Consumer Complaints Cannot Be Transferred To High Court : Supreme Court Rejects YES Bank's Plea

The Supreme Court observed that consumer complaints cannot be transferred to High Court.The bench comprising Justices Hemant Gupta and V. Ramasubramanian dismissed the Transfer petitions filed by YES Bank seeking transfer of some consumer complaints filed in District Consumer Disputes Redressal Commissions in Uttarakhand, Uttar Pradesh and New Delhi."The consumer complaints are filed under...

Whether Auction Purchasers In Pursuance Of Decree Will Have Preferential Right Over Purchaser Of Mortgaged Property Under SAFRAESI? Supreme Court To Consider

The Supreme Court recently agreed to consider as to whether auction purchasers in pursuance of a decree will have a preferential right qua the mortgage property or not. The bench of Justices Hemant Gupta and V Ramasubramanian agreed to consider the issue while dealing with the SLP assailing Madras High Court's order dated April 15, 2021. Appearing for the petitioner,...

Subsequent Reconstruction Of File Records Doesn't Change Original Filing Date: Bombay High Court

The limitation period for considering an appeal (reference) against a land acquisition order must be calculated from the date an application was first filed and not from the date a missing appeal copy was reconstructed and submitted by the applicant, the Bombay High Court held. The court set aside the Deputy Collector's (Sangli) order rejecting an application to refer the...

'Prima Facie No Material': Kerala High Court Grants Pre-Arrest Bail To Dileep In Murder Conspiracy Case [Updated With Judgment]

I am of the opinion, prima facie, that at present, there is no material to suggest that the accused had committed the offence of criminal conspiracy", Justice Gopinath noted in the order.

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer

Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck.Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note of the fact that...

'Public Authority' & 'Public Information Officer' Under RTI Act, 2005: Jharkhand High Court Explains Difference

Upholding the order of the State Information Commission, the Jharkhand High Court recently held that the State Information Commission has the power to pass an order of compensation by resorting to the provision of Section 19(8)(b) of the Right to Information Act, 2005. Noting the difference between Public Authority and Public Information Officer, Justice Sujit Narayan Prasad held that the...

Blacklisting Causes Civil Death, Clear Show Cause Notice & Due Process A Must: Bombay High Court

Observing that an entity cannot be blacklisted from participating in future contracts without being allowed a proper opportunity to defend itself and without following the due process of law, the Bombay High Court granted interim relief to a company in a contract with the Railways. The court held that the railway officials had not given the petitioner a fair opportunity to defend his...

Order XXXVII CPC- Defendant Entitled To Unconditional Leave To Defend Suit If Substantial Defence Or Triable Issues Shown: Delhi High Court

The Delhi High Court has observed that under Order XXXVII of the Code of Civil Procedure, a defendant is entitled to the leave to defend the suit if he satisfied the Court that he has a substantial defence or that there are triable issues by way of which the plaintiff is not entitled to leave to sign judgment. Justice Suresh Kumar Kait made the following observations:"Order XXXVII CPC...

Bombay High Court Weekly Roundup: January 31 To February 6, 2022

1. S 45 PMLA: Twin Conditions for Bail That We're Declared Unconstitutional By SC Stand Revived by 2018 Amendment Act - Bombay High Court Case Title: Ajay Kumar v Directorate of Enforcement Citation: 2022 LiveLaw (Bom) 27 The Bombay High Court noted that the twin conditions for bail in section 45(1) of the Prevention of Money Laundering Act, 2002 which were declared...

Rajasthan High Court Weekly Roundup: January 31 to February 6, 2022

Judgments/ Orders of the Week 1. Alienation Of Property During Pendency Of Suit Null & Void; Subsequent Purchaser Not A Necessary Or Proper Party: Rajasthan High Court Case Title: Yogesh Goyanka v. Govind and Ors. Citation: 2022 LiveLaw (Raj) 42 The Rajasthan High Court has recently observed that alienation of a property during pendency of a suit is null...

Kerala High Court Weekly Roundup: January 31 To February 6, 2022

Judgments This Week1. Law Student's Suicide: Kerala High Court Grants Bail To Accused HusbandCase Title: Mohammed Suhail v. State of Kerala & AnrCitation: 2022 LiveLaw (Ker) 46The Court granted bail to Suhail, the husband of a 2nd year LLB student, Mofiya Parveen, who died by suicide citing domestic abuse and dowry harassment. Justice Gopinath P. was inclined to grant bail with...

Examine If An Advocate Charged With 7 Theft Cases Is Entitled To Maintain License To Practice?: MP High Court To State Bar Council

The Madhya Pradesh High Court (Jabalpur bench) has asked the Bar Council of Madhya Pradesh as to whether an advocate, who is charged with 7 cases of theft and from whom recovery is made, can represent himself as an advocate or not, and whether such an advocate is entitled to maintain his license to practice.The Bench of Justice Vivek Agarwal was dealing with the second bail application of...