Delhi High Court Weekly Round Up: May 9 To May 15, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 425 TO 2022 LiveLaw (Del) 449Case Title: BELA CREATION PVT LTD v. ANUJ TEXTILES 2022 LiveLaw (Del) 425 Case Title: Amit Gupta Vs Directorate General of GST Intelligence Headquarters 2022 LiveLaw (Del) 426 Title: NIKITA CHANDEL v. STATE OF NCT OF DELHI and other connected matters 2022 LiveLaw (Del) 427 Title: GEETA SINGH v. PRADEEP SINGH 2022...

Gyanvapi Mosque Survey An Attempt To Disrupt Communal Harmony, Violates Places Of Worship Act : Mosque Committee Tells Supreme Court

"An attempt to disturb the communal peace and harmony and in contravention to the Places of Worship Act" the Anjuman Intezamia Masajid Management Committee has argued before the Supreme Court while challenging the survey ordered by a Varanasi court in Gyanvapi Mosque premises on a plea by a few Hindu devotees.The present special leave petition has been filed challenging the recent order of...

Mere Pendency Of An Insolvency Petition Is Not A Bar To The Appointment Of The Arbitrator: Delhi High Court

The High Court of Delhi has held that the mere pendency of an insolvency petition under Section 9 of the IBC is not a bar to the appointment of an arbitrator. The Single Bench of Justice Sanjeev Sachdeva has held that merely because an insolvency petition is pending, it cannot be an embargo on the power of the Court to decide arbitration applications. It is only when...

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act

Observing that no untoward incident has taken place since the persons accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were released on bail, the Gujarat High Court has refused to entertain an application preferred by the complainant for cancellation of bail.Bench comprising Justice Ashutosh Shastri observed,"Trial is already set on motion and the...

Accused Undergoes 2 Extra Years Custody After Trial Court Misinterprets SC Order; Supreme Court Seeks Action Against Judge

The Supreme Court, on Monday (9th May), expressed concern that misinterpretation of its order by a trial court judge in Andhra Pradesh, resulted in the accused languishing in custody even after securing interim bail from the Apex Court. Perturbed by the fact that, in the present case, where custody for 9 years was found to be sufficient to enlarge him on bail, the accused had...

Both Signature & Thumb Impression Are Not Mandatory For A Pro-Note Under Negotiable Instruments Act: Madras High Court

The Madras High Court bench of Justice Teeka Raman has held that it is not mandatory under the Negotiable Instruments Act 1881 to obtain both signature and thumb impression for a pro-note to be valid. The court also opined that when the defendant had not denied the execution of the pro-note, the lower appellate court could not raise suspicion with regard to the execution of the note merely...

Remission To Be Considered By Govt Of The State Where Crime Was Committed, Even If Trial Was Transferred To Another State : Supreme Court

The Supreme Court observed that the remission or pre­mature release in terms of the policy which is applicable in the State where the crime was committed has to be considered.The bench comprising Justices Ajay Rastogi and Vikram Nath observed that the appropriate Government under Section 432(7) CrPC can be either the Central or the State Government but there cannot be a concurrent...

Condonation Of Delay | S.5 Limitation Act Not Applicable To Proceedings U/S 34 Arbitration & Conciliation Act: Rajasthan High Court

The Rajasthan High Court has observed that the provision of Section 5 of the Indian Limitation Act does not apply to the proceedings contained under Section 34 of the Arbitration and Conciliation Act, 1996.Justice Anoop Kumar Dhand, while dismissing an appeal preferred by the State government observed,"In view of the discussions made above, this Court of the opinion that the application...

Record Disposals At 2nd National Lok Adalat Of 2022 Despite Scorching Summer In North India

The Second National Lok Adalat (NLA) for current calendar year was held on 14th May 2022 by NALSA in 24 States/UTs across the country, under the aegis of National Legal Services Authority (NALSA) in both physical and virtual or hybrid mode. Mr.Justice Uday Umesh Lalit, judge of the Supreme Court and the Executive Chairman, NALSA, inaugurated the National Lok Adalat in the District...

CP Sudhakara Prasad, Former Advocate General Of Kerala, Passes Away

C P Sudhakara Prasad(81), Senior Advocate and former Advocate General of Kerala, passed away. He served as the Advocate General of Kerala from 2006 to 2011 and 2016 to 2021. He was also the Chairman of the Kerala State Bar Council from 2016 to 2019....

Senior Advocate Yatin Oza Extends Apology To Justice RM Chhaya For Remarks Made Against Him

While congratulating Justice RM Chhaya over his proposed elevation as the Chief Justice of Gauhati High Court, Senior Advocate Yatin Oza, in a letter written to Justice Chhaya, has apologized for his 'remarks' made against him in June 2020.It may be noted that as of now, there has been no 'official' communication regarding the recommendation made by the Supreme Court Collegium to elevate...

"Accused Left Indelible Mark Of Devastation On 3 Yr Old Girl's Mind & Body": Madhya Pradesh High Court Upholds Life Sentence

The Madhya Pradesh High Court (Indore Bench) recently upheld the life sentence awarded to a man for raping a 3-year-old girl. The court noted that the accused had left an indelible mark of devastation on the mind and body of the victim.The Bench of Justice Satyendra Kumar Singh and Justice Subodh Abhyankar observed that in view of the rights and plight of the victim and her family members,...