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

Nominal Index: Ashwini v. State of Karnataka, 2022 Livelaw (Kar) 160 Prashanth Sambargi v. The State of Karnataka And Anr, 2022 Livelaw (Kar) 161Injamam Shariff v. State of Karnataka, 2022 Livelaw (Kar) 162Good Shepherd Convent v. State of Karnataka And Others, 2022 Livelaw (Kar) 163Chief Executive Officer and Anr v. K.V.Puttaraju, 2022 Livelaw (Kar) 164Sushil Goel And Anr v. State At...

Not Pressing Criminal Appeal By Accused After Conviction By Lower Court Is Like Confession Of Offence: Allahabad High Court

"Not pressing the criminal appeal after the conviction of the accused by the court below is like the confession of the offence by the accused," the Allahabad High Court observed recently as it upheld the conviction of a man under Section 354 IPC [Assault or criminal force to woman with intent to outrage her modesty].The Bench of Justice Suresh Kumar Gupta however reduced the sentence of...

Disha Case : Judicial Commission Faults Police For Not Registering FIR On Woman Missing Complaint Citing Lack Of Jurisdiction

In relation to the alleged encounter killings of the accused in the gang rape and murder of a 26-year-old veterinary doctor(Disha case), the judicial enquiry commission appointed by the Supreme Court has found fault with the Telangana police for refusing to register the FIR, when the parents of the victim had complained about her missing.The Commission noted that the police turned away...

Arbitration Cases Weekly Round-Up: 15th May to 21st May, 2022

Bombay High Court: Novation Of Partnership Deed, Arbitration Clause Contained In The Deed Can Be Invoked: Bombay High Court Case Title: Praful A. Mehta versus Nainesh M. Gandhi The Bombay High Court has ruled that the allegation of forgery is required to be dealt with at the stage of trial before the Arbitrator. The Single Bench of Justice A. K. Menon dismissed the...

Non-Payment Of TDS Amount Not A Ground For Initiating CIRP: NCLAT Delhi Imposes Cost Of Rs. 1 Lakh On The Applicant

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Ms. Shreesha Merla (Technical Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Amitabh Roy v Master Development Management (India) Pvt. Ltd, has held that an application under Section 9 of the Insolvency and Bankruptcy...

Supreme Court Seeks Response Of Union & States On Plea For Guidelines To Prevent Sexual Harassment Of Students In Schools

The Supreme Court on Thursday issued notice in a writ petition seeking protection of children from any kind of harassment including the sexual harassment being carried out at educational institutions. The bench of Justices Indira Banerjee and CT Ravikumar sought responses of the Union and the States. The petition which was filed by Nakkheeran Gopal, Editor, Publisher and Printer...

S.11 Arbitration Act | Interested Party Cannot Appoint An Arbitrator To Decide Disputes Between Parties: Calcutta HC

The Calcutta High Court on Tuesday while adjudicating upon an application under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) held that it a settled law that neither an interested party can be appointed as an arbitrator nor can the said interested party appoint an arbitrator to decide the disputes between the parties.Justice Shekhar B. Saraf observed, ".. a sole arbitrator...

"Deposit ₹25K In UP Gosewa Ayog": Allahabad High Court Imposes Bail Condition On Man Booked Under 'UP Cow Slaughter Act'

The Allahabad High Court recently granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955 on the condition that she shall deposit Rs. 25,000/- in 'UP Gosewa Ayog, Lucknow' within four weeks from the date of his release from jail.The bench of Justice Saurabh Lavania issued this order while granting bail to one Sonu Kasai, who was booked under Sections 3/5/8...

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

NOMINAL INDEXCitations 2022 LiveLaw (Del) 450 TO 2022 LiveLaw (Del) 482Case Title: ASHISH v. CENTRAL BUREAU OF INVESTIGATION 2022 LiveLaw (Del) 450Case Title: DR VIMLA MENON AND ANOTHER v. GOPINATH MENON 2022 LiveLaw (Del) 451Case Title: RASHI MISRA v. B KALYANA RAMAN 2022 LiveLaw (Del) 452Case Title: National Highway Authority of India versus MEP Chennai Bypass Toll Road Pvt. Ltd. &...

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family(HUf) by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the...

Shiksha Karmis In Chhattisgarh Cannot Claim Parity In Pay-Scale With That of Municipal Teachers: Supreme Court

The Supreme Court held that Shiksha Karmis in Chhattisgarh cannot claim parity in pay-scale with that of Municipal teachers on the principle of equal pay for equal work.In this case the writ petitioners before the High Court of Chhattisgarh were appointed as Shikha Karmis under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998. Their writ...

'Ragging Is Antithetical To Equality': Calcutta HC Orders University Students To Pay Medical Expenses Of Injured Students, Engage In Community Service

The Calcutta High Court on Thursday directed students of a university who had been found to have engaged in ragging to pay for the medical treatment of the injured students and also participate in community service by teaching school students in a bid to deter the repetition of such acts. Justice Moushumi Bhattacharya came down heavily on the errant students by observing, "The petitioners...