SARFAESI Act | Borrower's Right To Redeem Secured Asset Ends With Publication Of Auction Notice: J&K&L High Court

Reaffirming of the legal bar under the amended Section 13(8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the High Court of Jammu & Kashmir and Ladakh has held that a borrower's right to redeem a secured asset stands extinguished the moment the Auction Notice is published, if dues are not cleared before such...

Rajasthan High Court Invokes Vexatious Litigation (Prevention) Act Against Ex-SBI Officer, Bars Him From Filing Cases Without Prior Leave

The Rajasthan High Court has invoked the Rajasthan Vexatious Litigation (Prevention) Act, 2015 to declare a former officer of State Bank of Bikaner and Jaipur (now SBI) as a vexatious litigant, based on the finding of him habitually instituting frivolous and vindictive litigation against the bank and its officers.The division bench of Acting Chief Justice Sanjeev Prakash Sharma and...

Madras High Court Grants Anticipatory Bail To Man Charged Under NDPS Act

The Madras High Court recently granted anticipatory bail to a man booked under the Narcotics and Psychotropic Substances (NDPS) Act.The Supreme Court had recently orally observation that "Anticipatory bail is never granted in NDPS case". The Top Court had made the observation while refusing to interfere with Punjab and Haryana High Court's denial of anticipatory bail to an accused booked...

Arya Samaj Certificate Alone Not Proof Of Valid Marriage: Madhya Pradesh High Court Holds Union Void For Lack Of Saptapadi

The Madhya Pradesh High Court has set aside a Family Court order declaring a woman as the legally wedded wife of a man, noting that the marriage cannot be recognised under the Hindu Marriage Act if essential ceremonies including sacred fire, pheras or saptpadi, were not performed. In doing so, the division bench of Justice Anand Pathak and Justice Hirdesh observed that the Family Court erred...

'Insult To Majesty Of Law' : Allahabad High Court Denies Relief To Husband Accused Of Filing 'Forged' Bank Statements In Maintenance Case

The Allahabad High Court recently dismissed a petition seeking to quash criminal proceedings against a man accused of filing forged allegedly to understate his financial capacity in the maintenance proceedings. The Court observed that filing a forged document is a 'direct assault' on the principle of maintaining the integrity of the judicial process and constitutes an "insult to...

'Seek Instructions From Police Stations Promptly': DG Prosecution Issues Pan-UP Directive To Prosecutors After High Court Order

In a move aimed at overhauling the coordination between the police and prosecution machinery across UP, the Director General (Prosecution) in Uttar Pradesh last month issued a strict circular directing all Prosecuting Officers to ensure that instructions from police stations reach trial courts without delay. The directive was issued following an intervention by the Allahabad High...

Marathi Language Row | Bombay High Court Refuses To Quash FIR Against Ex-MNS Leader Booked For Assaulting Lawyer

The Bombay High Court on Tuesday refused to quash a First Information Report (FIR) lodged against then Maharashtra Navnirman Sena (MNS) leader Akhil Chitre, who was booked in December 2020 for allegedly assaulting a lawyer, who obtained orders against the party and its workers, who were then demanding Amazon to use Marathi language in its daily communications. A division bench of Justices...

UAPA| Punjab & Haryana High Court Dismisses Bail In Terror Funding Case Involving Cross-Border Syndicate

The Punjab & Haryana High Court has dismissed two appeals filed by accused persons challenging the rejection of their second bail applications, in a major narco-terror case involving cross-border smuggling of heroin, weapons, explosives and alleged terror-funding linked with Pakistan-based handlers, including designated terrorist Lakhbir Singh Rode.A bench of Justice Gurvinder Singh Gill...

Jharkhand High Court Commutes Death Sentence Due To Split Verdict Between Division Bench

Recently, the Jharkhand High Court commuted a death sentence to life imprisonment on the ground that a split opinion of the Division Bench on the question of conviction made it impermissible to affirm the capital punishment, even in the absence of any mitigating circumstances.Justice Gautam Kumar Choudhary was hearing a death reference after a Division Bench of the Jharkhand High Court...

Zila Parishad Polls | P&H High Court Declines To Interfere With Refusal To Verify Candidate's NOC; Says Challenge Barred Under Article 243-O

The Punjab & Haryana High Court has declined to interfere in a writ petition filed by a candidate for the Zila Parishad and Panchayat Samiti elections in Punjab, challenging the Halka Patwari's refusal to verify the No Objection Certificate (NOC) required for filing his nomination.Article 243-O of the Constitution bars courts from interfering in Panchayat (local village government)...

Bombay High Court Questions Maha Govt's Decision To Withdraw Proposal To Amend S.498A IPC, Make It Compoundable

The Bombay High Court on Tuesday questioned as to how the Maharashtra government could withdraw the proposed amendment to Section 498A of the Indian Penal Code (IPC), which was passed by the State Assembly in 2018 recommending to make it a compoundable offence.A division bench of Justices Manish Pitale and Manjusha Deshpande was informed that the State Assembly had in 2018 proposed amendment...

Rajasthan High Court Releases Life Convict In Jail For 22 Yrs For Father's Murder After Amicus's Report Disproves Mental Instability Claim

The Rajasthan High Court directed the premature release of man, imprisoned for life for murdering his father, based on the Amicus Curiae's report that refuted the Advisory Committee's grounds for rejection that the man was a mentally unstable person whose family was not willing to accept him.The division bench of Justice Vinit Kumar Mathur and Justice Anand Sharma had received a letter...