Section 47 CPC Application Is Not Maintainable In Execution Proceedings Under Arbitration Act, 1940: Allahabad High Court

The Allahabad High Court held that an application under Section 47 of the CPC is not maintainable in the execution proceedings under Section 17 of the Arbitration Act, 1940. The Single Bench of Justice Piyush Agarwal held that an arbitration award is not a decree as defined under section 2(2) of CPC and therefore, the objection under section 47 of CPC, which can be filed only in...

Indrani Mukherjea Approaches Bombay High Court To Quash Prison Rioting Case, Accuses Jail Authorities Of Violence

Indrani Mukerjea, the co-founder of INX Media and murder accused, has moved Bombay High Court seeking to quash a prison rioting case against her which had brought to the fore the custodial death of a life convict, Manjula Shetye, inside Byculla prison in 2017. In her plea filed through Advocate Sana Raees Khan, Indrani claimed that the police registered the FIR to harass and torture...

Varanasi Court To Hear Suit Seeking Right For Hindus To Worship Deities Reportedly Found Inside Gyanvapi Mosque On July 8

The Varanasi Fast Track Court will hear on July 8 a fresh suit filed by Hindu parties seeking permission to worship the deities (Shiva Linga) reportedly found in the Gyanvapi Masjid.The Court has sought the response of the Masjid Committee to the new suit. On May 25, this suit was transferred to the fast track court.Today, the case was transferred from Civil Judge - Senior Division to Civil...

Karnataka HC Directs Police To Investigate Allegations Of Unnatural Sex Leveled Against IIT'ian Husband By Wife Also Pursuing Doctorate At IIT

The Karnataka High Court has directed the police to investigate alleged charges of performing unnatural sex, levelled against a husband by his estranged wife. A single judge bench allowed the petition filed by the wife seeking further investigation on her complaint after the police filed a chargesheet against the husband only under section 498-A of the Indian Penal Code and dropped...

Gyanvapi Case: Anjuman Committee Opposes Maintainability Of Hindu Worshippers' Suit, Next Hearing On July 4

The Varanasi District Court today heard the Order 7 Rule 11 CPC application filed by the defendants (including the Anjuman Islamia committee) questioning the maintainability of the suit filed by five Hindu women (plaintiffs) over the Gyanvapi Mosque-Kashi Vishwanath temple dispute.The District Judge Dr. Ajay Krishna Vishwesha has posted the matter for next hearing on July 4.On May 24, the...

"It's A Shameful Situation": Delhi High Court Directs SDMC To Expeditiously Carry Out Road Repair Works Near Kotla Mubarakpur Area

The Delhi High Court has expressed dissatisfaction at the road conditions in city's Kotla Mubarakpur area, and has directed the South Delhi Municipal Corporation to expedite the work of laying fresh surface on existing roads so that the residents of the area are able to commute on these roads without any difficulty. On a perusal of the photographs presented by the Petitioner in...

Gauri Lankesh Murder Trial: Bengaluru Court To Conduct Day To Day Hearing For A Week Every Month, First Session From July 4

A special court hearing the alleged murder case of journalist Gauri Lankesh has said that it would hear the case on a day to day basis for a week every month as per the convenience of the parties. The next session of the trial would be between 4th to 8th of July 2022. A Session court judge in its order said, "After having a case management hearing, both the sides agree that the trial...

Onus To Prove Identity, Creditworthiness And Genuineness Of Transaction Lies On Assessee: Pune ITAT

The Pune Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Partha Artha Sarathi Chaudhury (Judicial Member) and Inturi Rama Rao (Accountant Member), has ruled that the onus to prove identity, creditworthiness, and genuineness of a transaction lies with the assessee. The assessing officer found that during the year under consideration, the share capital of the company...

"We Come To Court Everyday": Supreme Court Vacation Bench Insists On Lawyers' Physical Presence

A vacation bench of Justices Ajay Rastogi and BV Nagarathna on Monday insisted for physical presence of lawyers for arguing cases instead of they making their appearance through video conferencing. "We come to court everyday. Only lawyers who are physically present, we'll give them indulgence," the bench remarked. The remarks came in cases where Senior Advocate(s) Mukul Rohatgi,...

Right To Nutritious Food Under Article 21: Karnataka High Court Directs State Govt To Forthwith Implement ICDS Scheme

The Karnataka High Court has directed the State Government to forthwith take necessary steps to implement the Integrated Child Development Services Scheme (ICDS Scheme) in the state. Otherwise, the Court observed that the fundamental right to nutritious food of 50 lakhs beneficiaries in Karnataka, particularly of pregnant women, lactating mothers and children, stand violated. A...

[Gyanvapi] Lord Vishweshwara Through Next Friend Move Varanasi Court Seeking Impleadment In Suit By Hindu Worshippers

In the suit filed by five Hindu women (plaintiffs) over the Gyanvapi Mosque-Kashi Vishwanath temple dispute seeking the right to worship inside the masjid premises, an impleadment application has been moved by Lord Vishveshwara through next friend Advocate Vijay Shankar Rastogi.The suit is presently being heard by District Judge Dr. Ajay Krishna Vishwesha on the question of...

Restoration Applications Are To Be Dealt With Liberally, Right To Represent One's Cause Before Court Is A Fundamental Right: Delhi High Court

The Delhi High Court has observed that the restoration applications are to be dealt with liberally as the right to represent one's cause before a Court is a fundamental right.Justice C Hari Shankar was dealing with a plea challenging an order passed by the Senior Civil Judge which had dismissed a restoration application filed by the petitioner. The petitioner contended, in the...