'Vande Mataram' Song Be Honoured Equally With National Anthem 'Jana Gana Mana': PIL Filed In Delhi High Court

A Public Interest Litigation has been filed in the Delhi High Court seeking a declaration that the song 'Vande Mataram' shall be honoured equally with 'Jana-Gana-Mana' thereby having equal status with it in spirit of the Statement made by the Constituent Assembly Chairman Dr. Rajendra Prasad with regard to the National Anthem, on January 24, 1950. The plea filed by Advocate Ashwini Kumar...

Temperance & Dignity In Language Absolute Essence In Pleadings Filed In Judicial Proceedings: Delhi High Court

The Delhi High Court has observed that temperance and dignity in language is of absolute essence in pleadings filed in judicial proceedings. Justice C Hari Shankar further added thus:"It is not permissible for any litigant, especially in a petition filed through Counsel, to attribute qualities such as obstinacy to a judicial forum. Courts do not pass orders based on personal predilections, but...

"Joint Family" In DV Act Means Members Living Together As Family & Not As Understood In Hindu Law : Supreme Court

The Supreme Court in the recent judgment in the case Prabha Tyagi vs Kamlesh Devi has given an expanded meaning to the expression "joint family" used in Section 2(f) of the Protection of Women from Domestic Violence Act 2005.Section 2(f) of the Act defines "domestic relationship" as "a relationship between two persons who live or have, at any point of time, lived together in a shared...

'Pious Stream Of Justice' Must Not Be Polluted: Gujarat High Court Refuses Bail To Lawyer Accused Of Cheating & Criminal Breach Of Trust

While opining that it is a matter of shame for a lawyer to be involved in serious offences of cheating, criminal breach of trust and criminal intimidation, the Gujarat High Court has refused bail to the Applicant who had allegedly eloped for 3 years with a huge amount of money during the execution of a sale deed. The Bench comprising Justice Niral R Mehta observed,"applicant being...

While Contesting Application Under Order VII Rule 11 CPC Only Contents Of Plaint Are To Be Seen: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order vide which the application preferred by the defendant no.1 (petitioner) under Order VII Rule 11 of the Code of Civil Procedure, 1908 in a suit for declaration of title was dismissed, held that at the time of contesting the application under Order VII Rule...

Arbitrator Cannot Rewrite Terms Of The Agreement Merely Because It Flouts Business Common Sense: Delhi High Court

The High Court of Delhi held that the arbitrator cannot re-write the terms of the agreement between the parties merely because they flout business common sense. The Single Bench of Justice Vibhu Bakhru has held that an award wherein the arbitrator re-work a bargain between the parties merely because it is commercially difficult for one party to perform the same would be...

Rajasthan High Court Weekly Round Up: May 16 To May 22 ,2022

Nominal Index State Of Rajasthan, Through P.P v. Komal Lodha 2022 LiveLaw (Raj) 164 Simorna v. State of Rajasthan through PP 2022 LiveLaw (Raj) 165 M/s Vivek Pharmachem (India) Ltd. v. State Of Rajasthan & Anr. 2022 LiveLaw (Raj) 166 Om Prakash Kumawat v. Hero Housing Finance Ltd 2022 LiveLaw (Raj) 167 Asstt. Commercial Taxes Officer Versus M/s. Punusumi India Limited...

Tajinder Bagga Arrest Row: Punjab Police Moves Delhi High Court Challenging FIR Lodged By Delhi Police & Subsequent Proceedings

The Punjab Police has moved the Delhi High Court seeking quashing of the FIR registered by the city police, in connection with the arrest of BJP leader Tajinder Pal Singh Bagga, along with subsequent proceedings and orders passed by the Trial Courts here.The plea will be heard on Tuesday by a single judge bench comprising of Justice Anu Malhotra. Bagga was arrested by the Punjab Police...

Vehicle Can't Be Detained For Want Of Second E-Way Bill When The First Was Valid: Calcutta High Court

The Calcutta High Court bench of Justice T.S. Shivagnanam and Justice Hirnmay Bhattacharyya has held that the GST department cannot detain vehicles in the absence of a second e-way bill as the first e-way bill was valid in the interception period. The respondent/assessee submitted that the detention of the vehicle along with the goods and the demand for tax and penalty were...

Modvat Credit Can Be Availed On Steel Plates, M.S. Channels Used In Fabrication Of Chimneys For Diesel Generating Set: CESTAT

The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of P.K. Choudhary (Judicial Member) and P.V. Subba Rao (Technical Member) has ruled that the assessee is entitled to avail of modvat credit on steel plates and M.S. channels used in the fabrication of chimneys for the diesel generating set by treating them as capital...

Implement Order On Nurses' Salary In Pvt Hospitals Before July 12 : High Court Warns Delhi Govt Of Contempt Action

The Delhi High Court has pulled up the Delhi Government for not implementing an earlier order passed by it in the year 2019 regarding payment of nurses working in private hospitals as well as nursing homes.Observing that the conduct of the Delhi Government could be construed as wilful disobedience of judicial orders, Justice Subramonium Prasad expressed dissatisfaction by ordering thus: "It...

Section 405 IPC - Offence Of Criminal Breach Of Trust Is Not Attracted If There Was Not Entrustment Of Property With Accused: Supreme Court

The Supreme Court observed that the offence of criminal breach of trust under Section 405 will not be attracted if there was no entrustment of the property with the accused.Sine qua non for attracting Section 405 IPC is the entrustment of the property with the accused persons, the bench comprising Justices Indira Banerjee and CT Ravikumar observed.M/s Ramkey Reclamation and Recycling...