Uttarakhand HC Stays Enforcement Directorate's Order To Provisionally Attach Property Worth ₹70 Crore Linked To Congress Leader

The Uttarakhand High Court last week stayed an order issued by the Enforcement Directorate (ED) to provisionally attach approximately 101 Bighas of land, worth over ₹70 crore, which is linked to former minister and Congress leader Harak Singh Rawat. The ED took this action in January this year under the Prevention of Money Laundering Act (PMLA) 2002, claiming that the registered...

Limitation Cannot Be Decided As Preliminary Issue Without Recording Whether It Is A Mixed Question Of Law And Fact: Bombay High Court

The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that an arbitrator is not permitted to decide the issue of limitation as a preliminary issue without first recording a finding as to whether it is a mixed question of law and fact that requires evidence to be led. It further held that if such a finding is not recorded and the issue is...

Accused Cannot Be Put Under Preventive Detention On Grounds That Releasing Him On Bail Affects Public Confidence: J&K High Court

The Jammu and Kashmir High Court held that mere fact that a person has secured bail from the court cannot be grounds for imposing preventive detention on the pretext of an apprehension that enlargement of the detenu will have an impact upon public faith. The respondents had argued that that since detenu “managed” to get bail in the said case showing that normal law has...

Bombay High Court Monthly Digest – March 2025

2025 LiveLaw (Bom) 80 to 2025 LiveLaw (Bom) 122Nominal Index:Priyanka Bannerji vs State of Maharashtra, 2025 LiveLaw (Bom) 80Madhabi Puri Buch vs. State, 2025 LiveLaw (Bom) 81Avinash Dhavji Naik & Anr vs. State of Maharashtra & ors., 2025 LiveLaw (Bom) 82Devendra Patil vs State of Maharashtra, 2025 LiveLaw (Bom) 83Sachin Hindurao Waze vs. Union of India, 2025 LiveLaw (Bom) 84Kartik...

Supreme Court Colleguim Recommends Appointment Of P&H HC Judge Justice Arun Palli As Chief Justice Of J&K&L HC

Supreme Court Colleguim on Saturday recommended appointment of Justice Arun Palli, Judge, High Court of Punjab & Haryana, as Chief Justice of High Court of Jammu & Kashmir and Ladakh.Justice Palli was designated as a Senior Advocate on April 26, 2007. He served as Amicus Curiae in various contentious matters before the High Court, addressing diverse subjects and legal propositions...

Not An Illegal Migrant, Can't Be Left Stateless: Bombay HC Asks Authorities To Decide Citizenship Plea Of Woman Living In India For 60 Yrs

The Bombay High Court recently ordered the Deputy Collector of Mumbai to decide an application filed by a septuagenarian 'Stateless' woman, who has sought Indian Citizenship after spending 60 years in the country. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the petitioner Ila Popat–born in September 1955–had entered India along with her...

Rule Of Law Is A Constitutional Pillar, Allowing State To Breach Contracts Would Make It Ineffective: P&H High Court

The Punjab & Haryana High Court said that if state authorities are allowed to breach contracts, then the rule of law, which is a constitutional pillar, will become ineffective.Justice Sureshwar Thakur and Justice Vikas Suri said, "if there is yet an endowment of permissibility to State or its agencies to renege from the apposite contractual promises, or if the State agencies are not...

Punjab & Haryana HC Disposes Plea Challenging Demolition Notice Allegedly Issued To NDPS Accused After State Assures No Coercive Action

The Punjab & Haryana High Court disposed of plea challenging notice wherein an accused under NDPS Act was allegedly given 15 days time to appear and submit defence to prove that her house was not in violation of Punjab Building By laws.It was alleged that FIRs were registered against the petitioner under the NDPS Act, and therefore, due to the Punjab Government's drive to demolish...

Consumer Protection Act | 'Law Must Ensure That Unwary & Untrained Consumers Are Not Deprived Of Their Legal Rights': Bombay High Court

Courts Dealing With Consumer Protection Act Cases Matters Must Prevent Deprivation Of Legal Rights Of 'Untrained & Unwary Consumers': Bombay HC

Bombay High Court Directs Developer Of Lodha Worli Towers To Collect Maintenance At Rate Agreed Upon Between Parties Until Arbitral Proceedings Are Completed

The Bombay High Court bench of Justice Somasekhar Sundaresan the developer of Lodha World Towers in a petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) has been directed to charge the Federation Common Area Maintenance (FCAM) Charges at the rate agreed upon in the agreement executed between the parties, until the arbitral proceedings...

'Prompt Medical Care Is Fundamental Right': Punjab & Haryana HC Refuses To Quash Layout Plan Incorporating Clinic In Colony Over Claims Of Increased Traffic

The Punjab & Haryana High Court refused to quash a layout plan of a sector which included a doctor's clinic in the vicinity, observing that receiving prompt medical services is a fundamental right.Justice Sureshwar Thakur and Justice Vikas Suri noted, "when the consultancy services to be provided at the clinic sites, may become availed by the elderly people, senior citizens or...

[Arbitration] Referral Court Should Limit Enquiry To Whether Plea Has Been Filed Within Limitation, Not Whether Claims Are Ex-Facie Time Barred: Delhi HC

The Delhi High Court bench of Justice Manoj Kumar Ohri has observed that at the stage of appointment of arbitrator under Section 11, A&C, the referral court should limit its inquiry to whether the petition itself is within the limitation period of three years and should leave the question of whether the claims are deadwood to the arbitral tribunal. Facts The Petitioner...