What Amounts To 'Excessive Force' For Disciplining Errant Prisoners? Delhi High Court To Consider, Directs Personal Presence Of DG Prisons

The Delhi High Court is set to consider the issue as to what amounts to 'excessive force' for disciplining errant prisoners lodged in jails.A division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani directed the personal presence of Director General (Prisons) on March 25 after the Court was of the view that it wants an in-person interaction with the concerned...

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground

The Rajasthan High Court has observed that unless the orders of eviction are set aside or stayed in any proceedings, eviction must follow. Essentially, the present public interest litigation was filed seeking issuance of directions to the authorities to remove encroachments from the disputed land, which, according to the petitioner, was a playground of the school. As per...

Allahabad High Court Monthly Digest: February 2022 [Citations 29-80]

NOMINAL INDEX Kanhaiya Lal Nishad v. State of U.P. 2022 LiveLaw (AB) 29 Pinkoo @ Jitendra v. State of U.P. connected with Smt. Ishwari Devi v. State of U.P. 2022 LiveLaw (AB) 30 Nikhil Upadhyay (Minor) v. State Of U P And 4 Others 2022 LiveLaw (AB) 31 Radhey Shyam And Others v. State 2022 LiveLaw (AB) 32 Bablu Second Bail Application v. State of U.P. 2022 LiveLaw (AB)...

Employee's Compensation Act: Liability To Pay Interest On Compensation Amount Is From Date Of Accident: Supreme Court

The Supreme Court observed that the liability to pay the interest on the amount of arrears/compensation under Employee's Compensation Act, 1923, shall be from the date of accident and not from the date of the order.In this case, the deceased employee was a sugarcane cutting labourer. While cutting the sugarcane, he died of a snake bite. His heirs filed a claim petition before the...

West Bengal Coal Scam Case: Delhi High Court Dismisses Plea By TMC MP Abhishek Banerjee, His Wife Seeking Quashing Of Summons

The Delhi High Court on Friday dismissed the plea by All India Trinamool Congress MP Abhishek Banerjee and his wife seeking quashing of summons issued to them by Enforcement Directorate in connection with West Bengal coal scam case.Justice Rajnish Bhatnagar also dismissed the plea by Banerjee's wife Rujira Banerjee assailing the complaint filed by Enforcement Directorate against her in the...

Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court

In a judgment delivered on Thursday (10 March 2022), the Supreme Court explained Order 41 Rule 27 of the Code of Civil Procedure which enables an appellate court to take additional evidence in exceptional circumstances.The court observed that an application seeking to adduce additional evidence can be allowed where (1) the additional evidence sought to be adduced removes the cloud of doubt...

NSE Co-Location Scam Case: Delhi Court Reserves Order On Anand Subramanian's Bail Plea

A Delhi Court on Friday reserved order on the bail plea filed by former Group Operating Officer of the National Stock Exchange (NSE) Anand Subramanian in connection with NSE co-location scam case. Special CBI Judge Sanjeev Aggarwal of the Rouse Avenue Court has now posted the matter for pronouncement of orders on March 24. Advocates Arshdeep Singh and Vishnu Mohan appeared on behalf of...

Ascertain How Long Will It Take To Expand/ Operationalise All Airports In State: Patna HC Seeks State's Report In 2 Weeks

Hearing a bunch of pleas filed highlighting the issue of the need for expansion of airports/making all of them fully functional and operational, situated within the State of Bihar, the Patna High Court has directed the Development Commissioner, Government of Bihar to make decisions on the issue.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the Development...

Supreme Court Quashes HC Directions Against OLX India In A Case Of Seller Duping Through Impersonation

The Supreme Court quashed the directions issued by Punjab and Haryana High Court to OLX India to adopt a screening mechanism with respect to the sellers who could post an advertisement on its Platform."There was no occasion for the High Court to pass these directions; and more particularly, without hearing the appellant"., the bench headed by Justice UU Lalit said while allowing the appeal...

'Medical Ailments Not As Serious': Calcutta HC Refuses To Grant Relief To TMC Leader Anubrata Mondal From Appearing Before CBI In Cattle Smuggling Probe

The Calcutta High Court on Friday dismissed a petition moved by Trinamool Congress (TMC) leader Anubrata Mondal seeking relief from appearing before the Central Bureau of Investigation (CBI) in Kolkata for questioning in the ongoing cattle smuggling probe. Mondal had moved the High Court pursuant to the issuance of a CBI notice under Section 160 of CrPC directing him to appear before...

Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court

The Supreme Court reiterated that a Court deciding a bail application cannot completely divorce its decision from material aspects of the case.The material aspects includes the following: (1) allegations made against the accused; (2) severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction;...

Allahabad High Court Allows Jailed Man To Appear In LL.B Semester Exam Under Police Custody

The Allahabad High Court has allowed a jailed man to appear for his LL.B Ist Semester exam under police custody. The bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari directed that the man be brought to the examination center for his participation therein and re-lodged in jail after the examination is over.Essentially, Anjani Kumar Shukla (who is presently...