Not Required To Hear Accused While Taking Cognisance U/S 223 Of BNSS For Complaints Made Under NI Act: Karnataka HC

The Karnataka HIgh Court has said that the procedure of hearing the accused at the stage of taking cognizance of the complaint as prescribed in the first proviso to Section 223 of BNSS shall not apply to the complaints for offence made under Section 138 of Negotiable Instruments Act.For context, Section 223 of BNSS makes a departure from the earlier provision contained in Section 200...

Writ Against Third Party Is Maintainable Despite Arbitration Clause When There Are No Disputes Between Contracting Parties: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that when there are no disputes or differences between the parties to an agreement containing an arbitration clause, a writ petition may be entertained against a third party for arbitrary deduction of demurrage amounts. The existence of an arbitration clause between the...

Punjab Govt Moves High Court To Recall Order Directing It To Abide By Centre's Decision For Giving Extra Share Of Water To Haryana

The Punjab Government today has moved an application before the Punjab & Haryana High Court to recall its order passed on May 06, which paved the way for the release of Bhakra dam water to Haryana, by directing it to abide by the decision of the meeting held on May 02 conducted by Central Government's Home Secretary.According to the Union Government's submission, on May 2, the Centre's...

Tenant's Mere Non-Cultivation Of Land Personally Does Not Amount To Breach Of S.32R Of Tenancy Act: Bombay HC

The Bombay High Court stated that mere tenant's non-cultivation of land personally does not amounts to breach of Section 32R of the Tenancy Act.The Bench of Justice Amit Borkar was addressing the issue of whether mere failure of the tenant to cultivate the land personally, in absence of proof of abandonment or unlawful transfer of possession, would justify resumption of land under Section 32R...

'Facilitates Resolution Process': Madras HC Upholds Circular Allowing Creditor To Recommend Resolution Professional In Application U/S 95 Of IBC

The Madras High Court bench of Justice D.Bharatha Chakravarthy has held that the circular issued by Insolvency and Bankruptcy Board of India (IBBI) on 21.12.2023 under section 196 of the Insolvency and Bankruptcy Code, 2016 (Code), allowing the creditor to recommend the name of a Resolution Professional in an application filed under Section 95 of the Code cannot be deemed ultra vires...

Delhi High Court Weekly Round-Up: May 05 To May 11, 2025

Citations 2025 LiveLaw (Del) 509 to 2025 LiveLaw (Del) 534NOMINAL INDEXDEEPA JOSEPH & ANR. v. UNION OF INDIA & ANR 2025 LiveLaw (Del) 509 Royal Challengers Sports Private Limited v. Uber India & Ors. 2025 LiveLaw (Del) 510 LALIT SHARMA AND ORS v. UNION OF INDIA & ORS 2025 LiveLaw (Del) 511 Varun Jindal v. Union of India 2025 LiveLaw (Del) 512 Sanjay Kumar Yadav v. Union...

S.197 CrPC | Insulting SC Community Member, Fabricating Records Not 'Official Duty' Of Public Servant; Sanction Not Required: Kerala HC

The Kerala High Court refused to entertain a revision petition filed by a public servant seeking to quash a Special Court order framing charges against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, for want of prosecution.The Court upheld the order on the grounds that Section 197 CrPC sanction is not required since the allegations were not in...

Court Commissioner Can Be Appointed At Pre-Mature Stage Under Order 26 Rule 9 CPC In Encroachment & Boundary Dispute Cases: Bombay High Court

The Bombay High Court stated that court commissioner can be appointed at pre-mature stage under Order XXVI Rule 9 CPC in encroachment and boundary dispute.The Bench of Justice N.J. Jamadar observed that “the provisions contained in Order XXVI Rule 9 of the Court indicate that the Court is empowered to appoint the court Commissioner to elucidate the matter in controversy. The term...

Penalty Orders U/S 270A Of Income Tax Act Cannot Be Issued After Approval Of Resolution Plan U/S 31 Of IBC: Gujarat HC

The Gujarat High Court bench of Justices Bhargav D. Karia and D.N.Ray has held that Penalty orders under Sections 270A, 271(1)(c), and 271AAC(1) of the Income Tax Act, 1961 (Income Tax Act) cannot be issued after the approval of the Resolution Plan under Section 31 of the Insolvency and Bankruptcy Code, 2016 (Code). Once the Resolution Plan is approved by the Adjudicating...

Prior Approval U/S 17A Of PC Act Cannot Be Bypassed By Only Projecting Offence Under IPC While Filing FIR: Karnataka HC

The Karnataka High Court has quashed a criminal case registered against former Member of Legislative Council (MLC) D S Veeraiah, who was accused of misappropriation of Rs 47.1 crore from the D Devaraj Urs Truck Terminal Limited (DDUTLL), a state government entity, during his period as its Chairman in 2021.A single judge, Justice M Nagaprasanna quashed the case registered against him...

Being Foreign National No Ground To Deny Bail In NDPS Case Specially When Passport Of Accused Is Seized: Delhi High Court

The Delhi High Court has ruled that being a foreign national is no ground to deny bail under Narcotic Drugs and Psychotropic Substances Act, 1985, especially when passport of the accused is seized. While granting bail to a woman–having a passport of Kyrgyzstan–in an NDPS case, Justice Shalinder Kaur observed:“This Court, while not discounting the concerns raised, is also cognizant of...

Gauhati HC Stays Nagaland Govt's Enumeration Exercise For Four Tribes To Determine Eligibility For Indigenous Inhabitant Certificate

The Gauhati High Court in an interim order stayed for three weeks enumeration exercise to be conducted by the Nagaland Government with regard to the people from Garo, Kuki, Kachari and Mikir (Karbi) tribes settled in the State.Justice Yarenjungla Longkumer was hearing a writ petition filed by the Kuku Inpi, Nagaland, the Nagaland Garo Tribal Council, the Kachari Tribal Council Nagaland, and...