PIL Moved In Gujarat High Court Seeking Appointment Of Presiding Officer In DRT-I, Ahmedabad

A Public Interest Litigation (PIL) plea has been moved in the Gujarat High Court seeking a direction for filling up posts of Presiding Officer in the Debt Recovery Tribunal-I, Ahmedabad in terms of Section 4 of the Recovery of Debt and Bankruptcy Act, 1993.The plea, which has been moved by Advocate Nipun Singhvi through advocates Vishal J Dave, Dr. Avinash Poddar and Hiral U Mehta, also...

Arbitral Award Is To Be Executed At A Place Where Judgment Debtor Resides, Carries Business Or Has Assets: Delhi High Court

"Irrespective of the place where the award was passed, it is to be executed by a Court within whose jurisdiction the Judgment Debtor resides, carries on business or his property is situated".

Calcutta High Court Weekly Roundup: January 24 To January 30, 2022

Important Judgments/Orders of the Week 1. 'Belatedly Approached Court': Calcutta High Court Dismisses PIL Against Centre's Decision To Exclude WB Gov's Netaji Tableau For Republic DayCase Title: Rama Prasad Sarkar v. Union of IndiaCitation: 2022 LiveLaw (Cal) 13The Calcutta High Court dismissed a Public Interest Litigation (PIL) petition filed against the decision of the Centre to reject...

Rules Made To Exercise Powers And Privileges Of State Legislature Constitute Law Within The Meaning Of Article 13: Supreme Court

In its judgment quashing Maharashtra Assembly's Resolution to suspend 12 BJP MLAs, the Supreme Court held that the rules made to exercise the powers and privileges of State Legislature constitute law within the meaning of Article 13."The Rules framed by the Legislative Assembly under Article 208 of the Constitution is the procedure established by law for the purpose of Article 21...

Allahabad High Court Stays Decision Of UP Govt To Appoint 6800 Additional Assistant Teachers In The State

The Allahabad High Court has stayed the decision of the Uttar Pradesh government to appoint 6800 additional candidates as primary assistant teachers in the state in addition to already appointed 69000 candidates.The Bench of Justice Rajan Roy made it clear that the Government can't appoint more than 69000 candidates without issuing an advertisement regarding the same, since in the...

Prosecution Must Satisfy Section 107 Requirements To Prove An Offence Under Section 306 Of IPC: Gujarat High Court

While explaining that to prove an offence under Section 306, the Prosecution must satisfy the ingredients of Section 107 first, Justice Sandeep N Bhatt of the Gujarat High Court refused to interfere with the impugned judgement and quash the order of acquittal. While doing so, the Bench delved into the terms 'abetment' and 'instigation' under Sections 306 and 107 of the IPC,...

Fundamental Right To Carry On Trade Under Article 19(1)(G) Can Reasonably Be Restricted If There Is Threat To Public At Large: Telangana High Court

The Telangana High Court recently ruled that executive instructions with check on ground realities advance the purpose of statute and act as a guiding factor for effective implementation. Furthermore, reasonable restrictions can be imposed by the State Government to protect life of a common man and it is not an infringement of a person's constitutional right to carry on trade under...

Kerala High Court Weekly Roundup: January 24 To January 30, 2022

Judgments This Week1. RSS A Definite & Identifiable Body, Members Have Locus Standi To File Defamation Complaint U/S 499 IPC: Kerala High CourtCase Title: Mathrubhoomi Illustrated Weekly & Ors. v. P. Gopalankutty & AnrCitation: 2022 LiveLaw (Ker) 37The Court has ruled that a complaint filed by the State Secretary of the Rashtriya Swayamsevak Sangh (RSS) against a defamatory...

Supreme Court Weekly Roundup: January 24 To January 30, 2022

JUDGMENTS THIS WEEK1. Supreme Court Expands Definition Of 'Vulnerable Witnesses'; Directs HCs To Frame Vulnerable Witness Deposition SchemeCase Title: Smruti Tukaram Badade v. The State Of Maharashtra and AnrCitation : 2022 LiveLaw (SC) 80Noting that "the need for and importance for setting up special facilities which cater to the creation of a safe and barrier-free environment for recording...

Karnataka High Court Weekly Roundup: January 24 To January 30, 2022

1: Breaching Promise To Marry Will Not Amount To Offence Of Cheating Under IPC : Karnataka High Court Case Title: Venkatesh And State of Karnataka Case No: Criminal Petition No 5865/2021 Citation: 2022 LiveLaw (Kar) 25 The Karnataka High Court while quashing the FIR registered against a man and his family has reiterated that not abiding with the promise of marriage will not amount to...

Orissa High Court Upholds The Validity Of Odisha Universities (Amendment) Act, 2020

"The Subordinate Legislation Under Entry 66 List I Will Have To Yield To The Plenary Jurisdiction Of The State Government Under List III Entry 25"

Know the Constitution[ Part III]: Union and Its Territory - Articles 1 To 4

Article 1-4: Union and its TerritorySpeaking at an event recently, Justice Gautam Patel of the Bombay High Court had noted that the "Constitutional Idea of India" lay not in the chapters on Fundamental Rights or Duties but rather in Article 1 of the Constitution."Everything in the Constitution flows from this Article. This has to be THE Idea of India for without which India cannot exist. What...