,000/- on the petitioner,...

Two Judicial Officers Sworn In As Judges Of Orissa High Court

Two senior judicial officers were sworn-in as Judges of the Orissa High Court this afternoon after their warrants of appointment were issued by the President of India yesterday. Justice Gourishankar Satapathy, who was the 9th senior-most judicial officer of the State, joined the Odisha Superior Judicial Service in the year 2011. He held various positions in the cadre of District...

[Gutka Sahib Desecration Case] PH High Court Grants Bail To Lady Suffering From Schizophrenia, Bipolar Disorder

The Punjab and Haryana High Court on Monday granted bail to a lady, accused of tearing the pages of and dishonoring the holy text Gutka Sahib while taking into account the fact that she is ailing and suffering from Bipolar Disorder and Schizophrenia since 2017."In view of her mental condition, it would be a matter of adjudication during the trial as to whether she had the necessary mens rea...

Kerala HC Gants Pre-Arrest Bail To A Doctor Accused Of Posting Defamatory Articles Against Lakshadweep Administrative Officers

The Kerala High Court on Wednesday granted anticipatory bail to a senior doctor who has been accused of posting defamatory articles against officers of the Administration of Lakshadweep on Facebook.The bench of Justice Viju Abraham was essentially dealing with the pre-arrest bail plea of Dr. K P Hamsakoya, who is one of the seniormost doctors serving the Lakshadweep Administration and that he...

UPKSZP Act | Kshettra Panchayat's Elected Member Vacates Office When Resignation Notice Is Received In Panchayat Office: Allahabad HC

The Allahabad High Court has observed that under the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961, an elected member of the Kshettra Panchayat shall be deemed to have vacated his office from the date on which notice of his resignation is received in the office of Kshetra Panchayat.The bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava further observed...

Provisions Of J&K Juvenile Justice Act 2013 Retrospective, Age Of Juvenility Is 18 Yrs & Not 16: High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the provisions of J&K Juvenile Justice Act 2013 are retrospective in nature and accordingly the age of juvenility has to be taken as 18 years and not 16 years, which was the age of juvenility under the Act of 1997, even though that was in force at the time of commission of the alleged occurrence. The...

S.7(i) Court Fees Act | Court Fee In Money Suits Is Payable According To Amount Claimed: Punjab & Haryana High Court

Punjab and Haryana High Court recently held that as per Section 7(i) of the Court Fees Act, 1870, where the suit is for money including suits for damages, compensation or arrears of maintenance, of annuities, or of other sums payable periodically, the Court fee is payable according to the amount claimed.Where the suit is for money including suits for damages or compensation or arrears...