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Interim Order Comes To An End With The Dismissal Of Proceedings: Supreme Court
The Supreme Court observed that a stayed order is not wiped out from the existence, unless it is quashed in the main proceedings.Once the proceedings, wherein a stay was granted, are dismissed, any interim order granted earlier merges with the final order, the bench comprising Justices S. Abdul Nazeer and Vikram Nath observed. The interim order comes to an end with the...
Case Of Accused Who Can't Be Made To Understand Proceedings Can Be Referred To HC U/S 341 J&K CrPC Only After He/She Is Convicted: JKL HC
In a significant observation, the Jammu and Kashmir and Ladakh High Court has observed that the case of an accused, though not insane, but who cannot be made to understand the proceedings, can be referred to the High Court under section 341 of Jammu and Kashmir CrPC only after the trial has resulted into his/her conviction.It may be noted that Section 341 of J&K CrPC deals with the...
Orissa High Court Stays Arrest Warrant Issued By NCST Against Keonjhar Collector Ashish Thakare
In a significant development, the Orissa High Court has stayed an arrest warrant issued by the National Commission for Scheduled Tribes ('the Commission') against the Collector & District Magistrate, Keonjhar. While staying the warrant, a Single Judge Bench of Justice Biswanath Rath observed that the Commission has prima facie exceeded its power. Mr. Ashish Thakare, the...
Gujarat High Court Weekly Round Up: April 11 To April 17, 2022
NOMINAL INDEXIndian Hume Pipe Company Ltd Versus Gujarat Industrial Development Corporation & 1 other(s) 2022 LiveLaw (Guj) 116Ishwarlal Kasturlal Pandya vs Ibrahimbhai Farukdin Vohra 2022 LiveLaw (Guj) 117Sultana Jahangirbhai Mirza vs State Of Gujarat 2022 LiveLaw (Guj) 118M/S M N Trapasia versus Divisional Railway Manager (WA) 2022 LiveLaw (Guj) 119Botad Taluka Sahkari Kharid ......
Owner Can Bequeath Properties Even To Strangers By Will: Supreme Court
The Supreme Court reiterated that an absolute owner of a property is entitled to bequeath his properties by Will in favour of strangers.In this case, Saroja Ammal filed a suit for a declaration of title and for permanent injunction in respect of certain properties. Her claim was based upon the last Will and Testament by one Munisamy Chettiar, whom she claimed to be her husband....
Justice Sadhana Jadhav Of Bombay High Court, The Third Judge To Recuse From Hearing Petitions In Bhima Koregaon Case This Year
A third judge of the Bombay High Court, Justice Sadhana Jadhav, recused from hearing a clutch of petitions in the Bhima Koregaon – Elgar Parishad case this year, including two petitions alleging the planting of electronic evidence through malware. Justice Jadhav said no Elgar Parishad matters to be placed before her. the judge had earlier recused from hearing BK matters in 2019 and...
Gujarat High Court Asks State Govt To 'Clear Its Stand' Over Ban On Using Of Loud-Speakers In Mosques
The Gujarat High Court has asked the State Government to clear its stand on the use of loudspeakers for azaan in mosques all over the State.The Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri was dealing with a Public Interest Litigation (PIL) plea filed seeking a direction to the state government to take appropriate measures for banning the use of loudspeakers in mosques...
'Your Decision Causing Much Inconvenience': Delhi High Court Seeks DTC's Response Over Discontinuation Of Bus Services To Private Schools
The Delhi High Court on Tuesday sought response from the Delhi Transport Corporation (DTC) over its decision of withdrawing bus services to private schools in the city.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla noted that the arrangement has been ongoing since decades and the sudden withdrawal of services despite amelioration of the Covid-19...
No Accused Can Be Subjected To Unending Detention Pending Trial : Supreme Court Affirms Right To Seek Bail
Affirming the right of an accused to seek bail, the Supreme Court has observed that no accused can be subjected to unending detention pending trial, especially when there is the presumption of innocence. The Court made this observation while remanding the bail application of Ashish Mishra in the Lakhimpur Kheri case to the High Court, after cancelling the bail granted to him by the High...