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Bombay High Court Weekly Roundup: March 7 To March 13, 2022
NOMINAL INDEXSanjay v. State of Maharashtra and Ors. Anurag s/o Jamnashankar Pandey Vs. State of Maharashtra Savina R Crasto vs Union Of India Pigments & Allieds Vs. Carboline (India) Pvt. Ltd. and Anr. Intezar Hussain Sayed vs Zee Studios & Ors Shankar Bhimrao Kadam & Ors vs Tata Motors Limited Basant Singh and Ors. v. Autar Kaur and Ors. Janak Vyas vs State...
Over 40 Lakh Cases Disposed In First National Lok Adalat Of 2022
The Legal Services Authorities across the country, under the aegis of National Legal Services Authority (NALSA) and the leadership of Mr. Justice Uday Umesh Lalit, Judge, Supreme Court of India & Executive Chairman, NALSA, organised the first National Lok Adalat of the year 2022 in all the 36 States/UTs on 12th March in both physical and hybrid mode.As per the data available till 4.30...
BJP MLA Moves Supreme Court Against Change In Maharashtra Speaker Election Rules
BJP MLA Girish Mahajan has approached Supreme Court against Bombay HC's order dismissing his PIL against change in Maharashtra Speaker Election Rules. Mahajan states that the amendments of the Rules are "arbitrary and unconstitutional," adding that the "election process has been reduced to a selection process." By the amendment to Rule 6 and Rule 7 of the MLA Rules the "secret...
Whether Part-Time LLB Degree Courses Have Sanction From Bar Council Of India? Whether Law Degree Obtained Is Recognised Or Not? MP HC To Examine
The High Court of Madhya Pradesh recently questioned the validity of a law degree attained by attending part-time classes and whether the same has sanction of the Bar Council of India. Justice Vivek Agarwal was dealing with a writ petition, wherein the Petitioner was seeking a direction of the Court to the Respondents to promote her from the post of Assistant Grade-II to...
Karnataka High Court Weekly Roundup: March 7 To March 13, 2022
NOMINAL INDEX K T Naveen Kumar And The State of Karnataka 2022 LiveLaw (Kar) 61 Dr S Srinivasa v. Mandya University 2022 LiveLaw (Kar) 62Devendra Pai Versus The Assistant Commissioner of Income Tax 2022 LiveLaw (Kar) 63 Dr Shantha Raj T R v. The State By Sub Inspector of Police 2022 LiveLaw (Kar) 64 M/s. Prashanthi Affiliates Versus Deputy Commissioner of Commercial Taxes ...
PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45
The Supreme Court recently (February 25) dismissed a special leave petition assailing the order of the Madras High Court, whereby the Directors of a company were denied bail, inter alia, upholding the presumption of constitutionality of Section 45(1) and the twin conditions therein, as amended by the Finance Act, 2018. Upon hearing the submissions made by Solicitor General of India,...
Default In Payment Because Of CoVID: Supreme Court Grants Relief To Company To Pay OTS Amount With Interest
The Supreme Court recently granted relief to a company to pay OTS amount with interest considering that the default in payment was due to CoVID.The bench of Justices Vineet Saran and Aniruddha Bose was considering a SLP assailing Madras High Court's order dated July 22, 2021.The petitioner had availed loan from the State Bank of India. Since, there was default in repayment of the loan,...
Academic Matters Should Be Best Left To Academics, Courts Have No Expertise In Matters When Conscious Decision Is Taken By Experts; Supreme Court
The Supreme Court recently upheld Delhi High Court's observation that courts have no expertise in the matters when a conscious decision is taken by the experts and academic matters should be best left to academics.The bench of Justices MR Shah and BV Nagarathna was considering SLP assailing Delhi High Court's order dated March 5, 2021.The petitioner had approached the High Court aggrieved...
Party Having Right Of Appeal Does Not Have Corresponding Right To Insist For Consideration Of Appeal By Forum That Was No Longer In Existence: Supreme Court
The Supreme Court has observed that a party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence.The bench of Justices Dinesh Maheshwari and Vikram Nath was considering a civil appeal preferred by Chief Divisional Retail Sales Manager, Divisional Office, Indian Oil...
MP High Court Grants Custody Of Looted Property Recovered By Police To Income Tax Department As The Same Was Not Disclosed By Complainant
The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application moved by a Complainant in a dacoity case, seeking custody of the recovered stolen cash to the tune of Rs. 45 Lakhs. The Court held that since the said amount was not disclosed before the Income Tax Department (IT Department) prior to the incident, the same was liable to be handed over to the IT...
"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC
The Uttarakhand High Court has recently dismissed a writ petition filed, challenging a notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Act"), which proposed to acquire certain land near the "Line of Actual Control" (LAC) for meeting the purposes of the Indo-Tibetan Border...