Filings Without Mandatory Documents Not Valid, Date Of Filing To Be Considered When Petition Is Re-Filed With All Materials: Delhi High Court

The Delhi High Court has held that an initial filing unaccompanied with mandatorily required documents could not be considered as a valid filing. Thus, the first date of filing has to be considered the date on which the petition is re-filed with all valid documents. In this case, the petition was filed against an Arbitral award under Section 34 of the Arbitration and Conciliation Act,...

Heroin Smuggling Case: Gujarat High Court Grants 3 Days' Bail To Accused Rafik Adam Sumra On Daughter's Nikaah

The Gujarat High Court has granted temporary bail of three days to Rafik Adam Sumra, accused in the infamous heroin smuggling case of 2018, for attending the marriage ceremony of his daughter. A Bench comprising Justice Vipul Pancholi and Justice Sandeep Bhatt ordered that Rafik shall be released on temporary bail during the period from July 16 to July 18, 2022, with police escort, on...

Rajasthan High Court Weekly Round-Up: June 27 To July 3, 2022

Nominal Index Gopi Kishan v. State Of Rajasthan, Through Pp with connected matter 2022 LiveLaw (Raj) 197 Pradeep Kumar Sharma & Anr. v. Municipal Corporation, Jaipur 2022 LiveLaw (Raj) 198 Pooja Gurjar & Anr. v. State Of Rajasthan & Ors. 2022 LiveLaw (Raj) 199 Jaswant Singh & Ors. v. Staff Selection Board, Jaipur & Ors. 2022 LiveLaw (Raj) 200 Puneet...

BREAKING: Actor Assault Case| Kerala High Court Allows Crime Branch's Plea Seeking Forensic Analysis Of Memory Card

The Kerala High Court on Tuesday allowed a petition moved by the Crime Branch challenging the order of the Ernakulam Additional Special Sessions Court which rejected its petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination.Justice Bechu Kurian Thomas accordingly set aside the trial court's order...

Judges Must Refrain From Making Derogatory Remarks Against Parties Unless Absolutely Necessary For Deciding Case: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Monday observed that Judges should refrain from making harsh or disparaging remarks against counsels, parties or witnesses, unless it is absolutely necessary for deciding the case and until they are heard.The bench comprising Justice Mohan Lal remarked that Judges hold a "powerful seat" which must not be misused by indulging in intemperate...

Supreme Court Criminal Digest: June 2022

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Saud Faisal v. State of Uttar Pradesh, 2022 LiveLaw (SC) 556 Code of Criminal Procedure 1973; Section 482 - While exercising jurisdiction under Section 482 of the Cr.P.C., the High...

CPC | Order VI Rule 17 Obligates Litigant To Make All Amendments Necessary For Determining Real Questions In Controversy: Delhi High Court

The Delhi High Court has held that Order VI Rule 17 of CPC casts an obligation on the litigant to carry out all such amendments as are necessary for the purpose of determining the real question in controversy. A single judge bench of Justice C. Hari Shankar observed that the use of word "shall" later in Order VI Rule 17 is mandatory in nature."It casts an obligation and a duty to carry...

College Excursion Bus Catches Fire After Worker Sets Off Firecrackers On Its Roof: Kerala High Court Seeks State's Response

While adjudicating upon a suo motu case regarding the increasing number of road accidents, the Kerala High Court on Monday asked the State government to file a report on the incident where a tourist bus caught fire after firecrackers were set off on its roof before venturing on a college excursion last month.A Division Bench of Justice Anil K Narendran and Justice P.G Ajith Kumar listed...

Law Is Worth Tinsel If Underprivileged Can't Get Justice, Courts Need To Be Sensitized: Delhi High Court

While granting relief to five jhuggi dwellers in the city, the Delhi High Court has observed that when the poor and deprived knock at the doors of the Court, it is required to be sensitive and sensitised in equal measure.Justice C Hari Shankar further observed that the Court is required to remain alive to the fact that such litigants do not have access to exhaustive legal resources."Law, with...

Bail Granted To PC George In Sexual Assault Case Challenged Before Kerala High Court

A prime accused in the solar panel scam has moved the Kerala High Court challenging the bail granted to former MLA PC George in the sexual harassment case. PC George was arrested by the Cantonment Police from Thiruvananthapuram on Saturday based on a complaint alleging that he sexually harassed the accused in the solar panel case at a guest house. Upon reaching the guest house, it is alleged...

Man Arrested & Remanded In Maharashtra Despite Supreme Court's Interim Protection; SC Expresses "Serious Concern"

The Supreme Court today disapproved the act of the Maharashtra police obtaining a non-bailable warrant (NBW) against a man and also of the order of the Magistrate sending him to judicial custody despite the fact that an interim order staying his arrest was passed by the Apex Court itself.A vacation bench of Justice Dinesh Maheshwari and Justice Krishna Murari was dealing with the plea of...

Non-Submission Of Certified Copy of GST Order Appealed Against Within 7 Days Is A Mere Technical Defect: Orissa High Court

The Orissa High Court has held that the non-submission of a certified copy of the GST order appealed against within 7 days is a mere technical defect. The division bench of Justice Krushna Ram Mohapatra and Justice Murahari Shri Raman has observed that on the altar of default in compliance of a procedural requirement, the merit of the matter on appeal cannot be sacrificed. "Since...