500 Supreme Court LiveLaw Citations 2022 Part 3 (Citations 201 to 300)

Constitution of India, 1950; Article 32 - Code of Criminal Procedure, 1973; Section 482 - Writ Petition, under Article 32 of the Constitution of India, for the relief(s) prayed to quash and set aside the criminal proceedings/FIR ought not to have been filed - It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. to be considered...

Orissa High Court Orders Compensation To Woman Who Got Pregnant Even After Undergoing Sterilization

The Orissa High Court has ordered compensation to a woman who got pregnant even after undergoing sterilization process conducted by the State. While criticising the State for not following the proper procedures, a Single Bench of Justice Arindam Sinha observed, "State not having itself followed the procedure to the letter cannot turn around and say that petitioner had omitted to act...

Preventive Detention Can't Be Invoked For Ordinary Law & Order Situation : Supreme Court

Stressing that the preventive detention law "strikes hard on the freedom and liberty of an individual, and cannot be exercised in a routine manner", the Supreme Court has observed that "the powers to be exercised under this law are exceptional powers which have been given to the government for its exercise in an exceptional situation".The Court has once again highlighted the distinction...

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022

Bombay High Court: Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd. versus Canara Bank Citation: 2022 LiveLaw (Bom) 224 The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies...

Citizens Should Work Tirelessly To Sustain Freedom, Liberty & Democracy Our Forefathers Fought For : CJI Ramana

After visiting the Independence Hall in Philadelphia, USA, Chief Justice of India NV Ramana spoke about the necessity of citizens working tirelessly to sustain and further the liberty, freedom and democracy which their forefathers fought for.In 1776, the Second Continental Congress signed the Declaration of Independence at the Independence Hall. Eleven years later, in the same room, delegates...

Advocates Shouldn't Advise Clients To Reagitate Matters If There Is No Error Apparent On Face Of Record: Allahabad High Court

In a significant remark, the Allahabad High Court has said that an advocate should not give such a piece of advice when there is no error apparent on the face of the record nor was there any other reason why the matter be re-agitated after it was finally decided.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed thus while dealing with a civil review...

Madhya Pradesh High Court Quarterly Digest: January To March 2022 [Citations 1-90]

NOMINAL INDEX Gangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another 2022 LiveLaw (MP) 1 Kamla Bai and Others v. The State Of Madhya Pradesh And Others 2022 LiveLaw (MP) 2 Jayesh Gurnani v. Madhya Pradesh State Election Commission & Ors 2022 LiveLaw (MP) 3 Dr. Vijendra Dhanware & Another v. The State of Madhya Pradesh and others 2022 LiveLaw...

Gujarat Police Takes Teesta Setalvad Into Custody From Mumbai After Supreme Court Ruling In Riots Case

The Gujarat Police's Anti-Terrorism Squad has taken activist Teesta Setalvad into custody from her residence at Mumbai a day after the Supreme Court ratified the clean chit to Prime Minister Narendra Modi in the 2002 Gujarat Riots Case. She is to be taken to Ahmedabad.She was one of the petitioners in the plea seeking probe into alleged larger conspiracy behind Gujarat riots, which the...

Supreme Court Weekly Round Up :June 19- June 25,2022

Supreme Court Judgements 1. 'Estoppel Cannot Override Law' : Supreme Court Accepts Unsuccessful Candidates' Challenge To Selection Process Held Against Regulations Case Title : Krishna Rai (Dead) Through LRs versus The Banaras Hindu University & Others Citation : 2022 LiveLaw (SC) 553 The Supreme Court recently held that the principle of estoppel...

Deliberately Concealing The Income, Assessee Can Be Prosecuted : Madras High Court

The Madras High Court has ruled that an assessee can be prosecuted for willfully and deliberately concealing his income by not filing his income tax return within the stipulated time, even after the return belatedly submitted by the assessee is accepted by the revenue authorities on the basis of which an assessment order is passed. The Single Bench of Justice G. Chandrasekharan...

Whether Income Tax Demand And Penalty Extinguished In CIRP ? Delhi High Court Stays Demand Notice

The Delhi High​​ Court bench of Justice Manmohan and Justice Manmeet Pritam Singh stayed an income tax assessment order and consequential demand and notice of penalty, which were assailed on grounds of being in contravention of the order of the National Company Law Tribunal (NCLT). An application filed by the Union of India (through the Ministry of Corporate Affairs) under...

Place Of Residence Of The Arbitrator Would Not Be The Seat Of Arbitration: Telangana High Court

The High Court of Telangana has held that the place of residence of the arbitrator would not determine the seat of arbitration. The Single Bench of Justice P. Sree Sudha held that merely because an arbitrator residing in Hyderabad has been appointed, it would not mean that only the Courts at Hyderabad would have the jurisdiction to decide all the matters arising out of...