Parole | Humanist Approach Needs To Be Taken To Encourage Offenders To Demonstrate Commitment To Society: Delhi High Court

The Delhi High Court has observed that while granting parole, a humanist approach needs to be taken affording convicts an opportunity to resolve their personal and family issues and to encourage offenders to demonstrate a commitment in relation to the society.Justice Anoop Kumar Mendiratta also added that that parole is a relief granted by the State which goes a long way for redemption...

Court Not Obliged To Consider Merits Of An Appeal Which Is Barred By Limitation & No Plausible Cause For Delay Is Shown: Supreme Court

The Supreme Court observed that a court has no obligation to consider the merits of an appeal which is barred by limitation and no plausible cause for delay is shown.The bench also observed that the law of limitation binds everybody including the Government and a different yardstick for condonation of delay cannot be laid down because the government is involved.In this case, the High Court...

Executive's Failure To Perform & Ambiguities In Laws Contribute To Judiciary's Case Load : CJI NV Ramana

"The judiciary would never come in the way of governance, if it is in accordance with law", CJI said.

All High Courts Weekly Round-Up [18 April 2022- 24 April 2022]

Allahabad High CourtNOMINAL INDEX Shahida v State Of U.P. And 3 Others 2022 LiveLaw (All) 183 Pawan Singh And Another v. State of U.P. 2022 LiveLaw (All) 184 Indian Farmers Fertilizers Cooperative Ltd. v. Manish Engineering Enterprises 2022 LiveLaw (All) 185 Naushad Ali (Second Bail Application) v. State Of U.P.Thru Prin.Secy Home Lucknow 2022 LiveLaw...

Use Of Registered Mark By Competitors As Keyword In Google Ads Program Prima Facie Infringement Under Trademarks Act: Delhi High Court

The Delhi High Court recently granted injunction in favour of Make My Trip while observing that use of its registered mark by competitors even as metatags is an infringement under Trademarks Act and that third party bidding on trademarks as sponsored keywords for use by internet search engines can constitute misrepresentation. The observation was given by Justice Prathiba M....

Khargone Demolitions: Plea Before Supreme Court Seeks Court-Monitored SIT For Fair Probe

A plea has been moved before the Supreme Court seeking a court-monitored special investigation team (SIT) headed by a retired Supreme court judge to ensure a free and fair investigation into the violent demolition of several properties at Khargone, Madhya Pradesh.The plea moved through Advocate Adeel Ahmed elaborates on the incident being an aftermath of the riots which involved stone-pelting...

"Procedures In Vigilance Manual Should Be Followed In A Constructive Manner": Madras High Court To DVAC

DVAC must conduct preliminary inquiry before forwarding complaints to respective departments.

IBC - Moratorium Applies Only To Corporate Debtor ; Natural Persons Like Its Director Would Continue To Be Liable U/s 138 NI Act : Supreme Court

The Supreme Court reiterated that the moratorium provisions contained in Section 14 of the Insolvency and Bankruptcy Code, 2016 would apply only to the corporate debtor The natural persons mentioned in Section 141 of the Negotiable Instruments Act would continue to be statutorily liable under the provisions of the Act, the bench comprising Justices UU Lalit, S. Ravindra Bhat and PS...

REET 2021 Paper Leak: Rajasthan High Court Refuses To Stay Level-I Recruitments

In connection with the paper leak case of Rajasthan Eligibility Examination for Teacher, 2021, the High Court has refused to stay the recruitment process with respect to Level-I examination. It however made it clear that the appointments, if any made, would be subject to the outcome of the writ petition. Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer...

Waqf Act - Dilapidated Structure Cannot Be Recognised As A Religious Place For Offering Namaaz Without Proof Of Dedication : Supreme Court

The Supreme Court, on Friday, held that in absence of proof of 'dedication' or 'user' or 'grant' , which would qualify a dilapidated wall or a platform as 'waqf' in terms of Section 3(r) of the Waqf Act, 1995, the said structure cannot be recognised as a religious place for offering Namaaz.A Bench comprising Justices Hemant Gupta and V. Ramasubramanian dismissed an appeal assailing the order...

Right To Lead Evidence Pivotal To Fair Trial, Court Should Not Be Hyper Technical In Granting Opportunity: Delhi High Court

Observing that the right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play, the Delhi High Court has said that the Court should not be hyper-technical, in the matter of granting opportunity to lead evidence and the like.Justice C Hari Shankar observed thus:"The right to lead evidence is pivotal to a fair trial and partakes of the...

NGT Bars Auroville Foundation From Township Construction Till Environmental Clearance Is Obtained

In a plea challenging the cutting of large number of trees by the Auroville Foundation for its development projects, The National Green Tribunal, Southern Zone, Chennai has directed the Auroville Foundation to prepare a proper township plan with respect to the area presently in its possession or the area of land visualized by the MOTHER and give details regarding the proposed ring...