Accused Not Getting Proper Legal Assistance, His Counsel Being Threatened Not Grounds To Make Reference To High Court U/S 395 CrPC: Jammu & Kashmir HC

The Jammu and Kashmir and Ladakh High Court has recently observed that provision of Section 395 CrPC for making a reference to the High Court cannot be invoked merely because the accused is not getting any proper legal assistance or that his counsel has been threatened.Justice Pankaj Mithal observed:"Reference can be made to the High Court by the Session Judge only in the following...

Gujarat High Court Quarterly Digest: January To March 2022 [Citations 1-101]

CITATIONS- 2022 LiveLaw (Guj) 1 To 2022 LiveLaw (Guj) 101Monthly DigestsGujarat High Court Monthly Digest: January & February 2022 [Citations 1-59]Gujarat High Court Monthly Digest: March 2022 [Citations 60 To 101] NOMINAL INDEX M/S. Karnataka Traders V. State Of Gujarat; 2022 Livelaw (Guj) 1 Jagdeepbhai Chandulal Patel Vs Reshma Ruchin Patel; 2022 Livelaw (Guj) 2 The...

No Desertion/Cruelty If Wife Visits Her Parents' House Frequently Without Taking Husband's Consent: Allahabad High Court

The Allahabad High Court has observed that the act of the wife in visiting her parents house frequently without taking consent of her husband and other family members can neither constitute the offence of desertion nor amounts to cruelty.The Bench of Justice Sunita Agarwal and Justice Krishan Pahal observed thus as it allowed an appeal filed by the Appellant/wife challenging the judgment...

Calcutta High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index [Citations 225-234]State of West Bengal v. Purnima Kandu 2022 LiveLaw (Cal) 225Goutam Saren v. Union of India & Ors 2022 LiveLaw (Cal) 226Anup Gupta v. State of West Bengal and others 2022 LiveLaw (Cal) 227Protima Dutta v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 228Soumen Nandy v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 229Mousumi Narayan (Nee...

Gujarat HC Dismisses Plea Against Vadodara Urban Development Authority Demanding Betterment Charges At Stage Of "Preparing" Town Planning Scheme

The Gujarat High Court has dismissed a petition seeking a declaration that Vadodara Urban Development Authority (VUDA) was legally not entitled to demand betterment charges, incremental charges, contribution charges etc. at the time of preparing and sanctioning the draft Town Planning Scheme. While declining to exercise its extraordinary jurisdiction in the case, a Bench of Justice...

'Appears To Be A Big Scam': MP High Court Denies Bail To Janpad Panchayat CEO For Allegedly Embezzling Crores Of Rupees Under Vivah Sahayata Yojna

The Madhya Pradesh High Court, Gwalior Bench recently denied bail to the CEO of a Janpad Panchayat who allegedly embezzled money set out for the beneficiaries of the Vivah Sahayata Yojna. The Court observed that it was prima facie a white colour crime case and that it appeared to be a big scam where crores of Rupees were siphoned off- Further investigation is still going on regarding...

Kerala High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 259 - 273]Nushath Koyamu v. Union of India & Ors, 2022 LiveLaw (Ker) 259Sharafudheen V.T v. State of Kerala & Ors, 2022 LiveLaw (Ker) 260Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 261Anzar v. Sreedeviyamma & Anr, 2022 LiveLaw (Ker) 262Kerala State Board of International Human...

Object Of Engrafting Section 319 CrPC Is To Not Allow A Person Who Deserves To Be Tried To Go Scot-Free: Allahabad High Court

Explaining the scope and power of the court under Section 319 CrPC, the Allahabad High Court recently observed that this provision allows the court to summon those persons who are not named in the charge sheet to appear and face trial (in certain circumstances).The Bench of Justice Vikas Budhwar observed that the very object of engrafting section 319 Cr.P.C. is to not allow a person who...

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error

The Madhya Pradesh High Court, Gwalior Bench recently directed reinstatement of an Anganwadi Worker holding that the authorities did not follow the principles of natural justice while deciding her case. The Court further held that the plea of alternate remedy would not come to rescue of the State as the Project Officer took action against the Petitioner at the insistence of...

Each And Every Sanitary Worker Should Be Told About Their Rights & Entitlements In UP: Allahabad HC Directs UP Govt

In a significant order, the Allahabad High Court has directed the Uttar Pradesh Government to hand over every sanitary worker a printed pamphlet enlisting their rights and entitlements.In this regard, the Bench of Justice Chandra Kumar Rai and Justice Manoj Kumar Gupta has asked the State Government to prepare a brief one-page pamphlet specifying the rights and entitlements of the...

Karnataka High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index:CITATIONS: 2022 LiveLaw (Kar) 190 To 2022 LiveLaw (Kar) 203 ANAND C. @ ANKU GOWDA & others v. CHANDRAMMA 2022 LiveLaw (Kar) 190 ACHUT D. NAYAK & Others v THE SUB-DIVISIONAL MAGISTRATE & ANR 2022 LiveLaw (Kar) 191 NEW INDIA ASSURANCE COMPANY LIMITED v. ABDUL S/O MEHABOOB TAHASILDAR and C/W matter. 2022 LiveLaw (Kar) 192 DIVYA & ANR v. STATE OF...

Scope Of Judicial Review In Contractual Matters Involving Technical Issues Is Limited: Gujarat High Court Reiterates

Opining that the scope of judicial review in contractual matters, particularly which require technical know-how is limited, the Gujarat High Court has refused to interfere with the order passed by the Dispute Resolution Panel where the Petitioner's challenge to the show cause notices issued by Indian Oil Corporation were dismissed. The brief facts of the case were that the Petitioner...