'Parity Of Punishment': Gujarat High Court Reduces Deduction Of Pension From 100% To 25% Of Sub-Inspector Accused Of Aiding Escape Of Prisoner

Emphasising on the principles of proportionality and parity while determining punishment, the Gujarat High Court has reduced punishment of deduction of pension from 100% to 25% imposed on a sub-inspector accused of aiding an under-trial to escape police custody. The Petitioner-accused challenged the order of 2015 passed by the Respondent-State wherein the Petitioner's monthly...

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court

The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that the case had been pending for...

"State's Duty To Provide Protection & Prevent Untoward Incident": Madras High Court On Plea Seeking Police Protection At AIADMK Meet

While allowing a petition seeking police protection for the Executive Council and General Council Meeting of All India Anna Dravida Munnetra Kazhagam (AIADMK) to be held on June 23, the Madras High Court observed that the State had a duty to provide necessary protection and to prevent any untoward incident in the form of violence. The bench of Justice N Sathish Kumar made the observations on...

Can't Permit Single Mother To Sell Minor's Share In Property Under Garb Of Child's Maintenance Sans Material Detailing Income & Expenses: Gujarat HC

The Gujarat High Court has held that even if a mother seeks to sell off the property of her minor child, despite her being a natural guardian, she can be looked at with suspicion and be denied permission to sell off such property if relevant material details are not provided. A single bench comprising of Justice Umesh A. Trivedi observed,"There is no averments either in the application...

Gujarat High Court Weekly Round Up: June 13 - June 19, 2022

NOMINAL INDEX Iqbal Hasanali Syed Versus State Of Gujarat 2022 LiveLaw (Guj) 208 Soni Anilkumar Prahladbhai V/S State Of Gujarat 2022 LiveLaw (Guj) 209 Sabirbhai Gafarbhai Multani Versus State Of Gujarat 2022 LiveLaw (Guj) 210 Hamidabanu Anawarbhai Multani & 2 Other(S) V/S Haiderbhai Bhikhabhai Bhetariya & 5 Other(S) 2022 LiveLaw (Guj) 211 M/s MBR Flexibles Ltd....

Bulli Bai App Case : Mumbai Sessions Court Grants Bail To Neeraj Bishnoi, Alleged App Creator & 2 Others

A Sessions Court in Mumbai granted bail to three accused – Aumkareshwar Thakur, Neeraj Bishnoi and Neeraj Singh in the Bulli Bai App Case wherein several vocal Muslim women were being advertised for an online auction. Additional Sessions Judge AB Sharma granted bail in the case registered by Cyber Police Mumbai on execution of a personal bond of Rs. 50,000 and one or two sureties of the...

WB Assembly Passes Taxation Tribunal (Amendment) Bill; State Govt To Appoint Chairman & Judicial Members Instead Of Governor

The West Bengal Assembly on Monday passed the West Bengal Taxation Tribunal (Amendment) Bill, 2022 which seeks to replace the Governor with the State Government as the appointing authority of the Tribunal Chairman and judicial members in consultation with the Chief Justice of the Calcutta High Court.Henceforth, the technical member of the Tribunal will also be appointed by the State...

Report By A Surveyor Is An Important Piece Of Evidence And Has To Be Given Due Weightage; NCDRC

The bench of National Commission comprising C. Viswanath, Presiding Member has observed that, the report submitted by a surveyor is an important piece of evidence and has to be given due weight, though it is not sacrosanct and can be ignored, provided there is cogent evidence otherwise. In this case, the Appellant (Insured) is a proprietor of M/s Britolite Industries. He took...

Alarming No. Of Women Succumbing To Breast Cancer Due To Inability To Afford Treatment: Kerala HC Asks Centre To Consider Compulsory Licensing Of Drug Ribociclib

The Kerala High Court has directed the Department for Promotion of Industry and Internal Trade to consider compulsory licensing of Ribociclib, a life-saving breast cancer drug considering the alarming number of women who succumb to the disease merely because they could not afford treatment. Justice V.G. Arun found this issue to be demanding serious consideration at the hands of the...

Chairman Of WB Taxation Tribunal Notified, Appointment Of Technical Member Under Consideration By Governor: State Govt Tells Calcutta HC

The Calcutta High Court on Monday was apprised by the State government that the selection process for the appointment of a technical member to the West Bengal Taxation Tribunal has been completed and that the name of the appointee has been forwarded to the Governor for his consideration. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon...

Suit Against Raymond Ltd & Gautam Singhania : Bombay HC Allows Flatbuyers To Raise Plea That Building Constructed By Raymond Has No Occupancy Certificate

In a relief for flat purchasers of one of the two buildings constructed by Raymond Ltd in the 1960-70's, the Bombay High Court has upheld certain amendments in a suit filed against the company and its chairman Gautam Singhania. The amendments to the plaint pertain to Raymond's alleged failure to obtain an occupation certificate (OC) even after 50-years, non-execution of a conveyance...

Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court

The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies Act, 1956 overrides all the agreements between the affected parties, arbitral proceedings cannot be imposed by a Company on a Debenture Trustee by virtue of the said Scheme only, in the absence of an arbitration agreement between them. The Single Bench of Justice...