[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. “default bail” under the proviso to Section 167 (2) Cr.P.C. on the expiry of the period of 90 days or 60 days whichever is applicable?Ans. Yes. At that stage, even without examination of the case on merits, the accused is entitled to and the Court is bound to grant default bail to the accused. See –Hitendra...

Delhi High Court Weekly Round-Up: February 27 To March 5, 2023

Citations 2023 LiveLaw (Del) 183 to 2023 LiveLaw (Del) 203NOMINAL INDEXShapoorji Pallonji and Company Private Limited versus Union of India 2023 LiveLaw (Del) 183HARSH AJAY SINGH v. UNION OF INDIA AND ORS and other connected matters 2023 LiveLaw (Del) 184New Delhi Municipal Council versus Decor India Pvt Ltd 2023 LiveLaw (Del) 185Tejpal Singh versus Surinder Kumar Dewan 2023 LiveLaw (Del)...

Bombay High Court Monthly Digest: February 2023

Nominal Index [Citation 65 - 126]Rahul Giridhar Pathade v. Collector of Nasik, State Excise Department and Ors. 2023 LiveLaw (Bom) 65Milind Shantilal Rathod and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 66Shaikh Shaukat S/O Majit @ Majid Patel and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 67M/s. Instakart Services Private Limited v. State of Maharashtra and Ors....

Kerala High Court Weekly Round-Up: February 27 To March 5, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 102-118]Yasin Sunu V State of Kerala 2023 LiveLaw (Ker) 102Lalithambika & Ors. v. Grievance Redressal Committee & Ors. 2023 LiveLaw (Ker) 103Jamshid P.V. v. State of Kerala 2023 LiveLaw (Ker) 104Sam Joseph V State of Kerala and Others 2023 LiveLaw (Ker) 105K C Antony V State of Kerala and Others 2023 LiveLaw (Ker) 106Pradeep and Others V...

Arbitration Clause Can Be Invoked By Assignee Of Rights Under Contract: Bombay High Court

The Bombay High Court has ruled that an arbitration agreement is assignable, just as any other contract, and where the obligations and rights under an Agreement, containing an arbitration clause, are assigned in favour of an assignee, the remedy of arbitration would also stand assigned in its favour. The bench of Justice Bharati Dangre held that there was no need of separate execution...

Gujarat High Court Dismisses With Cost Husband's Habeas Corpus Plea To Trace Wife, For Suppressing Parallel Search Proceedings U/S 97 CrPC

The Gujarat High Court recently dismissed with costs, a habeas corpus petition filed by a husband for the production of his wife who was allegedly kidnapped by her relatives, on the ground that the husband has concealed the fact that he has already filed an application under section 97 (Search for persons wrongfully confined) of CrPC.The division bench of Justice N.V. Anjaria and Justice Niral...

Delhi High Court Refers Claims Against Essel Group Companies under ‘Letters Of Comfort’ To Arbitration

The Delhi High Court has ruled that the statements made by a party in a ‘Letter of Comfort’, assuring the creditor that it shall ensure that the debtor repays the loan on the relevant due dates, are promissory in character and thus enforceable, even if they do not meet the requirement of Section 126 of the Indian Contract Act, 1872 which deals with the Contract of Guarantee. The...

Calcutta High Court Restores Rape Case Against Man Who Married Another Woman During Subsistence Of Relationship With Complainant

The Calcutta High Court has restored the rape case filed against a man who, after being in a relationship with the complainant for about six years, married another woman during the subsistence of such relationship and hid this fact from the complainant.Justice Rai Chattopadhyay observed:"The most relevant is the accused person to have suppressed the said facts from the defactocomplainant....

Excessive Amount Mistakenly Paid Can’t Be Operational Debt, It’s Quasi Contract: NCLT Hyderabad

The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Mr. Satya Ranjan Prasad (Technical Member), while adjudicating a petition filed in M/s. Sandvik Mining & Construction Tools AB v M/s TA Hydraulics Pvt. Ltd., has held that if an Operational Creditor mistakenly pays excess sum to the...

Shivsena Case| Revisiting Questions Raised By Supreme Court On Governor's Decision

In the Shiv Sena case between Eknath Shinde and Uddhav Thackeray groups, the powers of the Governor were debated at lengths in the Supreme Court. The matter is under consideration before a bench comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha. During the course of the hearings, the bench posed multiple questions concerning...

Lokayukta Empowered To Decide Contract Cases Having Commercial Relations If Complainant Alleges Harassment: Kerala High Court

The Kerala High Court on Monday dismissed the pleas filed by Regional Cancer Centre (RCC) Employees Co-operative Society challenging the order of the Lokayukta that had ruled in favour of certain low paid Class-IV employees working as cleaners at the RCC. The complainants before the Lokayukta, who were employees of RCC had stood as sureties to one of the employees for a loan of Rs.3 lakh....

Delhi Riots 2020 :Independent Inquiry Commission Needed To Find Out Truth, Says Former SC Judge Justice Madan Lokur

An inquiry commission needs to be set up for an impartial investigation to establish the whole gamut of factors that contributed to the 2020 north-east Delhi violence, and to determine the adequacy of the response of the state and its instrumentalities before, during, and after the riots, suggested former Supreme Court judge Madan Lokur. “The whole nation deserves to know what...