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Three Trees Cut Every Hour In Last 3 Yrs In Delhi: High Court Seeks Response From Forest Dept
The Delhi High Court on Monday sought response from the forest department after it was informed that three trees were cut every hour in the city, in the last three years; the figure excluding illegally felled trees.Justice Najmi Waziri, while hearing a contempt case concerning the preservation of trees in the national capital, came down heavily upon the authorities for not showing urgency...
'State Disaster Response Fund Cannot Be Diverted' : Supreme Court Asks AP Govt To Revert To SDRF Diverted Amount
While hearing a plea alleging State of Andhra Pradesh has transferred funds from the State Disaster Response Fund (SDRF), from where the ex-gratia compensation is being disbursed to the kin of the person who have lost their lives to COVID-19, to its personal deposit (PD) account, the Supreme Court, on Monday, noted money from the SDRF cannot be diverted or used for any other purpose and it...
Yemen National Moves Delhi High Court Against Max Hospital Over Alleged Confiscation Of His Family's Passports
A Yemen national has approached the Delhi High Court challenging the action of Max Super Specialty Hospital in the city, allegedly confiscating passports of his family following dispute over the medical bills.A single bench comprising Justice Yashwant Varma has taken cognisance of the matter and has sought response from the Delhi Police as well as the family's interpreter. It also took note...
Does A Writ Petition Lie Over An Election Dispute With Respect To RWA? Delhi High Court To Decide
The Delhi High Court is set to decide whether a writ petition seeking adjudication of a dispute with respect to election and constitution of Executive body of a Resident Welfare Association is maintainable.The issue was raised before a single bench of Justice Yashwant Varma in a petition challenging the legal validity of notice issued by GH-13 Resident Welfare Association calling General...
Separate Bail Application Not To Be Insisted When Accused Is Before Magistrate Under Sections 88,170, 204, 209 CrPC: Supreme Court
The Supreme Court observed that a separate bail application need not be insisted while considering the application under Section 88, 170, 204 and 209 of the Code of Criminal Procedure."There need not be any insistence of a bail application while considering the application under Section 88, 170, 204 and 209 of the Code", a bench comprising Justices SK Kaul and MM Sundresh ordered.Section 88...
Set-Off Under Section 428 CrPC Can't Be Claimed For Detention Undergone For Offence In Foreign Country : Supreme Court In Abu Salem's Case
The Supreme Court, on Monday, held that law pertaining to setting-off of the period of detention undergone by accused against their sentence under Section 428 of the Cr.P.C. would not have extra-territorial application to trial and conviction, when the same have taken place for a local offence in a different country. It reiterated that the accused cannot claim a double benefit under...
Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court
While passing a slew of directions to the Investigating Agency as well as the Courts with respect to the bail system prevalent in the country, on Monday, the Supreme Court held that an unexplained, avoidable and prolonged delay in concluding a trial, appeal or revision would be a factor for consideration of bail. A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh noted...
"Democracy Can Never Be A Police State ": Supreme Court Stresses Importance Of Bail; Issues Guidelines To Prevent Unnecessary Arrest & Remand
In a landmark judgment, the Supreme Court stressed the importance of the rule "bail over jail" and issued a slew of guidelines to prevent unnecessary arrest and remand.The judgment in the case Satender Kumar Antil versus Central Bureau of Investigation, delivered by a bench comprising Justices Sanjay Kishan Kaul and MM Sundersh, acknowledged that jails in India are flooded with...
A Report Under Section 99 Of IBC Cannot Be Filed By Resolution Professional Without The Adjudicating Authority's Directions: NCLT Mumbai
The National Company Law Tribunal, Mumbai Bench, comprising of Shri H. V. Subba Rao (Judicial Member) Shri Chandra Bhan Singh (Technical Member), while adjudicating a petition filed in Bank of Baroda Limited v Mr. Pawan V Kikavat, has directed the Resolution Professional to file a fresh a report under Section 99 of the Insolvency and Bankruptcy Code, 2016 ("IBC") for recommending...
If Sanction For Prosecuting Public Servant Under PC Act Is Denied, Prosecuting Agency Can't File Challan Under Other Penal Laws On Same Facts: J&K&L HC
The Jammu and Kashmir and Ladakh High Court on Friday held that once the Central Vigilance Commission after examining the material on record reaches a conclusion that no criminal offence is made out against the accused public servant and the said opinion is accepted by the competent authority, it is not open to the investigating agency to file a challan on the same set of facts against...
"Shaheen Bagh Dadi" Tweet: Punjab & Haryana High Directs Lower Court To Adjourn Defamation Case Against Kangana Ranaut Beyond Sept 8
The Punjab and Haryana High Court on Monday directed the Trial Court to adjourn criminal defamation proceedings initiated against Bollywood actress Kangana Ranaut over her 'Shaheen Bagh Dadi' tweet, beyond September 8, 2022.Justice Meenakshi I Mehta issued notice on Kangana's plea challenging the case filed by Mahinder Kaur. The actress was summoned by the Magistrate Court, Bathinda...