Madras High Court Monthly Digest: January 2022

A monthly round up of important cases and judgments from Madras High Court and its subordinate courts.1. Liquor Consumption In Clubs & Associations Require Valid Licenses, Cannot Act Beyond The Scope Of Registered Bye-Laws: Madras High Court Case Title: M/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police...

Parties To Litigation Entitled To Be Informed Of Reasons For Denial Of Their Claim : Kerala High Court

The Kerala High Court on Monday observed that a party to litigation is entitled to be informed of the reasons behind the denial of their claims. Thus, setting aside a non-speaking order passed by the Family Court, Justice Mary Joseph observed that although there is no rule that all reliefs sought for should be allowed but, a party is qualified to know why their relief was denied. "There is...

Article 226 Remedies Available When Disciplinary Authority's Findings Are Malafide Or Perverse, Based On Irrelevant Material Or Ignoring Relevant Material: Supreme Court

The Supreme Court on Monday observed that remedies under Article 226 of the Constitution are available and intervention is warranted when disciplinary authority's findings are malafide or perverse, not based on evidence or are based on consideration of irrelevant material or by ignoring relevant material, or are such that they could not have been rendered by any reasonable person placed in...

RTI Activist Amit Jethwa Murder: Supreme Court Refuses To Interfere With HC Order Suspending Life Sentence Of Ex-BJP MP Dinu Bogha Solanki

The Supreme Court on Monday refused to interfere in the SLP assailing Gujarat High Court's order of suspending the Life-imprisonment sentence of Ex-BJP MP Dinu Bogha Solanki who was convicted by a special CBI court in 2019 for killing RTI activist Amit Jethwa in 2010 pursuant to the activist trying to expose illegal mining activities in the Gir forest region.The bench of Justices AM...

Burden Of Proof To Establish Plea Of Alibi On Accused Is Heavy: Supreme Court

The Supreme Court observed that the burden of establishing the plea of alibi on accused is heavy.The plea of alibi in fact is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the place of occurrence, the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh noted.Pappu Tiwari, Sanjay Ram, Uday Pal, Ajay Pal, Pintu Tiwari...

"Medical Condition Relevant": Supreme Court Stays Execution Of Death Row Convict Ex Cop BA Umesh

The Supreme Court on Monday (January 31) stayed the execution of ex-cop BA Umesh alias Umesh Reddy, who was sentenced to death in a rape and murder case.Reddy was sentenced to death by a Sessions Court in Bengaluru upon being convicted in the year 2006 for offences under sections 376, 302 and 392 of the Indian Penal Code, committed in the year 1998. He was found guilty of rape and murder of...

Delhi High Court Monthly Digest: January 2022

This digest contains a total of 66 important judgments and orders of the Delhi High Court for the month of January reported by Live Law. 1. Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day ImprisonmentCase Title: RAKESH KUMAR v. VIJAYANTA ARYA (DCP) AND ORSCitation: 2022 LiveLaw (Del) 1In a significant judgment, the Delhi High Court held...

Orissa High Court Issues Directions To Deal With 'Ever-Growing' Stock Of Seized Vehicles & Properties In Police Stations

The Orissa High Court has issued a slew of directions to deal with the ever-growing stock of seized vehicles and other properties in various police stations in the State. A Division Bench, comprising of Chief Justice Dr. S. Muralidhar and Justice A.K. Mohapatra, was hearing a Public Interest Litigation ("PIL") filed by a practicing advocate, Ashis Ranjan Mohanty. The Court lamented...

Amazon-Future Dispute: Supreme Court Sets Aside Delhi High Court's Direction For Coercive Steps Against Future Group [Updated With Judgment]

In a major relief to Future group companies, the Supreme Court on Monday set aside the orders of the Delhi High Court which initiated coercive steps against the companies and its promoters Biyanis for alleged violation of the Emergency Award passed by the Singapore Tribunal on the application filed by e-commerce giant Amazon.The Supreme Court has set aside the orders dated 02.02.2021...

Delhi Riots: High Court Grants Bail To Two Accused Of Killing 85 Yrs Old Woman, One Denied Relief

The Delhi High Court on Tuesday granted bail to two men accused in the murder case of 85 year old woman, Akbari who died of asphyxiation due to inhaling smoke during the North East Delhi riots after her house was set on fire by a riotous mob. One other accused has however been denied relief.Detailed order with reasons is yet to be uploaded.Justice Subramonium Prasad denied bail to Vishal...

Order XXII CPC| Appeal Doesn't Abate As A Whole Merely Due To Non-Substitution Of Some Legal Representatives: Gauhati High Court

The Gauhati High Court recently held that non-substitution of some of the legal representatives ("LRs") of the parties under Order XXII, CPC does not amount to abatement of the entire appeal. A Bench comprising of Justice Devashish Baruah held: "…the provisions contained in Order XXII would lend credit and support the view that they are devised to ensure the continuation...

Clarify If Removal Of Upper Age Limit For NEET-UG Is Under Consideration: Supreme Court To NMC

The Supreme Court, on Monday, asked the National Medical Council to clarify if they are considering to remove the upper age limit of 25 years and 30 years for candidates eligible for reservation, for NEET-UG, as was inserted by way of amendment to the Medical Council of India Regulations on Graduate Medical Education Regulations, 1997 vide notification dated 22.01.2018. Petition was...