Process Should Not Become The Punishment, Don't Deny Bail Thinking Accused Might Not Get Convicted : Justice Kaul's Advice To Trial Judges

While delivering his speech at the valedictory ceremony of the First All India District Legal Services Authorities Meet, Supreme Court Judge, Justice Sanjay Kishan Kaul, on Sunday, encouraged all present, particularly, the members of the subordinate judiciary to bring an end to litigation before them by resorting to 'out of the box thinking' while also utilising the tools...

IBC Cases Weekly Round-Up: 25 July To 31 July, 2022

NCLAT Payment Of Earnest Money Towards Purchase Of Land Is Not A Financial Debt: NCLAT Delhi Case Title: S. Chandriah v Sunil Kumar Agarwal & Ors. Case No.: Company Appeal (AT) Insolvency No. 22 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Naresh Salecha (Technical Member), has...

Services Of Young & Talented Advocates Must Be Used To Boost Public Confidence In Legal Aid System : Justice UU Lalit

Supreme Court judge Justice U.U. Lalit, the Executive Chairman of the National Legal Services Authority was the Chief Guest for the valedictory session of the 1st All India District Legal Services Authorities Meet.At the outset, Justice Lalit shared his views on the future of legal aid system. He stated that the first issue was to bring clarity regarding legal aid in India, the second...

Delhi High Court Weekly Round Up: July 25 To July 31, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 707 TO 2022 LiveLaw (Del) 727MANJU DEVI v. HINDUSTAN PETROLEUM CORPORATION LTD 2022 LiveLaw (Del) 707JAEWOO PARK v. STATE OF NCT OF DELHI & ANR 2022 LiveLaw (Del) 708AIREEN INSTITUTION OF EDUCATION v. NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. 2022 LiveLaw (Del) 709SUSHIL KUMAR v. CENTRAL REGISTRAR OF COOP SOCY AND ORS 2022 LiveLaw...

NCLT Mumbai Terminates The CIRP Of Sahara Hospitality, As Parties Enter Settlement

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Delta Electro Mechanical Pvt. Ltd. v Sahara Hospitality Ltd., has permitted withdrawal of insolvency proceedings and termination of Corporate Insolvency Resolution Process...

Judicial Institutions Must Shed The Resistance To Adopt New Means Of Technology: Justice D.Y. Chandrachud

Justice D.Y. Chandrachud, while referring to himself as a "self confessed geek on technology" delivered an address on the importance of technology in the judicial system at the Valedictory Ceremony of 1st All India District Legal Services Authorities Meet.On the importance of adopting technology in judicial processes, Justice Chandrachud stated that the Supreme Court, the High Courts and...

Provisions Of Limitation Act Has No Application When A Statute Extinguishes The Right Itself: Supreme Court

The Supreme Court observed that the provisions of Limitation Act will not have apply when a Statute extinguishes the right itself.The distinction between barring a remedy as exception is well established, the bench observed in a judgment in which it dealt with the Rule 30 of the Second Schedule of the Carriage by Air Act, 1972.The Rule 30 provides that the right to damages will be extinguished...

'Knowledge About Constitution Confined To Small Segment Of Population' : CJI Urges Law Graduates To Spread Awareness

Lamenting that the knowledge about the Constitution is limited to a small segment of the Indian population, Chief Justice of India NV Ramana urged law graduates to take up the mission of spreading awareness about "the supreme document" among common people.Speaking at the convocation ceremony at the Hidayatullah National Law University, Raipur, the CJI told law graduates that it should be...

Accepting Uddhav Group's Pleas Will Impose "Minority Tyranny" In House : Eknath Shinde To Supreme Court

Opposing the petitions filed by Uddhav Thackeray faction in the Supreme Court in respect of the issues arising out of the rift within the Shiv Sena party, Maharashtra Chief Minister Eknath Shinde has said that the actions taken by the Governor and the Speaker are not amenable to judicial review.Shinde has said that to accept the arguments of the Uddhav group would result in the...

Arbitration Cases Weekly Round-Up: 24 July To 30 July, 2022

Bombay High Court: Pendency Of Arbitration Is Not A Bar To The Maintainability Of An Admiralty Suit For Arrest Of The Ship: Bombay High Court Case Title: Vision Projects Technologies Pvt. Ltd. versus OSV Crest Mercury 1 Citation: 2022 LiveLaw (Bom) 270 The High Court of Bombay has held that the pendency of an arbitration proceeding between the parties on the same cause of action...

Vehicle Owner Can't Be Expected To Verify Genuineness Of Driver's Licence If He Was Satisfied With Driving Skills : Supreme Court

The Supreme Court observed that an owner of a vehicle cannot be expected to verify the genuineness of his driver's licence he was satisfied about his driving skills.The owner of the vehicle is expected to verify the driving skills and not run to the licensing authority to verify the genuineness of the driving license before appointing a driver, the bench comprising Justices Hemant Gupta...

'They Got Monetary Benefits From One Political Faction To Defame Gujarat Govt". Gujarat Court Denies Bail To Teesta Setalvad & RB Sreekumar

A Gujarat Court on Saturday denied bail to activist Teesta Setalvad and former ADGP RB Sreekumar arrested in a case of fabrication of evidence in relation to 2002 Gujarat riots larger conspiracy case. The duo was arrested after the Apex Court ratified the clean chit to Prime Minister Narendra Modi (then Chief Minister of Gujarat) in the 2002 riots case. While denying regular bail and interim...