All High Courts Weekly Round-Up [May 2 - May 8, 2022]

ALLAHABAD HIGH COURT Dr. Ayub v. State of U.P. and Another 2022 LiveLaw (AB) 222 Sushil Kumar And 6 Others v. State of U.P. and Another 2022 LiveLaw (AB) 223 Suresh Yadav v. State Of U.P. Thru Addl.Chief Secy Deptt. Of Home 2022 LiveLaw (AB) 224 Jitendra Kumar v. Anil Kumar And Another 2022 LiveLaw (AB) 225 Sunil v. State of U.P. and Another 2022 LiveLaw (AB)...

Sedition, Marital Rape & Section 377 : When Centre Refused To Take A Clear Stand On Constitutionality

In a major twist in the case relating to the constitutionality of sedition law, the Central Government has requested the Supreme Court to defer the hearing, saying that it has decided to "reconsider and re-examine" Section 124A of the Indian Penal Code.The affidavit filed on behalf of the Ministry of Home Affairs states that the "Court may not invest time in examining the validity of Section 124A and be pleased to await the exercise of reconsideration to be undertaken by the Government of India...

Order Passed By Court Under Section 36 Of A&C Act Is An Interim Order, Can Be Modified On Grounds Of Financial Hardship: Calcutta High Court

The Calcutta High Court has ruled that financial hardship and financial indebtedness are sufficient grounds for modifying an order passed under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act) to direct the award debtor to deposit the awarded amount by way of cash security. The Single Bench of Justice Ravi Krishan Kapur held that the security directed to be...

Police May Verify Addresses Of 7 Myanmarese Citizens Allowed Passage To Delhi By Manipur HC : Supreme Court

The Supreme Court on Monday directed that it will be open to the official of the Vikaspuri police station (in Delhi) to verify by tomorrow the availability at the address indicated of the seven Myanmarese citizens who were allowed by the Manipur High Court to travel to New Delhi to seek protection from the UNHCR in May last year.The Court further ordered that If it is found that they are...

Rajasthan High Court Weekly Roundup: May 2 To May 8, 2022

Nominal Index Sudarshan Purohit v. The Hon'ble High Court For Judicature Of Rajasthan & Anr. 2022 LiveLaw (Raj) 154 Bharat Sharma v. State Of Rajasthan 2022 LiveLaw (Raj) 155 Prem Chand Deshantri v. Union of India 2022 LiveLaw (Raj) 156 Mahendra Yadav & Anr. v. Bhagwan Devi & Anr. 2022 LiveLaw (Raj) 157 Kumar Indu Bhushan v. Union Of India and Ors. 2022 LiveLaw...

'Wife's Patience Should Not Be Treated As Weakness/ Attempt To Create False Story': MP High Court Cancels Bail Of Husband Accused Of Unnatural Sex

The Madhya Pradesh High Court, Gwalior Bench recently set aside bail of a man, accused of committing unnatural sex with his wife. The Court observed that the ground taken by the lower court while granting anticipatory bail to the accused/husband that there was delay in disclosure of offence under Section 377 IPC on the part of the Applicant/wife was unwarranted and made in a casual manner...

"Sell Builder's Property In 15 Days If No Settlement With Buyer": Bombay High Court On Unexecuted MAHARera Orders

Cracking the whip against revenue authorities who failed to execute MahaRERA orders in favour of a flat purchaser, the Bombay High Court directed the attachment and sale of a builder's property within merely 15 days if settlement talks fail. A division bench of Justices SV Gangapurwala and MG Sewlikar said, "If within a period of two months settlement between Petitioner and...

Proceedings Against Personal Guarantor Of Corporate Debtor Can Be Continued Independently - Supreme Court Lifts The Stay

Supreme Court bench comprising of Justice S Abdul Nazeer and Justice Vikram Nath vide its order dated 06.05.2021 in the case of Mahendra Kumar Jajodia versus State Bank of India, Civil Appeal No. 1871/2022) dismissed the civil appeal filed against the Judgement of National Company Law Appellate Tribunal (NCLAT) in the case of SBI versus Mahendra Kumar Jajodia. NCLAT held that even...

"Unfortunate" : Supreme Court Expresses Displeasure At Senior Advocate Mukul Rohatgi For Leaving Virtual Hearing Midway

The Supreme Court on Monday expressed displeasure at Senior Advocate Mukul Rohatgi leaving a virtual hearing in the middle of the arguments.Unhappy with the Senior Counsel's act of joining another court without seeking Court's leave, the bench of Justices MR Shah and BV Nagarathna in their order said, "After the submissions were completed by the learned counsel appearing on behalf of...

Cannot Turn Back On Obligations On Pretext Of Mistake: Calcutta HC Orders Payment Of Compensation For Mistakenly Increasing Intending Bid By 10 Times

The Calcutta High Court has recently observed that a person cannot turn back on his obligations on the pretext of an act mistakenly committed especially where the mistake has resulted in certain irreversible consequences or consequences which may be reversed but at substantial cost to the other party to the act.Justice Moushumi Bhattacharya was adjudicating upon an application filed by...

NEET PG 2021: Doctors Move Supreme Court Seeking Exit From Seats Joined After AIQ Round 2 Counseling Without Penalty

NEET PG Aspirants have approached Supreme Court seeking to exit from the seats already joined pursuant to the 2nd round of counseling in the All India Quota of the counseling process without paying the huge amount of penalty. The writ petition was listed before the bench of Justices LN Rao and BR Gavai but the bench on Monday directed the petitioners to mention the same before the...

Supreme Court Directs Haryana Civil Service (Judicial Branch) Mains Examination Be Held On 20, 21 And 22nd May

The Supreme Court, on Monday, directed that the Haryana Civil Service (Judicial Branch) Mains Examination, which was earlier stayed as it clashed with the schedule of the Preliminary Exam of Madhya Pradesh Civil Judge, Junior Division (Entry Level) Exam -2021 to be held on 20, 21 and 22 May, 2022. "Counsels for the High Court as well PSC have obtained instruction and stated they...