Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

NOMINAL INDEX Kamleshkumar Mohanji Methana V/S State Of Gujarat 2022 LiveLaw (Guj) 301 Gulamkadar Kasambhai Shaikh V/S The State Of Gujarat Thru The Principal Secretary 2022 LiveLaw (Guj) 302 State Of Gujarat & 2 Other(s) v. Ravindra S. Shukla & 22 Other(s) 2022 LiveLaw (Guj) 303 Pritiben Chhaganlal Kanjariaya V/S State Of Gujarat & 4 other(s) 2022 LiveLaw...

Madhya Pradesh High Court Half Yearly Digest: January to June 2022 [Citation 1- 166]

NOMINAL INDEXGangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another 2022 LiveLaw (MP) 1Kamla Bai and Others v. The State Of Madhya Pradesh And Others 2022 LiveLaw (MP) 2Jayesh Gurnani v. Madhya Pradesh State Election Commission & Ors 2022 LiveLaw (MP) 3Dr. Vijendra Dhanware & Another v. The State of Madhya Pradesh and others 2022 LiveLaw (MP) 4Hani Sharma vs....

Gujarat High Court Weekly Round Up: August 8 - August 14, 2022

NOMINAL INDEXSalimbhai Ibrahimbhai Mir V/S State Of Gujarat 2022 LiveLaw (Guj) 316 Ajitsingh Jagan Singh Yaduvanshi V/S State Of Gujarat 2022 LiveLaw (Guj) 317 Yogesh Lakhmanbhai Chovatiya V/S Pgvcl Through The Deputy Engineer 2022 LiveLaw (Guj) 318 Parth Krishnkant Patel V/S Managing Director/ General Manager (Legal Cell) 2022 LiveLaw (Guj) 319 Shambhubhai Devrajbhai Jaru...

Criminal Complaint Should Not Merely Mention Section & Its Language, Must Disclose Particulars Of Offences & Role Played By Each Accused: J&K&L HC

The Jammu and Kashmir and Ladakh High Court recently observed that unless specific allegations are made against the accused persons, it cannot be stated that they are involved in the alleged offences.The observation came from Justice Sanjay Dhar: "In order to lodge a proper complaint, mere mention of the sections and language of these sections is not all that is needed. What is...

Supreme Court Weekly Digest With Nominal And Statute/Subject Wise Index [August 7 to August 14, 2022]

Code of Criminal Procedure, 1973; Section 154 - FIR -Police officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence - Whether or not the offence complained of is made out is to be determined at the stage of investigation and / or trial. If, after conducting the investigation, the police find that no offence is...

[Right To Shelter] Even Encroachers Are Protected From State Action Which Violates Procedure Established By Law: Jharkhand HC

The Jharkhand High Court recently observed that the right to shelter is a fundamental right of every citizen under the Constitution and any infraction of this right by State action must invite judicial intervention to protect the occupants of a dwelling house.A division bench comprising Justices Shree Chandrashekhar and Ratnaker Bhengra observed: "The right to shelter is a fundamental...

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022

NOMINAL INDEX Fayanath Yadav S/O Late Devdutt Yadav (Fourth Bail) v. State Of U.P. Thru. Prin. Secy. Home, Lko 2022 LiveLaw (AB) 362 Javed v. State of U.P. 2022 LiveLaw (AB) 363 Nabco Products Private Limited versus Union of India and Ors. 2022 LiveLaw (AB) 364 Babu v. State of U.P. 2022 LiveLaw (AB) 365 Raj Kishore @ Pappu v. State of U.P 2022 LiveLaw (AB) 366 Archana...

Permit Use Of Gujarati Language/Documents In Proceedings Before Gujarat High Court: GHCAA Moves Representation Before Governor

The Gujarat High Court Advocates' Association (GHCAA) has moved a representation before the Governor Of Gujarat State, Devvrat Acharya, seeking his specific authorization under Article 348(2) of the Constitution of India to allow the use of Gujarati language in addition to English in the court proceedings before the Gujarat High Court.It may be noted that this provision under the Constitution...

Tripura High Court Grants Judicial Separation To Old Couple On Humanitarian Grounds

The Tripura High Court recently granted judicial separation to an old couple on humanitarian grounds, stating that they have mutually agreed to be away from each other and the court would not want to precipitate the litigation. The observation came from a division bench of Justice T. Amarnath Goud & Justice S.G. Chattopadhyay: "After elaborate arguments on behalf of both sides,...

Preservation Of Unworkable Marriage Causes Great Misery, Marital Bond Should Be Severed On Irretrievable Breakdown : Kerala High Court

The Kerala High Court recently, while dismissing a Matrimonial Appeal, observed that when a marriage has broken down beyond repair, the law should take notice of the fact as refusing to serve the legal tie of such marriages would be injurious to the interest of the parties as well as the society.Division Bench Consisting of Justice Anil K Narendran and Justice C S Sudha observed that nothing...

Caste Committee Clean Chit To NCB Officer Sameer Wankhede, FIR Against Nawab Malik For Defamation Under SC/ST Act

A little less than a year after former Maharashtra Minister Nawab Malik accused Sameer Wankhede, then anti-Narcotics officer, of fraudulently obtaining a scheduled caste certificate despite being a Muslim by birth, the caste committee has given Wankhede a clean chit. The District Caste Certificate Verification Committee declared that Wankhede belonged to SC/ST's Mahar community and...

Standard Of Proof For Accused To Rebut Presumption U/S 139 NI Act Is That Of 'Preponderance Of Probabilities': Jharkhand High Court

The Jharkhand High Court has reiterated that when an accused under Section 138 of the Negotiable Instruments Act has to rebut the presumption in favour of cheque holder under Section 139 of the Act, the standard of proof for doing so is that of 'preponderance of probabilities'. The observation came from Justice Deepak Roshan: "While section 138 of the Act specifies a strong...