Supreme Court Quarterly Digest 2022 - Negotiable Instruments ACT (Jan - Mar)

Covid-19 - Extension of Limitation - Arbitration and Conciliation Act, 1996; Section 23(4), 29A - Commercial Courts Act, 2015; Section 12A - Negotiable Instruments Act, 1881; Section 138 - The period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of...

Receiving Proper Education Is A Fundamental Right Under Article 21A Of Constitution Of India: Allahabad High Court

The Allahabad High Court has recently observed that receiving proper education is a Fundamental Right enshrined under Article 21-A of the Constitution of India.The Bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi further observed that educational authorities must ensure that the grievance relating to the admission to an institution is redressed with promptness and does...

Allahabad HC's Direction To Constitute Family Welfare Committees To Look Into '498A' Complaints Violates Supreme Court Judgments

Taking 'guidance' from the judgment of the Supreme Court in Social Action Forum for Manav Adhikar Vs. Union of India, the Allahabad High Court recently directed constitution of 'Family Welfare Committee' to look into Section 498A IPC complaints.,Apparently, the Supreme Court judgment which guided the High Court, had declared that such directions are impermissible.The Supreme Court in...

District Forums To Decide Plea For Condonation Of Delay As Preliminary Issue Before Proceeding To Decide The Complaint On Merits: UP State Consumer Commission

The Uttar Pradesh State Consumer Disputes Commission by a recent judgment in the case of Balrampur Nursing Home vs. Shri Dhokhai while allowing a revision petition has held that as per the provisions contained in S. 69 of the Consumer Protection Act 2019, it is imperative for the District Consumer Forums to decide the Applications for Condonation of Delay as a preliminary...

If Party's Intention Not To Abandon Patent Application, High Court May Exercise Writ Jurisdiction To Extend Time For Filing Response To FER: Delhi HC

The Delhi High Court has observed that the High Court, in exercise of its writ jurisdiction could grant an extension in filing a response to an FER (First Examination Reports), given that the applicant did not have the intention to abandon its patent application.Justice Pratibha M Singh held that the consequence of a patent being abandoned and the Applicant being deprived of exclusivity for...

Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC

The Rajasthan High Court has observed that the courts should not rush to issue standing warrants and initiate proceedings under Sections 82 and 83 of the Code, unless they are satisfied that the accused is intentionally evading or circumventing the warrants in order to avoid the prosecution.Under Code of Criminal Procedure, Section 82 deals with the proclamation for person absconding,...

Sippy Sidhu Murder Case: Daughter Of Himachal Pradesh High Court's Acting Chief Justice Arrested By CBI

The Central Bureau of Investigation (CBI) has arrested the daughter of Himachal Pradesh High Court Acting Chief Justice Sabina, Kalyani Singh in connection with the 2015 Sippy Sidhu murder case. She has been sent to 4 days of judicial custody.A murder case in connection with the murder of Sukhmanpreet Singh Sidhu, alias Sippy Sidhu, a national-level shooter, and lawyer who was shot dead in...

Islamophobic Twitter Posts: Telangana High Court Issues Notice To Union Home Secretary In Contempt Plea For Failure To Initiate Criminal Action

The Telangana High Court has issued notice to the Union Home Secretary in a contempt petition filed for alleged willful disobedience of its order directing the Ministry to consider a representation seeking FIR against Twitter and its users, who are spreading communally charged hate messages through the microblogging website.The petitioner, Khaja Aijazuddin is an Advocate who had filed a...

Can Presume Marriage Has Broken Down If Separation Has Continued For Long & One Of Parties Move Divorce Plea: Punjab & Haryana HC

The Punjab and Haryana High Court observed recently that once the parties have separated and separation has continued for a sufficient length of time and any one of them presents a petition for divorce, it can well be presumed that the marriage has broken down."The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source...

Bombay High Court Quarterly Digest: January To March 2022 [Citations 1-111]

Nominal Index XXX vs State of Maharashtra 2022 LiveLaw (Bom) 1 Kishnabhai Nathubhai Ghutia & Anr Vs The Hon'ble Administrator Union Territory & Ors. 2022 LiveLaw (Bom) 2 Angre Port Private Ltd. Vs. TAG 15 (IMO. 9705550) & Anr 2022 LiveLaw (Bom) 3 Ms. Kanaka Kedar Sapre & Mrs. Sudha Mukund Shukla (Mother) vs . Kedar Narhar Sapre & others 2022 LiveLaw...

Order Of ITAT Is Based On Evidence, Findings Based On Facts, Madras High Court Dismisses Tax Appeal

The Madras High Court recently dismissed a tax appeal observing that there were no substantial question of law arisen for consideration. The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad were of the opinion that the order passed by the Commissioner of Income Tax (Appeals) which was confirmed by the Income Tax Appellate Tribunal was based on the evidence adduced before...

High Court Refuses To Appoint Retd Judge To Inquire Into Assault Allegations Levelled By Bombay Presidency Radio Club Against Advocate Ravi Goenka

In a setback for the Bombay Presidency Radio Club Ltd., one of the oldest clubs in the city, the Bombay High Court refused to appoint a new inquiry officer to investigate allegations of assault against club-member and advocate - Ravi Goenka. The club alleged that Goenka assaulted its employees on two occasions in 2018 and 2019 and an inquiry into these serious allegations...