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Benefit Of Tofan Singh Judgment May Be Taken During Regular Bail Hearing ; SC Sets Aside Anticipatory Bail Granted To NDPS Accused
The Supreme Court observed that an accused under NDPS Act may be able to take advantage of the Tofan Singh judgment at the time of arguing the regular bail application or at the time of final hearing after conclusion of the trial.To grant anticipatory bail in a case of this nature is not really warranted, the bench comprising Justices Indira Banerjee and V. Ramasubramanian observed while...
Supreme Court To Hear Plea Challenging GST On Disability Equipments
A writ petition filed challenging the levy of the Goods and Services Tax (GST) on disability equipments was mentioned before the Supreme Court on Friday.The writ petition Nipun Malhotra versus Union of India was filed in 2017. Advocate Jai Anant Dehadrai mentioned before a bench led by Justice DY Chandrachud that in 2020, the Court had granted the petitioner liberty to move a...
"Athidi Devo Bhava"- Madras High Court Tells Wife To Treat Estranged Husband Like A Guest During Visitation
Expressing concern over the manner in which a visiting parent is often treated by the parent who is in custody of the child, the Madras High Court recently observed that every child has a right and need for an unthreatened and loving relationship with both the parents. The court was deciding upon an application filed by a father with respect to right to visit his child who was living with...
Kerala High Court Grants Interim Bail To SFI Leader For Appearing In Exam
The Kerala High Court on Friday granted interim bail to the State Secretary of the Students' Federation of India (SFI) who was taken into custody for the second time after he violated the bail conditions imposed on him.Justice Viju Abraham granted interim bail to Arsho P.M till 3rd August, permitting him to appear for his exams conducted by the MG University which are scheduled from 23rd...
Delhi High Court Reserves Order On Appeal Against Dismissal Of Plea To Disclose Details Of SC Collegium's December 2018 Meeting
The Delhi High Court on Friday reserved order on an appeal against the order passed by a Single Judge which had dismissed a plea against denial of information sought regarding decisions taken by the Supreme Court Collegium in a meeting held on December 12, 2018."We will pass appropriate orders," said a bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad,...
Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice
Can a High Court, while maintaining murder conviction, reduce the life sentence to that already undergone, by giving the benefit of right to private defence?The Supreme Court might examine this issue in a special leave petition filed by the State of Madhya Pradesh against a Madhya Pradesh High Court judgment.In this case, the trial Court (in the year 1995) convicted Nandu @ Nandua and...
Can't Presume That No Rules For Promotion Exist Merely Because Order Sanctioning The Post Does Not Indicate Such Rules: Uttarakhand High Court
The Uttarakhand High Court has held that merely because the communication sanctioning a post does not indicate any promotion Rules, it cannot be presumed that there exists no Rule for promotion to the higher post from the feeder cadre. A Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe observed, "…it does not stand to reason that, for gaining...
ISKCON Bangalore vs. ISKCON Mumbai | Question Of Trademark's Proprietorship To Be Determined By Registrar: Bombay High Court
The Bombay High Court has clarified that its previous decision of 2020, allowing the trademark infringement suit filed by ISKCON Mumbai against a clothing manufacturer was limited to recognizing ISKCON as a well known trade mark in India within the meaning provided in Sections 2 (1)(zg) of the Trade Marks Act, 1999.A division bench of Justices G.S. Patel & Gauri Godse made it clear...
Punjab & Haryana High Court Upholds Direction To BSNL To Pay Mesne Profits For Unauthorised Possession Of Suit Property After Lease Expiry
Punjab and Haryana High Court has recently upheld an order of the Trial Court directing BSNL to pay mesne profit at the rate of Rs. 1,000 for being in unauthorised possession of the suit property after the expiry of the lease deed. The bench comprising Justice Arvind Singh Sangwan further held that no substantial question is involved in the instant case and it is a pure finding of...
Suits Against Govt | Refusal Of Interim Relief After Grant Of Leave To File Suit Without Notice U/S 80 CPC Does Not Require Return Of Plaint: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Thursday ruled that in case the interim stay sought is not granted after the leave to file suit without issuing notice has been granted to the plaintiff under Section 80(3) of Civil Procedure Code, that does not mean that the plaint is to be returned on refusing to grant such injunction. A bench of Justice Vinod Chaterjee Koul...
The Arbitrator Cannot Award A Lumpsum Amount As Against Specified Claims Without Adjudicating The Claims: Delhi High Court
The High Court of Delhi has held that an award wherein a lumpsum amount is awarded against the specified claims without adjudication of the claims is unsustainable. The Bench of Justice Vibhu Bakhru held that an arbitral tribunal cannot award a lumpsum amount against specified claims of a party merely to meet the ends of justice. The Court also held that an application under...