News Updates
Breach Of Contract | Dishonest Intention U/S 420 IPC Has To Be From Inception Of Transaction, Subsequent Conduct Not Sole Test: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Monday observed that a distinction has to be kept in mind between mere breach of contract and the offence of cheating and it depends upon the intention of the accused at the time of inducement while the subsequent conduct is not the sole test. The bench comprising Justice Sanjay Dhar was hearing a plea whereby the petitioner had...
Right Of Accused To Representation Integral Part Of Article 21, Trial Court Must Appoint Amicus In Absence Of Defence Counsel: Madras High Court
The Madras High Court recently set aside the order of conviction of one M/s. RK Emu Frams which was convicted under Sections 120B, 420, and 406 IPC and Section 5 of the Tamil Nadu Protection Of Interests of Depositors (TNPID) Act after observing that the order of conviction was passed without hearing the appellant/accused. The court noted that the right of the accused to be represented was...
Fresh Plea In Bombay High Court To Save Parts Of Union Minister Narayan Rane's Residence From Demolition
A fresh petition has been filed in the Bombay High Court to save parts of Union Minister Narayan Rane's eight-storey residence from demolition. The petition filed by Kaalkaa Real Estates Pvt Ltd, a closely held family concern of Rane, has sought directions to the BMC to consider a fresh permission proposal under section 342 of the Mumbai Municipal Corporation Act and in the interim, a...
Bombay High Court Weekly Round-Up: July 10 To July 16, 2022
NOMINAL INDEX Karishma Prakash vs UOI 2022 LiveLaw (Bom) 247Syed Athar Ali and Another vs The State of Maharashtra 2022 LiveLaw (Bom) 248 United Projects Versus The State of Maharashtra 2022 LiveLaw (Bom) 249 ABC vs XYZ 2022 LiveLaw (Bom) 250 ABC 2022 LiveLaw (Bom) 251 Friends & Friends Shipping Pvt. Ltd v. Central Warehousing Corporation 2022 LiveLaw (Bom)...
Kerala High Court Initiates Suo Motu Case On Collapse Of Temple Roof During Ceremony
The Kerala High Court recently initiated suo motu proceedings to look into the collapse of a portion of the concrete on the top of the Anakkottil in Valiyakalavoor Temple that fell down during the 'choroonu' ceremony injuring three people, including the mother of the baby. A Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar initiated the suo motu proceeding...
Gujarat High Court Weekly Round Up: July 11 To July 17, 2022
NOMINAL INDEX State Of Gujarat V/S Hasmukhbhai @ Harshadbhai Dahyabhai Makwana 2022 LiveLaw (Guj) 266 Patel Manubhai Ramabhai V/S State Of Gujarat & 1 other(s) 2022 LiveLaw (Guj) 267 M/S Harekrushna Infra Projects Pvt Ltd & 1 Other(S) V/S State Bank Of India 2022 LiveLaw (Guj) 268 M/s Magirsha Industries versus M/s Gujarat State Fertilizer and Chemicals Limited...
Krishna Janmabhumi Dispute | "Expeditiously Decide Plea Seeking Scientific Probe At Shahi Idgah": Allahabad HC To Mathura Court
The Allahabad High Court has directed Mathura Court to expeditiously decide on an application filed before it for conducting a Scientific Investigation of Shahi Eidgah and Jahanara's Masque in connection with a 2021 suit (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others).The bench of Justice Vipin Chandra Dixit ordered thus while hearing an Article 227...
"Traveling At Odd Hours Of Day Is A Physical Hardship For Wife": Calcutta High Court Transfers Matrimonial Case
Following the principle of "showing leniency towards the wife", the Calcutta High Court recently allowed a wife's plea to transfer Matrimonial Suit from the Court of Additional District Judge, F.T.C., Coochbehar to the Court of District Judge, Darjeeling.The bench of Justice Ananda Kumar Mukherjee took into account the fact that the Husband had filed a suit for divorce directly without making...
HAMA | Widow Daughter-In-Law Can Claim Maintenance From Father-In-Law If She Is Unable To Obtain Maintenance From Her Husband's Estates: Chhattisgarh HC
The Chhattisgarh High Court has held that a widowed daughter-in-law has the right to claim maintenance from her father-in-law, if the latter has the possession of estates/ coparcenary properties in which the former's husband had rights and interest. While issuing order of maintenance, a Division Bench of Justices Goutam Bhaduri and Deepak Kumar Tiwari reiterated, "It is the well...
Developer Put In Possession Of The Property Under The Development Agreement, Assessee Not Liable To Pay Wealth Tax: Karnataka High Court
The Karnataka High Court has set aside the order passed by the ITAT holding that the assessee was liable to pay Wealth Tax with respect to a property, despite transferring possession of the said property to a developer under a Joint Development Agreement. The Bench, consisting of Justices P.S. Dinesh Kumar and Anant Ramanath Hegde, observed that the developer had physically...