Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC: Allahabad High Court

The Allahabad High Court has observed that the provision of de novo trial is mandatory for the accused summoned under Section 319 Cr.P.C. The Bench of Justice Brij Raj Singh stressed that the accused brought under Section 319(1) Cr.P.C. has to be given a fair trial in view of Section 319 (4) (a) Cr.P.C. The facts in briefOne Raju Yadav was allegedly shot by accused persons, namely, Govind...

Parties Having Any Right, Title Or Interest In Disputed Property Are Necessary Parties For Granting/ Refusing Injunction: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a revision petition against the order of the Trial Court allowing respondent No.1 to be impleaded as a defendant under Order 1 Rule 10 CPC, held that parties having a right, title or interest in the disputed property are necessary parties. The Division Bench comprising Justice Meenakshi I. Mehta held that when the instant case is tested...

Parties Cannot Be Referred To Arbitration In Absence Of Privity Of Contract: Telangana High Court

The Telangana High Court has ruled that in the absence of a privity of contract parties cannot be referred to arbitration. The Single Bench of Justice Ujjal Bhuyan held that the word 'party' under the Arbitration and Conciliation Act, 1996 (A&C Act) has been given a definite meaning with respect to an arbitration agreement. The Court added that only the disputes between...

'Can't Be Kept In Limbo': High Court Asks Delhi Govt To Take A Definite Stand Over Regularization Of Colonies In Sainik Farms

The Delhi High Court on Wednesday expressed displeasure at the Delhi government for stalling the issue relating to regularization of alleged unauthorized constructions in the city's Sainik Farms area, an affluent settlement alleged to be built on forest land.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked that when the government is willing...

Merely Because An Application Under Section 7 Of IBC Is Filed, It Is Not An Embargo On The Court Exercising Jurisdiction Under Section 11 Of The A&C Act: Bombay High Court

The High Court of Bombay has held that merely because an application under S.7 of IBC is filed before the adjudicating authority which is pending consideration does not oust the jurisdiction of the High Court to entertain an application filed under S. 11 of the A&C Act. The Single Bench of Justice G.S. Kulkarni has held that an application filed under S.7 of the IBC creates an...

Birth Certificate Issued By Municipal Authority Must Be Given Eminence If Not Shrouded By Suspicious Circumstances: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a revision petition against the Trial Court's order rejecting the petitioner's application for declaring him a juvenile, held that a birth certificate issued by the competent authority must be given eminence, but it should not be shrouded by suspicious circumstances. Even though there would be no dispute with respect to the proposition...

Is It Proper To Use Word 'Jumla' Against PM? There Has To Be 'Lakshman Rekha' For Criticism : Delhi HC On Umar Khalid's Speech

The Delhi High Court on Wednesday continued hearing the appeal filed by student activist Umar Khalid challenging the Trial Court's order refusing him bail in the Delhi riots larger conspiracy case.During the hearing, the video of a speech made by Khalid in Amravati in February 2020 was played in the court. On the last occassion, the bench, after reading the transcript of the speech, had...

Look Back Period Under Section 46 Not Applicable To Section 66 Under Insolvency And Bankruptcy Code, 2016: NCLAT

National Company Law Appellate Tribunal (NCLAT) principal bench comprising of Justice Ashok Bhushan, Dr. Alok Srivastava, Ms. Shreesha Merla in the case of Aditya Kumar Tibrewal v. Om Prakash Pandey held that the look back period prescribed under Section 46 of Insolvency & Bankruptcy Code, 2016 (IBC/Code) does not apply to transactions under Section 66 of the...

Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court

The Karnataka High Court recently granted bail to one Saleem Khan, an alleged member of the Al-Hind Group which is allegedly reported to be involved in terrorist activities. A division bench of Justice B Veerappa and Justice S. Rachaiah said, "Mere attending meetings and becoming Member of Al-Hind Group, which is not a banned organization as contemplated under the Schedule of...

BREAKING| Supreme Court Posts Pleas Challenging Section 124A IPC Criminalizing Sedition For Final Hearing On May 5

The Supreme Court on Wednesday posted to May 5 for final hearing the petitions challenging the constitutional validity of the offence of sedition under Section 124A of the Indian Penal Code.A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was considering two writ petitions filed by Army veteran Major-General SG Vombatkere (Retired) and the...

Denial Of Availment Of CENVAT Credit On Performa Invoices, Despite All Information, Is Absolutely Wrong: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Rachna Gupta (Judicial Member) held that the denial of availment of Cenvat Credit on performa invoices was absolutely wrong.The appellant/assessee is in the business of manufacturing zinc concentrate, lead concentrate, etc. and is also engaged in providing and receiving goods transport...

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has held that the initiation of an adjudication proceeding without the issuance of a show cause notice is void ab initio.The petitioner/assessee, a public limited company, is in the business of trading coal. For the purpose of trading in coal, the petitioner purchases coal primarily from...