Encroachment Of Govt Land An 'Ill That Plagues Civil Litigation', Trial Courts Must Decide Maintainability Of Such Cases At Initial Stage: Delhi HC

The Delhi High Court has observed that it is incumbent on the Trial Courts to consider the maintainability of suits at the initial stage so as to ensure that long delays do not take place, especially in respect of government land.Justice Pratibha M Singh dismissed a second appeal challenging a single Judge's order against possession of the Appellants of a government land. It was the case of...

NI Act- Limitation Period For Issuance Of Legal Notice To Exclude Day On Which Intimation Received From Bank About Return Of Cheque: Delhi HC

The Delhi High Court has observed that while computing the limitation period of 30 days prescribed under sec. 138(b) Negotiable Instruments Act for issuance of a valid legal notice, the day on which intimation is received by the complainant from the bank that the cheque in question has been returned unpaid has to be excluded.Justice Manoj Kumar Ohri was dealing with a bunch of petitions...

Sabarimala Corruption: Kerala High Court Takes Suo Motu Cognizance Of Alleged Fake Bills, Disbanding Of Devaswom Vigilance Wing

The Kerala High Court on Tuesday took suo motu cognizance of a news report which alleged massive corruption behind fake food bills submitted by the Travancore Devaswom Board and the disbanding of the Devaswom Vigilance Wing that immediately followed.Malayalam daily Mathrubhumi had recently reported that top officials were responsible for dissolving the Vigilance Wing apprehending arrest in...

Delhi High Court Orders Vigilance Inquiry Into Conduct Of Police In Not Registering Rape FIR & Attempting To Strike Compromise

The Delhi High Court has directed a vigilance inquiry to be conducted by the Deputy Commissioner of Police, to ascertain as to why an FIR alleging rape and sexual assault was not registered and why the matter was allowed to be laid to rest on the basis of a compromise, despite the written complaint disclosing commission of a cognizable offence.Justice Subramonium Prasad noted...

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not on mere "disobedience".According to the Court,...

YouTuber Alleges Google Violated IT Rules 2021 While Terminating His Accounts: Delhi High Court Seeks Centre's Stand

The Delhi High Court on Tuesday issued notice on a plea moved by a YouTuber, claiming to have more than 1 million subscribers, against Google for not complying with the provisions of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 while terminating his two channels. Justice V Kameswar Rao sought response of Centre and Google while posting the matter...

Adequacy Of Court Fees Has To Be Decided By Joint Registrar, Independent Of Any Objections Recorded By Registry: Delhi High Court

The Delhi High Court has said that it is incumbent on the Joint Registrar to consider the question of adequacy of court fees filed by a party, independent of any objections recorded by the Registry in that regard. "It is underlined that when an objection as to adequacy of Court Fees is raised, it is incumbent upon the learned Joint Registrar to consider the question independently of...

Reimbursement Of Medical Expenses By State: Kerala High Court Grants Relief To Govt Employee's Father Undergoing Treatment At Private Hospital

The Kerala High Court on Monday ruled that under the Kerala Government Servants Medical Attendance Rules, the State was obliged to reimburse the government servants if they or their family undergoes medical treatment in recognised hospitals, either private or government. While setting aside a Government communication rejecting the petitioner's claim for reimbursement, Justice Murali...

Appears To Be Dishonest Adoption Of Plaintiff's Trademark: Delhi High Court Grants Interim Protection To Owner Of "Baazi" Games

In a case concerning alleged trademarks infringement, the Delhi High Court granted an ad-interim injunction against the Defendants under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 unjustifiably using the trademarked word "Baazi" for its gaming services. Adjudicating on the argument of the Defendant regarding the descriptive nature of...

Delhi High Court Seeks Status Report On Filling Up Of Vacancies In CGIT-1, Rouse Avenue Court

Noting that the process of filling up of vacancies was still underway in Central Government Industrial Tribunal-1, present at city's Rouse Avenue Court Complex, the Delhi High Court has sought a status report to be filed disclosing the vacancy position in the Tribunal. Justice Pratibha M Singh granted four weeks time to the Central Government for filing of the said status report. The...

Legislature Cannot Protect Actions Taken Under An Unconstitutional Law By Enacting A Saving Clause: Supreme Court

The Supreme Court on Tuesday observed that legislature cannot infuse life into a legislation, which it itself recognised as unconstitutional, by enacting a saving clause. The bench of Justices LN Rao, BR Gavai and BV Nagarathna was considering special leave petitions challenging the Manipur High Court's order of striking down the Manipur Parliamentary Secretary (Appointment, Salary and...

Calcutta High Court Directs CBI To Not Arrest TMC MP Abhishek Banerjee's Secretary During Appearance In WB Coal Scam Probe

The Calcutta High Court on Tuesday directed the Central Bureau of Investigation (CBI) to not arrest Sumit Roy, secretary to All India Trinamool Congress MP Abhishek Banerjee, during his appearance before the agency in the ongoing investigation the alleged coal scam in West Bengal. The CBI had issued a notice dated January 25, 2022 to Roy, directing him to appear before the...