All High Courts Weekly Round-Up [June 13 - June 19, 2022]

Allahabad High Court NOMINAL INDEX Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others Mokhtar Ansari v. State of U.P Prabhakar Pandey Vs. State Of U.P. And Others Anoop Kumar Singh And Another Vs. State Of U P And 2 Others Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu....

NEET-SS 2021 : Supreme Court Dismisses Plea Seeking To Make Available 92 In-Service Quota Seats Surrendered By Tamil Nadu To All Candidates

The Supreme Court on Thursday dismissed a writ petition seeking to declare the 92 in-service quota seats of NEET SS 2021 surrendered by the State of Tamil Nadu as newly added seats and make them available to all candidates irrespective of their joining in earlier rounds.The Court referred to the order passed on May 9 by which mop-up round was allowed for all the...

S 311 CrPC - Witness Can't Be Recalled Merely Because He Gave A Different Statement In Another Case Relating To Same Incident : Supreme Court

The Supreme Court has held that "merely because a different statement was given by the same prosecution witness in another case relating to the same incident, that itself would not be a reason for recalling the witness under section 311, Cr. P. C." The petitioner is facing trial in a murder case. In 2014, during the trial, one prosecution witness named Naushad gave a statement that he...

NEP Not Backed By Statute, State Not Obligated To Implement It: TN Govt Tells Madras High Court

The Tamil Nadu government has told the Madras High Court that the National Education Policy does not have any statutory backing and hence, there is no statutory obligation on the state to implement the same.The development comes in a counter affidavit filed by the Joint Secretary to Government, Higher Education Department in response to a plea filed by one Arjunan Elayaraja seeking...

Punjab & Haryana High Court Weekly Roundup: June 13 - June 19, 2022

Nominal Index [2022 LiveLaw (PH) 142 - 2022 LiveLaw (PH) 156]Raj Kumar v. State of Haryana and Others 2022 LiveLaw (PH) 142 National Highway Authority of India v. Competent Authority, Land Acquisition-cum-District Revenue Officer, Ludhiana and others, with connected matters 2022 LiveLaw (PH) 143 Ashok Kumar Versus State of Haryana 2022 LiveLaw (PH) 144 DHANPREET SINGH AND ANR V. STATE...

'Can Be Listed Only After Placing Before CJI' : Supreme Court Vacation Bench On Plea To Sack Delhi Minister Satyender Jain & Maharashtra Minister Nawab Malik

The Supreme Court on Thursday told Advocate Ashwini Updahyay that the PIL seeking direction to Delhi Governmentt to sack its Health Minister Satyendar Jain & to Maharashtra Government to sack its Cabinet Minister Nawab Malik, in connection with money laundering cases being investigated against them, could only be posted after it us placed before the Chief Justice of...

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court

The Kerala High Court has held that a delinquent's right to receive the enquiry report is considered an essential part of a reasonable opportunity to be extended to them and a refusal to furnish the report amounts to a denial of their right to defend themselves in the disciplinary proceedings. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P also held that...

S 171 Contract Act - Bank Can't Retain Title Documents After Repayment Of Loan Citing Pendency Of Another Loan : Bombay High Court

A bank cannot retain title documents of a borrower's house after repayment of a loan, citing general lien on documents, merely because of pendency of another loan, the Bombay High Court has held. The bench partly-allowed a borrower's writ petition and directed Union Bank of India to handover title documents of his flat despite recovery proceedings, for another unpaid loan by...

Award Holder U/S 36 Of Arbitration Act Entitled To Be Secured Of Entire Award Value: Calcutta High Court

The Calcutta High Court on Wednesday observed that an award holder has the statutory safeguard under Section 36 of the Arbitration and Conciliation Act, 1996 (Act) to secure the entire arbitral award amount even during the pendency of an application for setting aside of the award and that such a security must be real and not illusionary or insignificant.Justice Shekhar B. Saraf was...

Accused Being Harassed By Investigating Officer In A Bid To Purchase His Land In Tribal Belt: Gauhati High Court Orders Change Of IO

The Gauhati High Court, on Tuesday, directed the Commissioner of Police to change the investigating officer of a theft case, after the accused alleged that the present IO was acting out of personal vendetta against him due to a dispute between them over a tribal land.The petitioner had been arrested for the theft of two motorcycles which were later recovered by the police. Submitting that...

Sister Abhaya Murder Case: Kerala High Court Grants Bail To Convicts Sister Sephy, Father Kottoor With Conditions

The Kerala High Court on Thursday allowed the applications filed by convicts Sister Sephy and Father Thomas Kottoor seeking suspension of the life sentence imposed on them in the sensational Sister Abhaya murder case.A Division Bench of Justice K Vinod Chandran and Justice C. Jayachandran thereby granted bail to the convicts with the condition to execute bonds of Rs. 5 lakh each and two...

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'). The Court was of the opinion that Trial Courts are required to attract 'specific attention' of accused to those materials which are likely...