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

Nominal Index [2022 LiveLaw (Cal) 177 To 2022 LiveLaw (Cal) 200]Rajinder Lohar v. The State of West Bengal 2022 LiveLaw (Cal) 177Aniruddha Prasad Singh @ Sinha v. The State of West Bengal 2022 LiveLaw (Cal) 178In the matter of: Parimal Sardar@Parimal Sikdar 2022 LiveLaw (Cal) 179Md Jamiruddin v. Union of India & Ors 2022 LiveLaw (Cal) 180Sova Rani Misra v. The State of West Bengal ...

Inadvertent Mistake By Court While Adjourning Matter Can't Take Away Valuable Right Of Party To Lead Evidence: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a revision petition filed under Article 227 of the Constitution of India challenging the order of the Trial Court which instead of adjourning the case for plaintiff's evidence, fixed it inadvertently for rebuttal evidence, held that the plaintiff-respondent cannot be deprived of her valuable right of leading evidence in the affirmative...

Ensure Strict Compliance With RERA On Transfer Of Apartment Common Areas: Orissa High Court Directs Inspector General Of Registration

In a significant order, the Orissa High Court has directed the Inspector General of Registration (IGR) to ensure strict compliance with the provisions of the Real Estate Regulatory Authority Act (RERA) and Rules made thereunder, until the apparent conflict between certain provisions of the RERA and the Odisha Apartment Ownership (Amendment) Rules, 2021 is reconciled. The...

Ex- Personnel Of Armed Force Reemployed In Govt. Services Not Entitled To Pay Scales At Par With His Last Drawn Pay: Supreme Court

The Supreme Court observed that an Armed Forces employee on reemployment in government service is not entitled to his pay scales at par with his last drawn pay in Armed Force.The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of Central Civil Services (fixation of Pay of Re­employed...

Past Service Not Forfeited For Calculation Of Pensionary Benefits If Subsequent Govt Job Is Taken With Permission From Competent Authority: Madras HC

The Madras High Court has held that a resignation shall not entail forfeiture of past service if it has been submitted with proper permission to take up another Government appointment, where service qualifies. In such circumstances, the period of service in the previous employment shall be taken into consideration for calculating the pension benefits under Tamil Nadu Pension...

S. 108 Customs Act | Managing Directors Of Companies To Be Summoned Only When Authorized Representatives Are Not Cooperating: Gauhati High Court

The Gauhati High Court has held that the Managing Director(s) of a company should not be directly summoned by authorities under Section 108 of the Customs Act. It clarified that ordinarily, authorized representatives of a company are to be summoned and Managing Directors can only be summoned if the former are not cooperating or if investigation is to be completed expeditiously, as the...

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court

Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge (Sr. Divn.), Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement after...

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

NOMINAL INDEX Essar Steel Limited & 1 other(s) v State Of Gujarat & 1 other(s) 2022 LiveLaw (Guj) 168 Jitendrabhai Arjanbhai Roy Versus The Director Of Agricultural Marketing And Rural Finance 2022 LiveLaw (Guj) 169 Axis Bank Limited vs State Of Gujarat 2022 LiveLaw (Guj) 170 Virani Enterprise vs State Of Gujarat 2022 LiveLaw (Guj) 171 M/S S K Industries Through...

Allahabad High Court Weekly Roundup: May 16 To May 22, 2022

NOMINAL INDEX Manvir v. State 2022 LiveLaw (AB) 242 Preeti Malik v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 243 Anwar Ali v. State Of U.P. And Anr 2022 LiveLaw (AB) 244 Rajneesh Kumar Pandey v. Union of India and others 2022 LiveLaw (AB) 245 Dashrath Singh v. State of U.P. and Others 2022 LiveLaw (AB) 246 Ankita Dikshit v. State Of U.P. And Anr. 2022 LiveLaw...

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

Nominal Index Prem Rajendra Prasad Dubey vs The State of Maharashtra 2022 LiveLaw(Bom) 190 Ganpatrao Janardhan Patil vs State of Maharashtra 2022 LiveLaw(Bom) 191 Bhavani Gems Private Limited Versus Assistant Commissioner of Income Tax 2022 LiveLaw(Bom) 192 Praful A. Mehta versus Nainesh M. Gandhi 2022 LiveLaw(Bom) 193 Souvenir Developers (I) Pvt. Ltd. versus Union...

'Continuing Unlawful Activity' For Gaining Advantages Other Than Economic Or Pecuniary Is Also An "Organised Crime" Under MCOCA: Supreme Court

The Supreme Court observed that continuing unlawful activity with the objective of gaining advantages other than economic or pecuniary is also an "organised crime" under Maharashtra Control of Organised Crime Act, 1999.There could be advantage to a person committing a crime which may not be directly leading to pecuniary advantage or benefit but could be of getting a strong hold or supremacy...

"Majority Of Parents Blame Daughter In Law If Their Son Dies Untimely": Allahabad HC Orders Compassionate Appointment For Widow

"...majority of the parents, whose son dies untimely, blame his widow for his death and want to get rid of her by resorting to all means, fair and foul, to deprive her of the estate of her husband," the Allahabad High Court observed as it ordered compassionate appointment for a widow.The bench of Justice Siddharth observed thus while hearing a plea filed by Deepika Sharma seeking a direction...