News Updates
Life Is Important To All, Persons Committing Brutal Murder Of One Cannot Now Seek Bail To Save Their Father's Life: Karnataka High Court
"When petitioners have committed brutal murder of one person they cannot seek bail to save life of another person i.e. their father," the Karnataka High Court observed while denying bail to two murder accused.The bizarre observation was made Justice K Natarajan while denying relief to brothers Sadik Khan and Adil Khan, who are in custody for almost one and half year and sought release to...
Look Out Circular Can Be Issued Against Personal Guarantor In The Interest Of Public Money: Telangana High Court
In a recent case, a writ petition filed by a personal guarantor to lift the travel ban was dismissed as huge amount of Rs. 226.02 crores was outstanding to a public sector bank. Justice G. Radha Rani held: "In the present case a public sector bank had made request for issuance of LOC as huge amount of Rs.226.02 Crores was due and the petitioner had given a personal guarantee to...
A Statement Made At The Stage Of Interim Injunction Is Not A First Statement For Section 8 Of The A&C Act: P&H High Court
The High Court of Punjab and Haryana has held that a statement made at the stage of interim injunction is not a first statement for Section 8 of the A&C Act. The Single Bench of Justice Rajbir Sherawat held that any statement made at the stage of and for the purpose of opposition to the application under Order 39 Rules 1 & 2 or to prevent any interim order being passed by...
No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost
The Madhya Pradesh High Court, Indore Bench recently set aside an order of Preventive Detention under the National Security Act and further imposed a cost of Rs. 10,000, payable to the Petitioner/Detenu. The Court observed that there was no live link between the earlier alleged incidence on the part of the Petitioner and the incidence in respect of which his detention order had...
Application For Attachment Can Be Filed Before Court Even If The Property Is Outside Jurisdiction: Telangana High Court
The Telangana High Court has reiterated that an Execution Petition for enforcement of an arbitral award can be filed in any court at any place in the country. However, the High Court added that the said court must have the jurisdiction to execute the award, which would depend on the award debtor and its location. The Bench, consisting of Chief Justice Satish Chandra Sharma...
Beedi Rollers Are Workmen & Entitled To Compensation Under Workmen's Compensation Act: Telangana High Court
The Telangana High Court has held that Beedi workers are "workmen" under Section 2(n) of Workmen's Compensation Act. Justice M. Laxman further held that rolling of Beedies is a "manufacturing process" and hence a Beedi roller is a workman under the Act. Brief facts of the Case The present Civil Miscellaneous Appeal assailed the order on the file of Commissioner for...
Illegal Mining Case: Punjab & Haryana High Court Grants Bail To Former Punjab CM Charanjit Singh Channi's Nephew
The Punjab and Haryana High Court has allowed the bail plea moved by Punjab Chief Minister Charanjit Singh Channi's nephew Bhupinder Singh in connection with an alleged illegal sand mining case under Sections 3/4 Prevention of Money Laundering Act. Bhupinder Singh was arrested by the Enforcement Directorate (ED) in an alleged illegal sand mining case in February 2022 after a day-long...
Rape Victim A Court Employee, Her Long Silence Makes Out A Case For Bail For Accused: Punjab And Haryana High Court
The Punjab And Haryana High Court recently granted bail to a man as it noted that the victim was a court employee and despite knowing the consequences and legal remedies, she kept quiet for a long time.Granting bail to the accused, the Bench of Justice Anoop Chitkara observed thus:"The victim is an employee, matured lady and working in the Court and she would know the consequences and...
Dependents Of Deceased Employee Categorised As 'Sthai Karmi' Eligible For Grant Of Compassionate Appointment: MP High Court
The Madhya Pradesh High Court recently held that there is no impediment with respect to consideration of application for compassionate appointment of dependents of such deceased employees, who were classified as 'Sthai karmis', as per the circular of the State Government dated 07.10.2016. Deciding the writ petition moved by the dependent of a deceased government employee,...
Municipalities Empowered In Law To Retire Employees At Age Of 55 Yrs By Giving Three Months' Notice: Gujarat High Court
The Gujarat High Court has upheld the power of municipalities under the Gujarat Municipalities Act and the Rules framed thereunder to retire a municipal servant at any time on or after he attains the age of 55 years on giving him three months notice.A bench of Justice Biren Vaishnav observed,"It was within the powers of the municipality in exercise of powers under Sec.271 to frame rules....
Execution Court Can Issue Delivery Warrant For Decreed Suit Property Even If Possession Not Sought In Suit For Specific Performance: Karnataka High Court
The Karnataka High Court has held that even if the plaintiff has not sought a relief of possession in a suit for specific performance, but had only sought the prayer for execution of the sale deed, the Execution Court can issue a delivery warrant directing the Judgment debtor to handover possession of the property, upon decree holder performing all obligations as stated in...