Sufficient Material & Solid Reasons Required For Declining Parole: Punjab & Haryana High Court

The Punjab and Haryana High Court while allowing a criminal writ petition challenging refusal of parole to the petitioner-convict has held that release on parole is part of the reformative process. The bench comprising Justice G. S. Sandhawalia and Justice Vikas Suri further added that provisions of Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962 are a reformative...

Sufficiency Or Inadequacy Of Reasons To Believe Cannot Be Looked Into While Considering Validity Of Search & Seizure U/Sec 132 Income Tax Act: Supreme Court

The Supreme Court, in a judgment delivered on Wednesday, restated the principles in exercising the writ jurisdiction in the matter of search and seizure under Section 132 of the Income Tax Act."The sufficiency or inadequacy of the reasons to believe recorded cannot be gone into while considering the validity of an act of authorization to conduct search and seizure", the bench comprising...

Arbitration Clause Contained In A Tax Invoice Is Binding: Delhi High Court

The Delhi High Court has ruled that an arbitration clause contained in a tax invoice is binding between the parties. Noting that the opposite party had earlier received similar tax invoices, against which it had made payments, the Single Bench of Justice V. Kameswar Rao ruled that the party could not disown the clear stipulation contained in the tax invoice with regard to any dispute...

No Appeal Can Be Maintained By 'Victim' U/S 372 CrPC On The Ground Of Inadequacy Of Sentence: Allahabad High Court

The Allahabad High Court has reiterated that no appeal can be maintained by the victim under Section 372 CrPC on the ground of inadequacy of sentence and therefore, the appeal preferred by the 'victim' [as defined under Section 2w (wa) of the Cr.P.C.] of the crime against the inadequacy of sentence is not maintainable.The bench of Justice Mohd. Faiz Alam Khan in its order clarified that...

Animal Sacrifice During Bakrid Permissible Subject To Statutory Prohibitions: Gauhati High Court

The Gauhati High Court has made it clear that slaughter of animals on the occasion of Bakrid is permissible, subject to the prohibitions contained in various statutes including the Prevention of Cruelty Animal Act, 1960, the Food Safety and Standards Act, 2006 and the Assam Cattle Preservation Act, 2021.A bench comprising Justices Manash Ranjan Pathak and Manish Choudhury upheld...

Even If The Principal Agreement Is Non-Existent, The Arbitration Clause Would Still Apply: Delhi High Court

The Delhi High Court has ruled that even if the principal agreement is non-existent, the arbitration clause contained therein would still apply. The Single Bench of Justice V. Kameswar Rao observed that since the issue of limitation and arbitrability was not conclusive against the party, the issue was amenable to the jurisdiction of the Arbitral Tribunal. The petitioner...

Insurance Company Cannot Be Held Guilty Of Deficiency Of Service Solely For Delay In Processing/Repudiating Claims: Supreme Court

The Supreme Court observed that an insurer cannot be held guilty of deficiency in service solely for delay in processing the claim and delay in repudiation "They could be one of the several factors for holding an insurer guilty of deficiency in service. But it cannot be the only factor", the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed.The court observed thus...

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court

The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the trial. The...

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court

The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) is hopelessly time-barred, no arbitrator can be appointed by the High Court. The Single Bench of Chief Justice Ravi Shanker Jha was dealing with an application filed under Section 11 of the A&C Act...

Section 436A CrPC Applicable To Special Acts In Absence Of Any Specific Provision : Supreme Court

The Supreme Court observed that Section 436A of the Code of Criminal Procedure would apply to the Special Acts also in the absence of any specific provision.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh also added that this provision requires mandatory compliance and there is not even a need for a bail application in a case of this nature particularly when the reasons for...

MBBS : Whether Partial Payment Of Fees Without Submission Of Enrollment Form Amounts To Admission In Medical College? Plea In Supreme Court

A writ petition has been filed in Supreme Court raising question of law as to whether provisional admission letter downloaded from counseling website is a confirmation of admission and joining of a medical college or partial payment of fee towards the course without submission of enrollment form, scrutiny of original documents and various other undertakings and swearing of...

Delhi Riots: High Court Allows Impleadment Of Political Leaders In Pleas To Investigate Them For Alleged Hate Speeches

The Delhi High Court on Wednesday allowed the applications seeking impleadment of various political leaders and others, in the pleas seeking registration of FIRs against politicians for alleged hate speeches during 2020 Delhi riots.A division bench comprising of Justice Siddharth Mridul and Justice Amit Sharma orally said that any of the newly added respondents, who may wish to file a response...