NI Act | Jurisdiction U/S 482 CrPC Can't Be Invoked To Circumvent Due Procedure Of Law: Punjab & Haryana High Court

In a case relating to dishonour of cheque wherein the limitation period for invoking proceedings under Section 138 of the Negotiable Instruments Act had elapsed, the Punjab and Haryana High Court held that the Petitioner cannot invoke Section 482 of CrPC seeking directions to indirectly restore the said right. It observed,"The process of law cannot be taken recourse to circumvent the...

All High Courts Weekly Round-Up: June 20 - June 26, 2022

Allahabad High Court NOMINAL INDEX Madhusudan Shukla Vs. State Of U.P.And Another 2022 LiveLaw (AB) 299 M/S Ramom Motion Auto Corp. Pvt. Ltd. Thru.Dir.Krishna Agarwal And Others v. Debt Recovery Appellate Tribunal Thru.Registrar And Others 2022 LiveLaw (AB) 300 Rajani v. Vipul Mittal And 4 Others 2022 LiveLaw (AB) 301 Malhan And 17 Others Vs. State Of U.P. And...

Karnataka High Court Orders ₹10 Lakh Compensation For Death Of 2-Yr-Old In Stray Dog Attack

The Karnataka High Court has held that there is a statutory obligation which has been imposed upon the local municipal authorities to safeguard the human beings cohabitating within their jurisdiction, from the danger of any stray dogs and/or any attack by such stray dogs. A single Judge bench of Justice Suraj Govindaraj sitting at Dharwad said, "There is a public duty...

Right To Worship Is A Civil Right Subject To Restrictions Imposed By Temple's Managing Committee: Kerala High Court

The Kerala High Court recently directed the Guruvayur Devaswom Managing Committee to ensure that any entry restrictions imposed into the Nalambalam of Guruvayur Sree Krishna Temple are strictly complied with and are not flouted by any individual, including its members, Administrators or former officers.The Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar also ruled that...

Judges Hold High Public Office Of Trust, Must Act With Higher Standard Of Integrity: J&K&L High Court Upholds Munsiff's Dismissal For Misconduct

The Jammu and Kashmir and Ladakh High Court on Tuesday upheld the dismissal from service of a Munsiff, Javid Ahmad Naik, for conferring undue benefits on certain parties by enabling registration of their sale deeds without proper stamp duty, thereby causing monetary loss to the State Exchequer.A Division bench of Chief Justice Pankaj Mithal and Justice Sanjeev Kumar...

'Right To Speedy Justice Enshrined Under Article 21': Gujarat High Court Directs Expeditious Appointment Of Presiding Officer At DRT Ahmedabad

Affirming that the right to speedy justice is enshrined under Article 21 of the Constitution, the Gujarat High Court has issued a writ of mandamus directing expeditious appointment of the Presiding Officer in the Debt Recovery Tribunal-I at Ahmedabad.The Bench comprising Chief Justice Aravind Kumar and Justice Ashutosh Shastri allowed the petition filed by an Advocate enrolled in...

Udaipur Murder : Centre Asks NIA To Take Over Investigation; International Links To Be Probed

The Central Government has directed the National Investigation Agency to take over the investigation of the gruesome murder of a tailor named Kanhaiya Lal Teli at Udaipur yesterday."MHA(Ministry of Home Affairs) has directed the National Investigation Agency (NIA) to take over the investigation of the brutal murder of Shri Kanhaiya Lal Teli committed at Udaipur, Rajasthan yesterday....

Karnataka High Court Stays Case Against Congress Leaders Over Mekedatu Padyatra Amid Covid Restrictions

The Karnataka High Court on Tuesday stayed further proceedings till the next date of hearing, in a case registered under the Karnataka Epidemic Diseases Act, 2020 and other sections of the Indian Penal Code, against President of Karnataka Pradesh Congress Committee, DK Shivakumar, Leader of Opposition in the State, Siddaramaiah and other members, for carrying out a padyatra...

High Court Takes Suo Moto Cognizance Of Lack Of Rainwater Harvesting Efforts In Delhi, Seeks Report On Steps To Ease Traffic Jams During Monsoon

The Delhi High Court has taken suo moto cognizance of the issue of lack of rainwater harvesting efforts taken by the departments, after noting that monsoon rain water is not harvested properly within the city.A vacation bench comprising of Justice Jasmeet Singh and Justice Dinesh Kumar Sharma took note of an article published in the Times of India on June 18, 2022. The Court also take note of...

Societal Approval Of Intimate Personal Relations Not A Basis For Granting Them Recognition In Eyes Of Law: Patna High Court

The Patna High Court has observed that societal approval of intimate personal relationships is not a basis for granting them recognition in the eyes of law.The bench of Justice Ahsanuddin Amanullah and Justice Purnendu Singh was essentially dealing with a habeas corpus plea moved by one Amit Raj, seeking production of her wife (allegedly detained by her family members).Pursuant to the...

S.138 NI Act | Gujarat High Court Sends Disputed Cheque To Handwriting Expert 'In Larger Interest Of Fair Trial'

In a petition involving alleged misuse of cheque, the Gujarat High Court has directed to send the disputed cheque to the Forensics Laboratory for the opinion of the Handwriting Expert to ensure the 'larger object of fair trial.' The Petitioner, an accused, for offence under Section 138 of the Negotiable Instruments Act, 1881 had challenged the order of the trial court and Sessions Judge...

'Arnesh Kumar' Guidelines For Arrest Applicable To Offences Punishable With Less Than 7 Yrs Imprisonment: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that directions passed by the Supreme Court in Arnesh Kumar v. State of Bihar with respect to procedure for arrest shall be applicable to offences punishable with less than or up to seven years of imprisonment.The bench comprising Justice Anoop Chitkara while dealing with an anticipatory bail plea in an FIR registered under Sections 406 and 420...