Punjab & Haryana High Court Weekly Round Up : May 16 To May 22, 2022

Nominal Index Manish Singh @ Golu v. State of UT Chandigarh 2022 LiveLaw (PH) 103Raj Bala v. State of Haryana and Others 2022 LiveLaw (PH) 104Mamta Versus State of Haryana, and connected matter 2022 LiveLaw (PH) 105RANI versus ADDITIONAL DISTRICT MAGISTRATE AND ANR 2022 LiveLaw (PH) 106Harbans Kaur v. Joginder Pal [FAO-M-272 of 2017] 2022 LiveLaw (PH) 107Gurpreet Singh Versus...

Highly Unbelievable One Would Keep Identity Proof In Bag Along With Contraband: Himachal Pradesh High Court Grants Bail To NDPS Accused

While granting bail to an accused under the Narcotics Drugs and Psychotropic Substances Act, 1985, the Himachal Pradesh High Court said that it is highly unbelievable that the persons carrying a commercial quantity of contraband would keep documents relating to their identity in the same bag. Justice Sandeep Sharma was of the view that this creates a suspicion about the correctness of...

IBBI Rescinds Its Previous Circulars

The Insolvency and Bankruptcy Board of India (IBBI) vide its circular dated 23.05.2022 has rescinded various earlier circulars issued by IBBI by exercising its power under Section 196 of the Insolvency and Bankruptcy Code, 2016. As per circular dated 23.05.2022, IBBI conducted an exercise of review of its circulars and withdrew its earlier circulars as these circulars are...

[Actor Assault Case] 'This Court Is Not Powerless': Kerala High Court In Survivor's Plea Suspecting Foul Play In Ongoing Investigation

The Kerala High Court on Wednesday directed that the accused be added as parties in the plea moved by the survivor in the 2017 actor sexual assault case where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case.Justice Ziyad Rahman orally remarked that the Court was not powerless when the petitioner's...

Review | Order 47 Rule 1 CPC Can't Curtail High Court's Power To Pass Orders Ex Debito Justitiae: Calcutta HC

The Calcutta High Court while enumerating upon the vires of power in plenary jurisdiction observed that although Order 47, Rule 1 of the CPC imposes a restriction upon parties to approach the Court for review of an order only on the grounds mentioned therein, however such a provision does not and cannot curtail the High Court's power to pass orders ex debito justitiae.A Bench comprising...

Delhi High Court Reprimands Petitioner For Publicizing PIL Seeking Same Status For "Vande Mataram" As "Jana Gana Mana"; Issues Notice

The Delhi High Court, while issuing notice on a petition filed by Advocate Ashwini Kumar Upadhyay seeking a declaration that the song 'Vande Mataram' shall be honoured equally with national anthem 'Jana-Gana-Mana', has expressed its displeasure for publicizing the filing of the petition in the media."This seems to be an exercise in publicity. You have no business going to the press and...

Orissa High Court Issues Directions To Govt For Improving Public Healthcare Facilities In State

The Orissa High Court recently held hearing on a holiday (21st May 2022) to review the lacunae in the Public Healthcare Facilities of the State. It also issued a slew of directions to the State Government for improvement of conditions in the government hospitals. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik observed, "Nearly six months...

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200

Stating that the Insurance Company had unnecessarily filed an appeal for challenging a small compensation amount in a motor vehicles accident claim, Justice Sandeep Bhatt has affirmed the award of INR 65, 200 passed by the Motor Accident Claims Tribunal and dismissed the appeal of the Insurance Company. The brief facts of the case were that the Claimant (Respondent No. 1) was riding in...

Detention Order A Preventive Measure, Sense Of Urgency Is Must, Failure To Serve/ Detain At Earliest Possible Defeats Its Purpose: Delhi High Court

The Delhi High Court has observed that the purpose of detention order is a preventive measure and if the detenu is not served or detained at the earliest possible, keeping in view the spirit of Article 22(5) of the Constitution of India, the purpose is defeated.A division bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta quashed the detention order issued under...

[K-Rail] SIA Conducted Via Digital Means, No More Survey Stones: State Informs Kerala High Court

The Kerala High Court was informed by the State on Tuesday that the practice of placing survey marks has been done away with and the social impact assessment (SIA) for the K-rail project was being conducted through digital methods such as geo-tagging wherever the people take objection to lay survey stones for the survey.Justice Devan Ramachandran recorded this submission and observed that...

Attempt To Get Civil Dispute Resolved By Invoking Criminal Court's Jurisdiction Amounts To Abuse of Process of Court: Rajasthan High Court

The Rajasthan High Court has observed that the attempt of a complainant to get the civil dispute resolved by resorting to invoking jurisdiction of a criminal court amounts to abuse of the process of the court. In the present case, the court noted that the real dispute between the parties is prima facie of civil nature which cannot be adjudicated by a criminal court.Justice Birendra Kumar,...

Bar Associations Cannot Pass Resolutions Against Representing A Person, Shall Amount To Violation Of Constitution: Madras High Court

Condemning the act of the Karaikudi Bar Association in passing a resolution stating that no one shall represent certain accused in a case, the Madras High Court held that such a resolution is illegal; and null and void and the same shall have no force of law. Even in instances where there has been an attack on advocates, the same should be condemned sternly and the attackers should be...