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Supreme Court Monthly Digest With Nominal and Subject/Statute Wise Index- March 2022
Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasiÂjudicial proceedings. (Para 28) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 Amendment - If power to amend or modify or relax a notification and/or order exists, the notification and/or order...
Supreme Court "World Leader" In Virtual Hearings, Held Over Two Lakh Hearings Online: Law Ministry
The Ministry of Law & Justice informed in Lok Sabha that since Covid lockdown started, the District Courts heard 1,23,19,917 cases while the High Courts heard 61,02,859 cases (totalling 1.84 cr) till 28.02.2022 using Video-Conferencing. It was added that the Supreme Court held 2,18,891 hearings till 14.03.2022 since the beginning of the lockdown period making it the "world leader"...
Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners
The Bombay High Court has held the Superintendent of Central Prison, Nagpur - Anupkumar M. Kumre - guilty of contempt and sentenced him to seven days' simple imprisonment for selectively denying prisoners emergency parole during the Covid pandemic. "If the Court finds that the Government's (officials) action in rejecting the grant of parole to a prisoner has the effect of suffocating...
Weekly Round-Up Tax Cases: March 27 - April 2, 2022
Supreme Court Immunity Under Income Declaration Scheme Available Only To The Declarant; Can't Be Extended To Another Assessee : Supreme Court Case Title : Deputy Commissioner of Income Tax (Central) Circle 1(2) versus M/s MR Shah Logistics Private Ltd Citation : 2022 LiveLaw (SC) 323 The Supreme Court has found fault with a Gujarat High Court judgement for extending the...
Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court
The Supreme Court, on Friday, held that reliefs in a suit which seeks to frustrate the defendants from initiating a prosecution against plaintiff or seeking any other legal remedy are barred by law and can be a ground for allowing an application filed under Order VII Rule 11 of the CPC, seeking rejection of plaint. A Bench comprising Justices M.R. Shah and B.V Nagarathna allowed...
Power Of Attorney Must Be Construed Strictly; Agent Can't Sell Without Express Authorisation : Supreme Court
The Supreme Court observed that the power to sell is not to be inferred from a document of Power of Attorney which has to be construed strictly.The agent would have the power to sell only if the document expressly authorize him/her (i) to execute a sale deed; (ii) to present it for registration; and (iii) to admit execution before the Registering Authority, the bench comprising Justices...
Distinction Between "Attachment Of Property" And "Charge Over Property": Gujarat High Court Explains
"Attachment creates no charge or lien upon the attached property. It merely prevents and avoids private alienations; it does not confer any title on the attaching creditors", the Gujarat High Court affirmed in a judgment. Justice JB Pardiwala was hearing a writ application under Art 226 wherein the Applicant had prayed for the issuance of a writ of mandamus for the quashment of the order...
National Company Law Tribunals; Reeling Under Poor Infrastructure
The National Company Law Tribunals (NCLT) were constituted in 2016 for adjudication of matters arising out of the Companies Act, 2013, and exclusive jurisdiction under the Companies Act was vested with the NCLTs. After the enactment of the Insolvency and Bankruptcy Code, 2016 in December 2016, NCLT has been vested with exclusive jurisdiction to deal with cases arising out...
Either Of The Spouse Can Claim Alimony Under Sec 25 HMA : Bombay High Court Directs Wife To Pay Maintenance To Husband
In a rare instance the Bombay High Court upheld two orders of the civil court in Nanded, directing a wife, working as a teacher, to pay Rs 3,000 maintenance to her husband by directing the school principal to deduct Rs. 5000 from her salary towards unpaid maintenance since August 2017. Justice Bharati Dangre rejected the wife's contention that since the couple's marriage had ended with...
'Crowd Was Unruly; Police Force Was Inadequate' : Delhi High Court Seeks Sealed Cover Report On Investigation Into Attack At Arvind Kejriwal's Residence
The Delhi High Court has sought a status report, in a sealed cover, on the investigation being carried out into the incident of attack and vandalism at Chief Minister's official residence on March 30.This was after the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla was informed that the Delhi Police, which is responsible for maintaining the CM's security,...
Courts And The Sexual Minorities: Transgender Day Of Visibility 2022
Back in 2009, Rachel Crandall (a US based transgender activist) took the initiative and since then March 31 is celebrated as International Transgender Day of Visibility. Sexual minorities all over the world have been facing stigma, discrimination and oppression but with time we saw how things are getting better with rising awareness amongst the citizens and judicial...