"We Are Not Concerned With Further Developments, We Will Consider Whether Appeal Will Lie To DB Against SB Order?" SC On WB Coal Scam Probe

On the CBI's request, the Supreme Court on Monday adjourned to March 10 the hearing on the challenge to the order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.Appearing before the bench of Justices DY Chandrachud and MR Shah, SG Tushar Mehta had sought...

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court

The Bombay High Court has held that the reliefs canvased under Sections 19 to 22 of the Domestic Violence Act are predominantly of the civil nature and there is no infirmity in filing a civil appeal against an order passed under the said provisions. The observation was made with respect to a case whereby two separate proceedings filed by a wife, one for divorce under the...

Whether Day Of Remand Is To Be Included For Considering A Claim For Default Bail? Supreme Court Refers To Larger Bench

Whether the day of remand is to be included or excluded, for considering a claim for default bail ? The Supreme Court referred this issue to a larger bench.The Court was considering the appeal filed against the Bombay High Court judgment which held that the day of remand has to be included for the purpose of computing the period of 90 days or 60 days as contemplated in Section 167 (2)(a)(ii)...

Punjab and Haryana HC Seeks Details Of Cases Against MPs, MLAs From Trial Courts

A division bench consisting of Justice Rajan Gupta and Justice Karamjit Singh of the Punjab and Haryana High Court took cognizance of cases pending against MPs, MLAs. The bench has directed all the District and Sessions Judges to send information regarding pending cases against MLAs, MPs in CWP No. (PIL)-29-2021 titled Court on its own motion versus State of Punjab with clear intent...

'Must Be Left To Wisdom Of Govt': Allahabad High Court Dismisses Plea Seeking Removal Of Mobile Towers For Maintaining Public Health

The Allahabad High Court recently dismissed a writ petition seeking removal of a mobile tower from a residential area on the ground that it has deleterious effects on human health. Relying on the decision of a Division Bench in Asha Mishra v. State of UP & Ors.;2017 (1) UPLBEC 261, the Court held, "Such matters must be left to the mature wisdom of the Government or the...

Supreme Court Dismisses PIL Challenging 'Centre's Overriding Power' Over Deputation/Transfers Of IPS Officers

Supreme Court on Monday dismissed a PIL challenging the constitutionality of Rule 6(1) of the Indian Police Service ( Cadre) Rules, 1954 for conferring powers on the Central government to override the states in matters of transfer and deputation of IPS cadre officers."Dismissed". said the Bench headed by Justice Nageswara Rao when the PIL filed by a Bengal-based lawyer Abu Sohel was taken...

Kangana Ranaut Moves Karnataka High Court To Quash FIR On Tweet Against Farmers Protest

Actor Kangana Ranaut has moved the Karnataka High Court seeking to quash a FIR registered against her for her tweet on farmers opposing the farm laws. A Judicial Magistrate First Class (JMFC) at Tumkur, had on October 9, 2020 directed the jurisdictional Police Station (Kyathasandra) to register FIR against her. The complaint was filed by advocate Ramesh Naik L...

Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque Dishonour : Supreme Court

The Supreme Court on Monday held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code(IBC) covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act against the corporate debtor."We hold that a Section 138/141 NI Act proceeding against a corporate debtor is covered by Section 14(1)(a) of...

Kerala Govt. Makes Online Rummy Illegal When Played For Stakes

The Kerala Government has issued a notification making online rummy illegal when played for stakes.Section 14A of the Kerala Gaming Act, 1960, which regulates gambling activities, empowers the Goverment to exempt a game from all or any of the provisions of the Act if they are satisfied that in any game the element of skills is more predominant than the element of chance.By a notification...

High Courts Weekly Roundup

Week commencing from February 22, 2021 Till February 28, 2021

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-54]

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Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother

The Punjab & Haryana High Court last week observed that there are so many things that a daughter can't discuss with her father and as such mother is the best person to take care of her daughter at growing age. The Bench of Justice Ashok Kumar Verma and Justice Augustine George Masih also opined that during her teen years, a daughter looks for mother/a female companion with whom...