Object Of Engrafting Section 319 CrPC Is To Not Allow A Person Who Deserves To Be Tried To Go Scot-Free: Allahabad High Court

Explaining the scope and power of the court under Section 319 CrPC, the Allahabad High Court recently observed that this provision allows the court to summon those persons who are not named in the charge sheet to appear and face trial (in certain circumstances).The Bench of Justice Vikas Budhwar observed that the very object of engrafting section 319 Cr.P.C. is to not allow a person who...

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error

The Madhya Pradesh High Court, Gwalior Bench recently directed reinstatement of an Anganwadi Worker holding that the authorities did not follow the principles of natural justice while deciding her case. The Court further held that the plea of alternate remedy would not come to rescue of the State as the Project Officer took action against the Petitioner at the insistence of...

Each And Every Sanitary Worker Should Be Told About Their Rights & Entitlements In UP: Allahabad HC Directs UP Govt

In a significant order, the Allahabad High Court has directed the Uttar Pradesh Government to hand over every sanitary worker a printed pamphlet enlisting their rights and entitlements.In this regard, the Bench of Justice Chandra Kumar Rai and Justice Manoj Kumar Gupta has asked the State Government to prepare a brief one-page pamphlet specifying the rights and entitlements of the...

Madras High Court Weekly Round-Up: June 6 - June 12 2022

Citations: 2022 LiveLaw (Mad) 239 To 2022 LiveLaw (Mad) 247 NOMINAL INDEX K Ravichandran and others v. The Chief Secretary and others, 2022 LiveLaw (Mad) 239 S Nalini v The Deputy Inspector General of Prisons and another, 2022 LiveLaw (Mad) 240 P Arumugam v. The General Manager(Administration) TNCSC and another, 2022 LiveLaw (Mad) 241 S Gopikrishnan v. Regional Officer,...

Karnataka High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index:CITATIONS: 2022 LiveLaw (Kar) 190 To 2022 LiveLaw (Kar) 203 ANAND C. @ ANKU GOWDA & others v. CHANDRAMMA 2022 LiveLaw (Kar) 190 ACHUT D. NAYAK & Others v THE SUB-DIVISIONAL MAGISTRATE & ANR 2022 LiveLaw (Kar) 191 NEW INDIA ASSURANCE COMPANY LIMITED v. ABDUL S/O MEHABOOB TAHASILDAR and C/W matter. 2022 LiveLaw (Kar) 192 DIVYA & ANR v. STATE OF...

Scope Of Judicial Review In Contractual Matters Involving Technical Issues Is Limited: Gujarat High Court Reiterates

Opining that the scope of judicial review in contractual matters, particularly which require technical know-how is limited, the Gujarat High Court has refused to interfere with the order passed by the Dispute Resolution Panel where the Petitioner's challenge to the show cause notices issued by Indian Oil Corporation were dismissed. The brief facts of the case were that the Petitioner...

Tax Cases Weekly Round-Up: 5 June To 11 June, 2022

Delhi High Court Show Cause Notice Mailed To The Wrong Email Address: Delhi High Court Remands The Matter To The Assessing Officer For A Fresh Decision Case Title: M/s Schneider Electric India Pvt. Ltd. Versus ACIT Citation: 2022 LiveLaw (Del) 545 The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has remanded the matter to the...

Arbitration Cases Weekly Round-Up: June 5 To June 11, 2022

Bombay High Court: A Reference To Arbitration Can Be Declined By The Court If The Dispute Is A Deadwood: Bombay High Court Case Title: D.K. Infrastructure Pvt. Ltd. versus Kishore Agarwal and Anr. The Bombay High Court has held that once the Court is satisfied regarding the existence of an arbitration agreement between the parties, the Court can decline to make a...

"Good Samaritan Turned Into Foe": Madras High Court Quashes Proceedings Against Person Who Acted As Mediator In Matrimonial Dispute

The Madras High Court recently quashed the FIR against a man, who tried to reconcile the differences between a couple through compromise, but was himself dragged into the embroil with the filing of a FIR against him by one of the spouse."It is a classical case, good samaritan turned into foe in the process of conciliation between the husband and wife," Justice G Ilangovan observed at...

Flat Purchasers Cannot Be Made To Wait For An Indefinite Period Hoping To Obtain Possession; Reiterates NCDRC

The bench of National Commission comprising Justice Deepa Sharma, Presiding Member and Subhash Chandra, Member has observed that, the opposite party has not provided any documentary evidence to prove that the complainants are not 'consumers' under the scope of section 2 (1) (d) of the Consumer Protection Act, 1986, except relying on the fact that they paid 50% of the amount in...

Delhi High Court Weekly Round Up: June 6 To June 12, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 543 TO 2022 LiveLaw (Del) 565VISHAL PIPES LIMITED v. BHAVYA PIPE INDUSTRY 2022 LiveLaw (Del) 543CAPITOL ART HOUSE (P) LTD v. NEHA DATTA 2022 LiveLaw (Del) 544 M/s Schneider Electric India Pvt. Ltd. Versus ACIT 2022 LiveLaw (Del) 545Karida Real Estates Private Limited Versus ACIT 2022 LiveLaw (Del) 546JAMAHIR ALIAS JAWAHAR v. THE STATE GOVT OF NCT OF...

Service Tax Not Payable On Liquidated Damages Collected From Contractor: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) ruled that service tax is not payable on liquidated damages collected from the contractor. The appellant/assessee is in the business of providing taxable services under the head renting of immovable properties, legal consultation, manpower supply service,...