Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court

"When an application for anticipatory bail was listed before the learned Single Judge, which was also accompanied by an application for ad-interim relief, the learned Judge should have decided the same one way or the other, so far as the ad-interim prayer or should have taken up for consideration after giving some reasonable time to the Stat."

To Classify Detenue As 'Notorious Stone Pelter' Not Sufficient To Invoke Preventive Detention Powers: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Friday quashed a detention order passed against one Shabir Ahmad Malik as it noted that to classify the detenu as a 'notorious stone pelter' cannot be sufficient to invoke the statutory powers of the preventive detention.Having perused the grounds of detention, the Bench of Justice Tashi Rabstan found no cogent explanation as regards the...

Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court

The Supreme Court observed that Section 34 of the Indian Penal Code does not attract when the final outcome or offence committed is distinctly remote and unconnected with the common intention.A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final act, the bench...

Consumer Complaint Against Telecom Companies Maintainable : Supreme Court Dismisses Appeal Filed By Vodafone - Idea

The Supreme Court held that consumer complaint against telecom companies is maintainable before Consumer forum/Commission.The three judges bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath observed that the existence of an arbitral remedy under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum.In this case, a consumer complaint before...

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accidents Claim Tribunal on the ground that the offending vehicle was being driven by the driver, who was not holding a valid driving licence.The Bench of Justice Rajnesh Oswal observed that since the appellant-Insurance Company had not...

'Citizenship Kept In Limbo' : Plea In Gauhati High Court Challenges Withholding Of NRC Rejection Orders As Parties Can't File Appeals

A writ petition under Article 226 of the Constitution has been filed before the Gauhati High Court seeking directions for issuance of rejection orders for inclusion in the National Register of Citizens, Assam (NRC) so that the petitioners can avail their statutory right to appeal against exclusion from the NRC. Pertinently, the petitioners have also sought for a stay on the mandatory...

Preventive Detention Is Based On Suspicion Or Anticipation & Not On Proof: J&K&L High Court Upholds A Detention Order

While upholding a detention order, the Jammu and Kashmir and Ladakh High Court recently observed that our Constitution guarantees various freedoms and personal liberty to all persons in our Republic, however, the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused. The Court was also of the view that Preventive detention is based on suspicion...

Delay By Itself Cannot Veto A Writ Petition Under Article 32 When Fundamental Rights Are Clearly At Stake : Supreme Court

While quashing notification issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community, the Supreme Court observed that that the delay by itself cannot be used as a weapon to Veto an action under Article 32 when violation of Fundamental Rights is clearly at stake.In this case, Sunil Kumar Rai and others approached the Apex Court challenging...

Delhi High Court Weekly Round-Up [2022 LiveLaw (Del) 134 - 2022 LiveLaw (Del) 150]

CITATIONS 2022 LiveLaw (Del) 134 TO 2022 LiveLaw (Del) 150NOMINAL INDEXVINAY KHURANA v. SHWETA KHURANA 2022 LiveLaw (Del) 134DR. SANJIV BANSAL v. DR. MANISH BANSAL 2022 LiveLaw (Del) 135GOPALA KRISHNA MOOTHA v. THE STATE GOVT OF NCT OF DELHI & ANR 2022 LiveLaw (Del) 136JOHRINA BEGUM v. SUKHBIR SINGH 2022 LiveLaw (Del) 137SUMER SINGH SALMAN v. VIKRAM SINGH & ORS 2022 LiveLaw...

'Lohar Is Not Same As Lohara': Supreme Court Quashes Bihar Govt. Notification That Approved Issuance Of Scheduled Tribe Caste Certificates To Lohar Community

The Supreme Court quashed a notifications issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community."Lohar is not same as Lohara. Including Lohars alongside 'Lohara' is clearly illegal and arbitrary", the bench comprising Justices KM Joseph and Hrishikesh Roy observed.The court noted that Lohars were not included as members of the Scheduled...

"Neither Lawyers Nor Judges Can Afford Not To Be Familiar With Technological Changes": Odisha CJ Muralidhar Envisions Paperless Courts At Every Level

Chief Justice of the Orissa High Court Justice S. Muralidhar has expressed his vision for paperless Courts at every level in the State of Odisha. He also expressed his satisfaction over the fact that after his initiative, there are already 3 (Judges) in the High Court whose Courts are working completely paperless and 2 (two) more Judges are expected to go paperless soon. He was...

Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates

The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad...