‘State Of Anarchy Brought About By Govt’: Meghalaya High Court Raps State For Aiding Illegal Coal Mining, Unlicensed Plants

The Meghalaya High Court has pulled up the State Government for its inaction against illegal coke plants functioning in the state.While expressing severe disappointment, the Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said: “It is a matter of crying shame that despite orders of the Supreme Court, no less, a state of anarchy is brought about by the...

Right To Vote Is A Constitutional Right; Not Just A Statutory Right : CJI DY Chandrachud

While hearing a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections, CJI DY Chandrachud expressed his reservations on the view that the Right to Vote was a statutory right. Senior Advocate Gopal Sankaranarayanan, appearing for the petitioner in the matter, had submitted that Section...

Question Of ‘Accord And Satisfaction’ Cannot Be Determined Under Section 11 Of The A&C Act: Calcutta High Court

The High Court of Calcutta has held that the jurisdiction of the Court under Section 11 of the A&C Act is limited to the examination of the existence of the arbitration clause and determination of an arbitrable dispute. The bench of Justice Shekhar B. Saraf relied on the judgment in Mayavati Trading v. Pradyvat Deb Burman[1] to hold that a Court exercising powers under Section 11...

Doctor Not Responsible For Patient Not Favorably Reacting To Treatment; NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal as Presiding Member, Dr. S.M. Kantikar and Mr. Binoy Kumar as Members disposed of a consumer complaint filed by the husband (Complainant) of a patient who went into coma after her surgery accusing the doctor (Opposite Party 2) and the Hospital (Opposite Party 2) of negligence. The...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 55 - 67) [January 23 – 31, 2023]

SUBJECT WISE INDEX Bail Supreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64 Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of...

'Extreme Inefficiency': Calcutta High Court Again Expresses Displeasure At CBI Probe In Recruitment Scam Case, Removes CBI Officer

The Calcutta High Court on Thursday expressed displeasure at the progress of the investigation by the Central Bureau of Investigation (CBI) into alleged irregularities in recruitments for government-aided schools in West Bengal. Justice Abhijit Gangopadhay on Tuesday had removed investigation officer Somnath Biswas from the special investigation team (SIT) of the CBI that is probing...

Flipkart's Delivery Partner Instakart Not Dealer, Agent Or Importer Under Maha Municipal Corporation Act; Not Liable To Pay Local Body Tax: Bombay HC

The Bombay High Court recently held that Flipkart’s delivery partner Instakart is not an importer, commission agent or a dealer under the Municipal Corporation Act, 1888 and is not amenable to Local Body Tax (LBT).A division bench of Justice Sunil B. Shukre and Justice M. W. Chandwani while setting aside Pune Municipal Corporation’s notice asking Instakart to register for assessment of...

Children Being Forced To Work In Factories Right Under Nose Of Govt, Police: Delhi High Court, Orders Inspection Of Units Employing Child Labourers

The Delhi High Court has ordered that a committee be constituted in each district for inspection of the premises where units are employing child labourers, and called for a status report regarding the action taken. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that under the supervision of Chief Secretary of Delhi, the Deputy Commissioner of Police...

ONGC V. Afcons By SC Will Not Affect Fee Already Fixed By Arbitration Tribunal : Delhi High Court

The Supreme Court in ONGC v. Afcons, 2022 LiveLaw (SC) 723 has held that maximum fees that an arbitrator can charge on a claim is Rs. 30 Lakhs. The High Court of Delhi was considering a situation wherein the fees was fixed in terms of the earlier law. The petitioner challenged the fees so fixed as violative of the Supreme Court order. The bench of Justice Neena Bansal Krishna...

Krishna Janmabhoomi-Shahi Idgah Mosque Case| Allahabad HC Entertains Plea Seeking Transfer Of Pending Suits To HC, Notice Issued

The Allahabad High Court has entertained and agreed to hear a plea seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, to the High Court. Observing that the matter requires consideration, the bench of Justice Nalin Kumar Srivastava issued notices to 3 respondents...

Supreme Court Allows Woman Who Sought Abortion To Give Child For Adoption To A Couple Registered With CARA

In a plea filed by a 21-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court of India, while noting that the petitioner in question had agreed to give birth to the child and place the child for adoption, asked AIIMS to take all necessary precautions in the interest of the safety and health of the mother and the fetus. Further, permission was granted...

[Tunisha Sharma Suicide] Was There Instigation? Are Ingredients Of Abetment Of Suicide Made Out? – Bombay High Court To Police

The Bombay High Court on Thursday asked the police if their investigation was headed in the right direction in television actor Tunisha Sharma’s suicide case and if ingredients of abetment were made out against her former partner Sheezan Khan. Twenty-one-year-old Sharma, who has acted in the TV show ‘Ali Baba: Dastaan-E-Kabul’ along with Khan, was found hanging in the...