Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order

The Bombay High Court on Monday while pulling up the Mumbai Police for not returning the passport of a man, despite a clear order by a Sessions court, said the Police is duty bound to implement an order passed by any court.A division bench of Justices Revati Mohite-Dere and Shivkumar Dige also imposed costs of Rs 25,000 on the State for the failure of the officers at Mumbai's plush Cuffe...

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts

The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict...Gurdev Singh...

'Sophisticated Form Of Extortion': Bombay High Court Slaps Rs 5 Lakh Costs On 'Unscrupulous' Tenant For Frivolous Petition

The Bombay High Court while slapping a fine of Rs 5 lakh on a tenant for 'obstructing' redevelopment of a nearly 83-year-old building, observed that often such petitions by tenants amount to 'sophisticated form of extortion' and thus such 'obstructionist' behaviour of the tenants must be deterred.A division bench of Justices Ajay Gadkari and Kamal Khata noted that filing petitions in the court...

POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants

In a relief to TV News Anchor and Journalist Chitra Tripathi (working with ABP News), the Punjab and Haryana High Court has set aside two orders of the Gurugram Court, issuing a non-bailable warrant of arrest against her in connection with a POCSO Case. Gurugram Court passed this order last month while cancelling her bail and rejecting her application for exemption from personal...

Accused Has No Indefeasible Right To Be Heard Before Transfer Of Probe To CBI: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the accused has no indefeasible right to be heard, before the High Court passes an order for transfer of investigation to the CBI.Justice Sumeet Goel said, "there is no right nay indefeasible right vested in the accused/suspect, to be heard, before the High Court passes an order for transfer of investigation of a case/FIR to CBI."In case, a...

Erroneous Methodology Used To Prepare State List: Madhya Pradesh HC Directs Issuance Of Fresh List For NEET-PG 2024 In-Service Candidates

Allowing a plea against the normalisation process used in the NEET-PG 2024 exam for preparing state ranking of in-service candidates, the Jabalpur bench of the Madhya Pradesh High Court on Monday (December 9) quashed the state merit list directing the National Board of Examinations in Medical Sciences (NBEMS) to prepare it afresh by giving incentivised marks to the candidates based on...

Jyoti Shyamdasani Murder Case | Allahabad High Court Upholds Conviction Of 5 Including Husband, Acquits His Alleged Lover

Last month, the Allahabad High Court last month upheld the conviction of 5 accused persons, who were found guilty by trial court and sentenced to Life imprisonment in connection with the 2014 Kanpur's Jyoti Shyamdasani murder case. The persons convicted included the deceased's husband. The Court, however, acquitted the 6th accused, the alleged lover of the deceased's husband, who...

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order dated August 30, 2024 passed...

Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates

The Allahabad High Court has reiterated that in a suit for Specific Performance, the party filing has to necessarily show that they are, or have been ready and willing to perform their part of the contract before pursuing such a direction.“...a decree of specific performance of contract can not be passed unless the person, who prays for a decree for specific performance of contact, proves...

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains

The Kerala stated that there is distinction between entertainability and maintainability of a writ petition filed under Article 226 of the Constitution. The Court explained that the jurisdiction of a writ court is not generally invoked when there is an alternative remedy available, and in such cases, the Court may decline to entertain the petition. The Court stated that having an...

Karnataka High Court Weekly Round-Up: December 02 - December 08, 2024

Citation 2024 LiveLaw (Kar) 490 to 2024 LiveLaw (Kar) 500Nominal Index: Union of India & Others AND Government of Karnataka & Others. 2024LiveLaw (Kar) 490DODDABALLAPUR SPINNING MILLS AND THE BANKING OMBUDSMAN & Others. 2024 LiveLaw (Kar) 491Sourish Bose & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 492Naleen Kumar Kateel v State of Karnataka. 2024 LiveLaw...

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

Madhya Pradesh High Court (Gwalior Bench): A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. It held that recoveries of excess payments made to Class III and IV employees after retirement are impermissible, unless there is misrepresentation or fraud. It also held that any specific undertaking allowing such recovery...