Delhi High Court Weekly Round Up: July 11 To July 17, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 634 TO 2022 LiveLaw (Del) 662M/S. SPML Infra Ltd. versus M/S. Trisquare Switchgears Pvt. Ltd. 2022 LiveLaw (Del) 634META PLATFORMS, INC. v. NOUFEL MALOL & ANR 2022 LiveLaw (Del) 635DAMINI MANCHANDA v. AVINASH BHAMBHANI 2022 LiveLaw (Del) 636Fresenius Medical Care Dialysis Service India Pvt. Ltd. v. Kerry Indev Logistics Pvt. Ltd. 2022 LiveLaw...

Shinde vs Thackeray : Who Is The Real Shiv Sena? 10th Schedule Clinches The Issue - PDT Achary | Full Text Of Interview

PDT Achary, the former Secretary General of Lok Sabha, opined that the tenth schedule of the Constitution plays an important role in determining which faction can claim to be the real political party following a rift.In this regard, he referred to Explanation (a) to the second paragraph of the tenth schedule of the Constitution, which says "an elected member of a House shall be deemed to...

Madras High Court Grants Bail To Man Booked Under UAPA Over Facebook Posts Allegedly Instigating Muslims To Act Against Hindus

The Madras High Court recently allowed a criminal appeal and granted bail to a man booked by the National Investigation Agency (NIA) under the Unlawful Activities Prevention Act (UAPA) over his social media posts, allegedly instigating Muslims to act against Hindus and create communal disharmony amongst different religions.The appellant, Bava Bahrudeen was booked for sedition,...

S.304A IPC | Punjab & Haryana High Court Reduces Sentence Of First Time Offender Who Caused Death By Rash & Negligent Driving

Punjab and Haryana High Court has recently modified and reduced the sentence of a truck driver whose rash and negligent driving caused death of a motorcycle rider, on the ground that he is first time offender and the incident took place almost 11 years ago. In the present case, the petitioner is a first-time offender and the occurrence is almost 11 years old, therefore, in view...

Karnataka Hijab Row: Madras High Court Grants Anticipatory Bail To TN Thowheed Jamath Members Accused Of Threatening Judges

The Madras High Court recently granted anticipatory bail to seven members of Tamil Nadu Thowheed Jamath who participated in the meetings against the recent Karnataka High Court Hijab judgment. The anticipatory bail was granted keeping in view that the prime accused had already been granted bail and after taking on record the joint affidavit filed by the petitioners tendering their...

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains

In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice, the court said. Referring to earlier judgments, the...

Electricity Consumer Liable To Pay Penalty/ Demand Surcharge If Consumption Is In Excess Of Sanctioned Load: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that in case of electricity consumption beyond the sanction load, the electricity consumer is liable to pay penalty in the form of demand surcharge.It thus dismissed an appeal against trial court's judgement granting mandatory injunction and restricting the respondents from discontinuing the appellant's electricity connection, subject...

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court

The Kerala High Court on Friday held that the production of succession certificate is mandatory as per Section 214(1)(b) of the Succession Act when the decree holder dies in cases where the decree amount comes under the category 'debts' or 'securities'.Justice A Badharudeen further added that when the decree holder dies after the deposit has been made, an exemption is made for the production...

Quality Of Legislative Performance Declining In Country; Laws Being Passed Without Detailed Deliberation & Scrutiny : CJI Ramana

Chief Justice of India NV Ramana on Saturday said that there is a general decline in the legislative performance in the country and that laws are being passed without due deliberation and scrutiny.Addressing a meeting at the Legislative Assembly of Rajasthan on the topic "75th year of Parliamentary democracy", the CJI said :"I hope I am proved wrong. But, sadly, the country is witnessing...

Allahabad High Court Refuses To Quash FIR Against Man Who Allegedly Called Prime Minister, Home Minister 'Dog'

The Allahabad High Court recently refused to quash the First Information Report filed against one Mumtaz Mansoori who allegedly called the Prime Minister of India, Narendra Modi, Union Home Minister of India, Amit Shah, and other Union Ministers as 'Dog'.The Bench of Justice Ashwani Kumar Mishra and Justice Rajendra Kumar-IV observed that although our Constitution recognizes freedom of...

Can Reappreciate Evidence In Appeal Against Acquittal But Strong Circumstances Needed To Reverse Order: Allahabad High Court

The Allahabad High Court has observed that in an appeal against the order of acquittal, there is no embargo for reappreciating the evidence and taking a different view; but there must be strong circumstances to reverse the order of acquittal. "In the appeal against order of acquittal, the paramount consideration of the appellate court should be to avoid miscarriage of justice.ere must be...

Centre Notifies Appointment Of 9 Additional Judges To Bombay High Court

The Central Government today notified the appointment of 9 Additional Judges to Bombay High Court.The names (all lawyers) proposed for elevation are :1. Kishore Chandrakant Sant,2. Valmiki Menezes SA,3. Kamal Rashmi Khata,4. Sharmila Uttamrao Deshmukh,5. Arun Ramnath Pednekar,6. Sandeep Vishnupant Marne,7. Gauri Vinod Godse,8. Rajesh Shantaram Patil, and9. Arif Saleh Doctor.It may be noted...