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Banks Can’t Use Look Out Circulars As Measure To Recover Money From Creditors: Delhi High Court
The Delhi High Court has observed that banks cannot use Look Out Circulars (LOCs) as a measure of recovering money from creditors just because they feel remedy available under law is not sufficient. Justice Subramonium Prasad said that LOC can be issued only when there are sufficient reasons. He added that if there is a condition precedent for issuance of such LOC, the same must be...
Litigants Liable For Civil Contempt On Violating Undertaking Given On Their Behalf By Advocate To Court : Supreme Court
In a recent judgement, the Supreme Court held that litigants will be liable for 'civil contempt' on wilful breach of undertaking given on their behalf by their advocate to the Court."We hold that an assurance in the form of an undertaking given by a counsel / advocate on behalf of his client to the court; the wilful breach or disobedience of the same would amount to “civil contempt”...
POCSO Act | Putting Hand On Victim's Shoulder, Pulling Her Clothes Signifies Sexual Instinct Of Accused: Madhya Pradesh High Court
The Madhya Pradesh High Court has observed that the act of the accused of pulling the clothes of the prosecutrix and putting his hand on her shoulder signifies his sexual instinct.The bench of Justice Prem Narayan Singh observed this while upholding the conviction of the appellant-accused (Nageshwar) under Section 354 of IPC and Section 7/8 of the POCSO Act.The Prosecution case was that when...
'Where Is The Prohibition?': Karnataka High Court Dismisses Plea Against Appointment Of Political Secretaries, Media Advisor To CM Siddaramiah
The Karnataka High Court today dismissed a Public Interest Litigation challenging the appointment of Political Secretaries and Media Advisor to Chief Minister Siddaramiah. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Advocate Umapathi S and said, “For reasons to be recorded separately, the petition is dismissed.”...
IBC - Liquidator Can't Cancel Valid Auction On Mere Expectation Of Fetching Higher Price; No Unfettered Discretion : Supreme Court
The Supreme Court on Wednesday held that even though the highest bidder in an auction sale under the Insolvency and Bankruptcy Code 2016 has no indefeasible right to demand acceptance of his bid, the liquidator, if such a bid is rejected must furnish reasons for the same in the rejection order. A division bench of Justice B V Nagarathna and Justice Ujjal Bhuyan held that the mere expectation...
Supreme Court Half Yearly Digest 2023 [Code of Criminal Procedure, 1973]
Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate’s direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance stage power under Section 202 of the Code...
Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence :SC
The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence."It is only in cases wherein an amount which is out and out non-recoverable, towards which a cheque is issued, dishonoured and for recovery of which a criminal action is initiated, the question of threshold jurisdiction will arise. In such cases, the Court...
Provide Basic Facilities To Pilgrims At Maa Chhinnamastike Temple: Jharkhand High Court Issues Directions To District Admin
In a noteworthy decision, the Jharkhand High Court has issued a set of directives aimed at enhancing the facilities for pilgrims visiting the revered Maa Chhinnamastike Temple in Rajrappa, Jharkhand. The court's decision follows a Public Interest Litigation (PIL) filed by a devoted petitioner who sought improvements in the temple's amenities. The division bench of Chief Justice Sanjaya...
Supreme Court Stays Disqualification Of Elected Members Of Anjuna Panchayat, Goa
The Supreme Court on Wednesday (September 6) stayed the disqualification of two elected members (Sarpanch and Ward member) of the Anjuna Panchayat, Goa. The Court, while issuing notice to the State Government of Goa, also restored the position of the sitting Sarpanch and Ward Member. The proceedings before BDO(Block Development Officer) who was given 15 days to decide as regards...
Supreme Court Adjourns Hearing Of Bihar Caste Survey Case Until October
The Supreme Court on Wednesday adjourned the hearing in a batch of pleas doubting the constitutionality of the caste-based survey conducted by the Bihar government last month. A bench of Justices Sanjiv Khanna and SVN Bhatti is hearing a plea by non-governmental organisations Youth for Equality and Ek Soch Ek Prayas against the decision of the Patna High Court to uphold the Bihar...
'Unprecedented' : Supreme Court Slams Ladakh Administration For Denying Symbol To JK National Conference In LAHDC-Kargil Elections
The Union Territory of Ladakh has come under the harsh criticism of the Supreme Court for denying the 'plough' symbol for the Jammu and Kashmir National Conference (JKNC) party in the upcoming Ladakh Autonomous Hill Development Council (LAHDC) election for the Kargil region.Noting that the plough symbol was reserved for JKNC by the Election Commission of India because of its status as...