Madras HC Grants Injunction Against State Govt. Mandate Restraining Driving School Federation Members From Using Vehicles Over 8 Yrs Old

Madras High Court has granted an interim injunction on the Tamil Nadu State Government mandate that vehicles that are beyond eight years old cannot be used by driving schools. In a plea filed by Tamil Nadu Driving School Owners Federation, a single judge bench of Justice R. Suresh Kumar has restrained the state authorities from insisting compliance with the 2011 Government Order for...

Supreme Court Weekly Round Up- December 6 To December 12, 2021

JUDGMENTS THIS WEEK1. Supreme Court Upholds RBI Regulations For Export Ban On PPE Kits; Says 'Well Being Of Masses Over Right To Business Of Few'Case Title : Akshay N Patel versus Reserve Bank of India and othersCitation : LL 2021 SC 711 The Supreme Court this week upheld the measures adopted by the Reserve Bank of India to implement the ban imposed by the Union Government on the export...

Proportion Between Crime & Punishment Has A Strong Influence On Determination Of Sentences, Inspite Of Errant Notions: Delhi Court

A Delhi Court has observed that the proportion between crime and punishment remains a strong influence in the determination of sentences in spite of errant notions and that the Courts are expected to operate the sentencing system so as to impose such sentence which reflects the conscience of the society.Additional Sessions Judge Arun Sukhija of Karkardooma Courts observed thus:...

Justice Arvind Sangwan Of P&H High Court To Hold Court Via VC Mode This Week As Dy. AG Punjab Tests Positive For COVID

The Chief Justice of the Punjab and Haryana High Court has issued an order that the court of Justice Arvind Singh Sangwan will be held only through Virtual mode/Video-conferencing this week (from December 13 to December 17).The decision has been taken as Mr. J. P. Ratra, the Deputy Advocate General, Punjab, who had been assigned/performing duty in the Court of Justice Arvind Singh Sangwan...

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court

The Jammu & Kashmir & Ladakh High Court has recently upheld the detention order of a habitual offender on the grounds that he has been creating a sense of alarm and feeling of insecurity in the minds of people in the area, causing a chronic fear among them. Justice Tashi Rabstan also held that a single act was sufficient enough for detention if it's shown that such single...

NIA Approaches Bombay High Court Against Bail To Bookie In Ambani Terror Scare Case

The National Investigation Agency has filed an appeal u/s 21(1) in the Bombay High Court against bail granted to bookie Naresh Gaur by the special court in the Ambani Terror Scare Case. The special NIA court granted bail to Gaur on November 20, however, he continues to remain behind bars as the order was stayed for 25 days. Last week, the Bombay High Court quashed the stay observing that...

Unjustified Impounding Of Passport Of A Travel Vlogger Affects Her/His Fundamental Right To Livelihood: MP High Court

The Madhya Pradesh High Court (Indore Bench) recently observed that impounding the passport of a travel vlogger based on unjustified reasons affects her/his fundamental right of livelihood under Article 21 of the Constitution of India.The Bench of Justice Sujoy Paul further held that the passport cannot be impounded merely because a case involving offence under Section 498-A etc. is pending or...

Calcutta HC Grants Custody Of 4-Yr-Old Girl To Deceased Mother's Friend Over Biological Father, Grants Visitation Rights To Father

The Calcutta High Court has recently refused to grant custody of a four and a half years old girl child to her biological father and instead permitted the child to be in the care and protection of a family friend of her deceased mother. However, the Court has granted visitation rights to the biological father after observing that the bond between the child and her natural father ought to...

Judges Shouldn't Succumb To Pressure Put By Parties By Recusing Themselves From Hearing Cases: Madhya Pradesh High Court

The Madhya Pradesh High Court (Gwalior Bench) recently observed that no Judge should succumb to pressure put by the parties for recusing themselves from hearing the cases.The Bench of Justice Gurpal Singh Ahluwalia observed thus while rejecting an interim application (filed in a bail plea), moved by the wife of the appellant, seeking his recusal from hearing the second bail plea of a...

Living Together For A Few Days Not Enough To Hold That Two Adults Are Truly In A 'Live-In-Relation': Punjab & Haryana High Court

While dealing with a protection plea filed by a couple who are in a live-in relationship, the Punjab and Haryana High Court recently observed that merely because two adults are living together for a few days, their claim of live-in-relationship based upon bald averment may not be enough to hold that they are truly in live-in-relationship.Observing thus, the bench of Justice Manoj Bajaj...

Coal Scam Case: Delhi High Court Grants Interim Relief To Enforcement Directorate, Stays Notices Issued To It's Officials By West Bengal Police

The Delhi High Court has granted ad interim relief to the Enforcement Directorate by staying the operation of the notices, issued by West Bengal Police, to its officials performing their statutory functions in Delhi in relation to the coal scam case. The ED is investigating the illegal coal mining case and the role of complainant TMC MP Abhishek Banerjee under the PMLA Act in the New...

Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search: Supreme Court

The Supreme Court observed that the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substance Act is required to be complied in the case of personal search only with but not in the case of search of vehicle.The court also observed that merely because independent witnesses were not examined, the conclusion could not be drawn that accused was falsely implicated. Non­-production of...