Hyderpora Encounter | Exhume Body Of Amir Magrey, Pay ₹5 Lakh To Father If Body Not In State Of Delivery: Jammu & Kashmir High Court

The Jammu and Kashmir High Court recently directed the Central government authorities to exhume the body of Amir Magrey, killed in the Hyderpora encounter last year, and pay 5 lakhs to his father if the body is highly putrefied and not in a state of delivery.Justice Sanjeev Kumar directed the respondents to make appropriate arrangement for transportation of the dead body to the village of...

"Serious Allegations Of Committing Unnatural Sex With Wife Sans Her Consent": Allahabad HC Denies Anticipatory Bail To Man

The Allahabad High Court recently denied anticipatory bail to a man who has been accused of, inter alia, committing unnatural sex with his wife without her consent.The Bench of Justice Saurabh Shyam Shamshery denied pre-arrest bail to one Rahul noting that there are serious allegations against him of assaulting his wife, committing cruelty upon her wife with regard to demand of dowry,...

Haridwar Dharam Sansad Hate Speech Case: Uttarakhand High Court Grants Bail To Sagar Sindhu Maharaj

The Uttarakhand High Court last week granted bail to Sagar Sindhu Maharaj alias Swami Dinesh Anand Bharti in connection with Haridwar Dharam Sansad Hate Speech Case.The Bench of Justice Narayan Singh Dhanik granted him bail on the condition of executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of the Court concernedEssentially, an FIR had...

Punjab & Haryana High Court Grants Bail To Man Arrested Over Making 'Inappropriate' Comments Against Guru Nanak Dev Ji

The Punjab and Haryana High Court on Tuesday granted bail to a man arrested over an alleged inappropriate comment against Shri Guru Nanak Dev Ji and his father which was offensive to the followers of the Sikh Religion.The Bench of Justice Harinder Singh Sidhu granted bail to one Vasu Syal as it noted that he is under custody since November 2021 and the investigation in the case is complete...

Supreme Court Weekly Round-Up: May 23 To May 29, 2022

Supreme Court Judgements 1. Ex- Personnel Of Armed Force Reemployed In Govt. Services Not Entitled To Pay Scales At Par With His Last Drawn Pay: Supreme Court Case Title: Union of India vs Anil Prasad |CA 4073 OF 2022 Citation: 2022 LiveLaw (SC) 513 The Supreme Court observed that an Armed Forces employee on reemployment in government service is not entitled to his...

Right To Get Cremated As Per Religious Obligations Guaranteed Under Article 21: J&K&L High Court

The Jammu and Kashmir High Court recently directed the Central government authorities to exhume the body of Amir Magrey, a person killed in the Hyderpora encounter last year. While passing the aforesaid direction, Justice Sanjeev Kumar observed that the right to life as guaranteed by Article 21 extends to treat the dead body of a deceased person with respect. "Without dilating...

Insolvency Law in Review – February & March 2022

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...

A Party Cannot Dispute The Jurisdiction On Account Of Non-Existence Of The Arbitration Agreement After Submitting Of The Jurisdiction Of The Arbitrator: Delhi High Court

The High Court of Delhi held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement after submitting to the jurisdiction of the arbitrator. The Single Bench of Justice Vibhu Bakhru held that generally, the arbitration clause contained in the main agreement would also fall when the validity of the main agreement is challenged and the...

Uttarakhand Government Forms Expert Committee To Examine & Implement Uniform Civil Code In State

On May 27, the Uttarakhand government formed an expert committee for examining and implementing the Uniform Civil Code (UCC) in the state. The panel shall be headed by retired Supreme Court judge Ranjana Desai, who currently heads the Delimitation Commission of India.The other members of the committee include former Chief Justice of Sikkim High Court Permod Kohli, social activist Manu...

Loss Arising Out Of Sale Of Government Securities Is A Trading Loss: ITAT

The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) held that the loss arising out of the sale of government securities is a trading loss. The two-member bench of Duvvuru Rl Reddy (Judicial Member) and S. Balakrishnan (Accountant Member) observed that the treatment of securities of the AFS (available for sale) categories has to be seen in contradiction and contrast...

Plaint Seeking Excavation Of Idols Allegedly Buried In Agra Mosque: Mathura Court Returns It For Want Of Notice To UOI

A fresh plaint claiming that jewel-studded idols from Mathura's Keshav Dev temple were buried under the stairs of the Begum Sahiba Mosque near Deewan-e-Khas in the Agra Fort, was returned by the Mathura Court yesterday for want of notice to UOI under Section 80 of the CPC.Although the plaint was filed under Section 80(2) of the Code of Civil Procedure for dispensing with the notice (of 60...

Madras High Court Upholds Validity Of Section 6 Of The Tamil Nadu Value Added Tax Act 2006

The Madras High Court recently upheld the validity of amendments made to Section 6 of The Tamil Nadu Value Added Tax Act, 2006. The court observed that in matters relating to tax, the interest of the State must be considered as against the interest of certain individuals. The court also discussed the power of the legislature in taking decisions with respect to tax "The hardship that...