Allahabad HC Imposes ₹20K Cost On Dowry-Death Accused Who Approached Court With 'Unclean Hands' By Filing Successive Pleas

The Allahabad High Court recently imposed ₹20,000 Cost on a Dowry Death Accused after noting that she misused the process of law by filing successive applications before the Court suppressing the material facts and documents and had misled the Court.The Bench of Justice Sanjay Kumar Singh further stressed that honesty, fairness, purity of mind should be of the highest order to approach...

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court

The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ Petition filed seeking a direction to...

Corruption A Termite And Root Cause Of All Problems Like Poverty, Inequality, Illiteracy, Social Unrest, Etc: Allahabad High Court

The Allahabad High Court recently made significant observations on the growing menace of corruption in society. It observed that it is like a termite in every system and once it enters the system, it keeps on getting bigger and bigger."Corruption is a termite in every system. Once it enters the system, it goes on increasing. Today, it is rampant and has become a routine. Corruption is the...

"Civil Dispute Given Colour Of Criminal Wrong Doing" Supreme Court Quashes Chargesheet Registered U/S 420 IPC

Observing that continuation of proceedings would amount to abuse of process the Supreme Court recently quashed a case registered u/s 420 IPC where a civil dispute was sought to be given a colour of criminal wrong doing. The bench of Justices DY Chandrachud and Surya Kant in the present case was considering a criminal appeal assailing Allahabad High Court's order dated August 10,...

Right To Hearing Must Be Granted Where Adverse Order Is Contemplated Against A Person U/S 75 (4) CGST Act: Allahabad HC

The Allahabad High Court has recently observed that an opportunity of hearing has to be granted by authorities to a person against whom an adverse decision is contemplated under Section 75(4) of the Central Goods and Services Tax, 2017/ U.P. Goods and Services Tax, 2017.The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed thus in a Tax Writ filed by Bharat Mint...

"It Was An Unprecedented Situation" : Supreme Court Reinstates Judicial Officer Whose Appointment Was Cancelled For Not Joining Service During Nationwide Lockdown

The Supreme Court reinstated a judicial officer whose appointment was cancelled since he could not join the service before stipulated date on account of the nationwide lockdown imposed in view of Covid-19 pandemic."There was considerable confusion also about what a person could do and what a person could not do during the time of the lockdown. It was an unprecedented situation which affected...

Proof Of Will : Onus Is On The Propounder To Remove Suspicious Circumstances : Kerala High Court

The Kerala High Court has recently ruled that if there exist suspicious circumstances surrounding the execution of the will, it is the onus of the propounder to remove all those reasonable doubts in the matter and the test to be applied in this connection is satisfaction of judicial conscience.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha observed that suspicion...

Obligatory To File An FIR For Seizing Vehicles Under The Gujarat Mineral Rules, 2017: Gujarat High Court Directs Release Of Tractor Without Bank Guarantee

Justice Vaibhavi Nanavati of the Gujarat High Court has recently held that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and produce the seized properties with the Court on expiry of the specified period. In the absence of such exercise, the Court noted, the purpose of seizure and bank guarantee would stand frustrated and consequently,...

There Must Be Independent Application Of Mind & Some Reasoning While Deciding Writ Appeal: Supreme Court

The Supreme Court observed that there must be an independent application of mind and at least some independent reasoning to be given by the appellate Court while deciding and disposing of the writ appeal.In this case, the Single bench of the Allahabad High Court allowed a writ petition and directed the District Inspector of Schools, Raebareli to ensure the regular payment of salary to the...

Delhi High Court Weekly Roundup: February 28 To March 6, 2022

CITATIONS 2022 LiveLaw (Del) 151 TO 2022 LiveLaw (Del) 171NOMINAL INDEXRAVNEET KAUR v. PRITHPAL SINGH DHINGRA 2022 LiveLaw (Del) 151BHARATI SHIVAJI & ANR v. UNION OF INDIA & ANR. 2022 LiveLaw (Del) 152Rashtriya Pravasi Parishad v. Union of India & Ors. 2022 LiveLaw (Del) 153Rohit Shukla v. DGMS (Army) 2022 LiveLaw (Del) 154Nokia India Private Limited Versus Assistant Commissioner...

Trial Court Cannot Direct Life Sentence Should Extend To Remainder Of Life Without Remission : Supreme Court

The Supreme Court has reiterated that Trial Court does not have the jurisdiction to sentence an accused to life imprisonment which is to extend to the remainder of their life. Taking note of the Constitution Bench judgment in Union of India Vs. V. Sriharan @ Muruganand Others 2016 (7) SCC 1, a Bench comprising Justices Ajay Rastogi and Abhay S. Oka modified the sentence of...

Company Secretary Exam : CS Student Moves Supreme Court To Direct ICSI To Retain Old Syllabus Attempt Till December 2022

A student pursuing CS has approached Supreme Court seeking the extension of old syllabus attempt till December 2022. Preferred by Aditya Vikram Singh as petitioner in person, it has been argued that some students were unable to give exam due their helplessness and some family problems and now old syllabus students are being asked to give exam under new syllabus. "The Old...