Punjab & Haryana High Court Weekly Roundup: June 13 - June 19, 2022

Nominal Index [2022 LiveLaw (PH) 142 - 2022 LiveLaw (PH) 156]Raj Kumar v. State of Haryana and Others 2022 LiveLaw (PH) 142 National Highway Authority of India v. Competent Authority, Land Acquisition-cum-District Revenue Officer, Ludhiana and others, with connected matters 2022 LiveLaw (PH) 143 Ashok Kumar Versus State of Haryana 2022 LiveLaw (PH) 144 DHANPREET SINGH AND ANR V. STATE...

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court

The Kerala High Court has held that a delinquent's right to receive the enquiry report is considered an essential part of a reasonable opportunity to be extended to them and a refusal to furnish the report amounts to a denial of their right to defend themselves in the disciplinary proceedings. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P also held that...

S 171 Contract Act - Bank Can't Retain Title Documents After Repayment Of Loan Citing Pendency Of Another Loan : Bombay High Court

A bank cannot retain title documents of a borrower's house after repayment of a loan, citing general lien on documents, merely because of pendency of another loan, the Bombay High Court has held. The bench partly-allowed a borrower's writ petition and directed Union Bank of India to handover title documents of his flat despite recovery proceedings, for another unpaid loan by...

Award Holder U/S 36 Of Arbitration Act Entitled To Be Secured Of Entire Award Value: Calcutta High Court

The Calcutta High Court on Wednesday observed that an award holder has the statutory safeguard under Section 36 of the Arbitration and Conciliation Act, 1996 (Act) to secure the entire arbitral award amount even during the pendency of an application for setting aside of the award and that such a security must be real and not illusionary or insignificant.Justice Shekhar B. Saraf was...

Accused Being Harassed By Investigating Officer In A Bid To Purchase His Land In Tribal Belt: Gauhati High Court Orders Change Of IO

The Gauhati High Court, on Tuesday, directed the Commissioner of Police to change the investigating officer of a theft case, after the accused alleged that the present IO was acting out of personal vendetta against him due to a dispute between them over a tribal land.The petitioner had been arrested for the theft of two motorcycles which were later recovered by the police. Submitting that...

Sister Abhaya Murder Case: Kerala High Court Grants Bail To Convicts Sister Sephy, Father Kottoor With Conditions

The Kerala High Court on Thursday allowed the applications filed by convicts Sister Sephy and Father Thomas Kottoor seeking suspension of the life sentence imposed on them in the sensational Sister Abhaya murder case.A Division Bench of Justice K Vinod Chandran and Justice C. Jayachandran thereby granted bail to the convicts with the condition to execute bonds of Rs. 5 lakh each and two...

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'). The Court was of the opinion that Trial Courts are required to attract 'specific attention' of accused to those materials which are likely...

Midnight Hearing At Judge's Residence : Madras High Court Restrains AIADMK General Council From Passing Any Resolution

The Madras High Court conducted a midnight hearing to decide upon the appeals preferred by M Shanmugham, AIADMK's general council member against the single judge order passed earlier in the day where the single judge refused to restrain the party from making any amendments to its bye-laws. The appeals were heard by Justice Sunder Mohan and Justice Duraiswamy at the former's residence. The...

NLSIU Alumni Condemn Administration For Punishing Student Facilitators Who Shared Survivor's Sexual Harassment Experience On Her Request

The alumni of the National Law School of India University (NLSIU) have issued a statement condemning the university administration for initiating disciplinary proceedings against two female student facilitators appointed under its Code to Combat Sexual Harassment (SHARIC) for narrating a survivor's experience of sexual harassment by a current student of NLSIU. According to the statement...

CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court

The Kerala High Court recently ruled that under the Code of Civil Procedure (CPC), when there is an order of rateable distribution for a property in favour of separate decree holders, one of them cannot claim to set-off their entire debt from the sale proceeds.A Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar held that in a case where rateable distribution is ordered by...

Patna High Court Invites Bids To Buy iPhone 13 Pro (256GB) For Its Judges

The Patna High Court has issued a tender notice inviting bids for supply of Apple iPhone 13 Pro (256 GB) for all High Court judges."Sealed quotations are invited from the reputed firms/authorized dealers/suppliers/service providers for supply of Apple iPhone 13 Pro(256GB) for the Hon'ble Judges of this Court", the tender notice stated.The following are the tender conditions :- The rate quoted...

Karnataka HC To Hear Objection To Maintainability of Petition Filed By Google India On July 8

The Karnataka High Court on Wednesday said it would on July 8, hear the application filed by Alliance of Digital India Foundation questioning the maintainability of the petition filed by Google India Pvt Ltd seeking to restrain the Competition Commission of India (CCI) from divulging confidential information of the company to the complainant Alliance Of Digital India Foundation. A...