Oil Marketing Companies Are State Instrumentalities, Empowered To Regulate Fuel Pumps In Public Interest: Delhi High Court

The Delhi High Court has upheld the power of Oil Marketing Companies (OMCs) to formulate Marketing Discipline Guidelines (MDGs) in public interest, i.e., for the benefit of the consumers as well as to protect the rights of the employees at Retail Outlets (ROs).The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh observed,"MDG is a Guideline issued by the OMCs, Instrumentalities...

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Advocate-on-Record, Mr. P.V. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice...

Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court

In a significant judgment, the Kerala High Court ruled that before recording witness depositions under Section 299 of the Code of Criminal Procedure, it should be established that the accused has absconded and that there is no immediate prospect of arresting him. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran was called upon to answer an intriguing question on...

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

On Thursday (6th January) the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. A bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh set aside the order of the Punjab and Haryana High Court and remitted the matter back for...

Divorce Decree From French Court; Maintainability Of Suit For Partition Of Dissolved Community Property Before Indian Court: Madras High Court Explains

In a divorce proceeding characterised by questions on Conflict of Laws, Madras High Court has held that a suit filed for partition and separate possession of the property in India, as per Indian laws is maintainable and will not be barred by virtue of not approaching French Notary for liquidation under Article 1444 of the French Civil Code. A Division Bench of Justice T. Raja and Justice...

Foreigners Tribunal's Order Declaring A Person As Citizen Is Binding On Subsequent Proceedings Against Same Person: Gauhati High Court

The Gauhati High Court on Monday set aside an order passed by a Foreigners' Tribunal declaring a resident of Jorgah village, Sonitpur as a foreigner after noting that the concerned Tribunal had earlier declared him to be an Indian citizen but had subsequently passed an ex-parte order declaring him to be a foreigner. A Bench comprising Justices Kotiswar Singh and Malashri Nandi set aside...

Refusing To Grant Interim Relief, NCLAT Admits The Amazon's Appeal Against CCI's Order

The NCLAT Bench comprising of Justice M. Venugopal and Mr. V.P. Singh in Amazon.com NV Holdings LLC v. Competition Commission of India & Ors. refused to grant interim relief to Amazon against its plea challenging the order of the Competition Commission of India which suspended its deal with Future Coupons Pvt. Ltd. The order was passed by the Competition Commission on 17th...

Petitioner Cannot File Writ Petition Before Exercising Remedy U/S 17 Of SARFAESI Act; Madras High Court

The Madras High Court, in a Bench comprising of Justice M. Duraiswamy and Justice Sathya Narayan Prasad in R. Ganesan v. M/s. ASREC (India) Limited has reiterated the legal position and dismissed the writ petition filed by the Petitioner due to non-exercise of alternate remedy of appeal under Section 17 of the SARFAESI Act. As per the terms of Section 17, an appeal can be filed to...

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi

The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. Essjay Ericsson Private Limited v. M/s. Frontline (NCR) Business Solutions Pvt. Ltd., has held that in order to seek the benefit of the judgment of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020, extending the period of limitation due...

Delhi High Court Allows Withdrawal Of 14 Yrs Old PIL Concerning Chandni Chowk Redevelopment

The Delhi High Court on Thursday disposed of a 14 years old PIL, concerning redevelopment of the Chandni Chowk area and creation of lanes for non-motorised vehicles.The Court, however, made it clear that various authorities involved in the matter shall continue to comply with its directions passed during the pendency of the petition.The order was passed after Advocate Indira Unninayar,...

Alleged FB Post 'Tarnishing' Image Of UP Dy CM Keshav Maurya: Allahabad HC Refuses To Quash Criminal Proceedings

The Allahabad High Court recently refused to quash the charge-sheet, cognizance order as well as entire proceedings in a criminal case registered over an alleged Facebook Post 'Tarnishing' the image of Keshav Prasad Maurya, Deputy Chief Minister of Uttar Pradesh.The Bench of Justice Anil Kumar Ojha was hearing a 482 application filed by one Arun Kumar Jaiswal seeking to quash a case...

Merely Stating That Case Had Lingered In Court For Long Period Of Time Isn't 'Contemptuous': Rajasthan High Court

The Rajasthan High Court has observed that merely stating that a particular proceeding had lingered on before the Court for an unduly long period of time, cannot be seen as contemptuous.Observing this, the Chief Justice Mr. Akil Kureshi and Justice Rekha Borana terminated a Contempt Petition filed by a Rajasthan Civil Judge, Garima Sauda against a practicing Advocate, Goverdhan Singh.The case...