Calcutta High Court Imposes ₹2000 Fine On Jail Superintendent For Keeping Undertrial Businessman In Hospital Despite Contrary Medical Opinion

The Calcutta High Court on Thursday imposed a fine of Rs. 2000/- on Superintendent, Presidency Correctional Home in a contempt proceeding for violating a court order by extending the comfort of hospitalisation to an undertrial who did not require institutional medical treatment.The division bench of Justice Ajay Kumar Gupta and Justice Joymala Bagchi observed:“The present case involves a...

'Swayamvar' A Fundamental Right Under Article 21, Its Roots Can Be Traced To Ramayana, Mahabharata: Punjab & Haryana High Court

In a significant observation, the Punjab and Haryana High Court last week said that Swayamvar i.e. marriage by one's own choice is not a modern phenomenon and that its roots can be traced in ancient history including holy books like Ramayana Mahabharata.Adding that Article 21 is enforcing this human right as a Fundamental Right, the bench of Justice Jagmohan Bansal quashed an FIR lodged against...

'Mere Framing Of Charges No Bar To Order Further Investigation; Victim Has Fundamental Right Of Fair Investigation' : Supreme Court

"The victim has a fundamental right of fair investigation and fair trial", observed the Supreme Court while ordering further investigation in a case for abduction and attack against NCP MLA Jitendra Awhad.Mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant, the...

Delhi High Court Refuses To Restrain Ujoy From Using 'Bolt' Mark For EV Charging Services, Says Bolt Technology Has No Market Exposure In India

The Delhi High Court has refused to grant interim injunction in favour of Bolt Technology OU in relation to use of the mark ‘Bolt’ in EV (electric vehicle) charging stations in India by Ujoy Technology Private Limited.The court observed that since Bolt is not engaged in providing EV charging services anywhere in the world and has merely installed some EV charging stations in a handful...

NCLAT Delhi Stays Insolvency Proceedings Against Zee Entertainment Enterprises Ltd.

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Punit Goenka v Indusind Bank Ltd. & Anr., has stayed the NCLT order dated 22.02.2023, whereby Corporate Insolvency Resolution Process (“CIRP”) was initiated against...

Shiv Sena Crisis : Will Uddhav Thackeray's Decision To Resign Before Floor Test Become Crucial In Supreme Court Case?

Will the decision taken by the Uddhav Thackeray to resign on June 29, 2022, as the Chief Minister of Maharashtra before facing the floor test scheduled on the next day have any impact in the ongoing cases before the Supreme Court? The Constitution Bench which is hearing the matter raised this point on multiple occasions during the hearing held this week.The pleas pertaining to the...

Complete Supreme Court Yearly Digest Part-12 [Last Part]

TTax on Paper LotteriesTax on Paper Lotteries Act, 2005 (Kerala) - Tax on Lotteries Act, 2004 (Karnataka) - Constitutional Validity upheld - Karnataka and Kerala State Legislatures possessed legislative competence to enact such Acts. (Para 124) State of Karnataka v. State of Meghalaya, 2022 LiveLaw (SC) 309 : 2022 (5) SCALE 262Telegraph Act, 1885Telegraph Act, 1885 - Section 7B - Existence of...

NCLT Mumbai Initiates Insolvency Proceedings Against Siti Networks Ltd.

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Ms. Madhu Sinha (Technical Member), while adjudicating an application filed in Indusind Bank Ltd. v Siti Networks Ltd., has initiated Corporate Insolvency Resolution Process (“CIRP”) against Zee Entertainment Enterprises Ltd. Mr. Rohit Mehra has been appointed as...

Supreme Court Refuses To Entertain Suvendu Adhikari's Plea Challenging Speaker's Decision To Not Disqualify Mukul Roy, Allows Him To Approach HC

The Supreme Court on Friday dismissed as withdrawn a plea moved by the Leader of Opposition in West Bengal Legislative Assembly, Suvendu Adhikari, challenging a decision of the West Bengal Assembly Speaker Biman Banerjee's assembly to not disqualify MLA Mukul Roy.On June 8, 2022, speaker Biman Banerjee had refused to disqualify Roy for alleged defection to TMC from BJP.On Friday, the Court...

Gauhati High Court Reduces Sentence Of Man Convicted For Sexually Assaulting Minor Daughter After Modification In Trial Court Verdict

The Gauhati High Court on Thursday modified the judgement and sentence of trial court in a POCSO case in which a father was convicted for the offence of penetrative sexual assault on his 13-year-old daughter, on the ground that the offence was not proved beyond all reasonable doubt.The division bench of Justice Michael Zothankhuma and Justice Parthivjyoti Saikia took note of the...

Multiple Arbitrations By Arbitrator Involving The Same Co-operative Bank Under S. 84 Of MSCS Act; Not A Disqualification: Bombay High Court

The Bombay High Court has ruled that reference of more than two arbitrations to the same arbitrator under Section 84 of the Multi-State Co-operative Societies Act, 2002 (MSCS Act), involving the same Co-operative Bank, would not fall foul of clause 22 of Schedule V of the Arbitration and Conciliation Act, 1996 (A&C Act). Noting that in the statutory arbitration contemplated under...

Issuance Of Show Cause Notice Mandatory Under Rule 24 Of Kerala Minerals Rules, 2015: High Court

The Kerala High Court recently held that a show-cause notice is mandatory under Rule 24 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, before taking any action in cases relating to breach of conditions, prescribed in the license, by a dealer. Justice N. Nagaresh also said that the reply of such person ought to be considered in such cases....