Breaking: Actor Assault Case| Kerala High Court Judge Recuses From Hearing Survivor's Plea Alleging Foul Play In Ongoing Probe

Justice Kauser Edappagath of the Kerala High Court on Tuesday morning recused from hearing the petition moved by the survivor actress in the 2017 actor sexual assault case raising serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the 2017 actor assault case. Reports suggest that the survivor had sought for the case to be...

Parties Are Bound By Statements Made By Their Counsel In Court: Punjab & Haryana High Court

The Punjab and Haryana High Court has reiterated that parties are bound by the statements made by their counsel in Court. The observation was made while disallowing a review application filed against an order on the ground of an 'error apparent'.The bench comprising Justice H.S. Madaan held that the counsel for the applicant had not been able to point out any error apparent on the face of...

Must Discourage The Trend Of Filing Writ Petitions Against Public Officials Without Following Due Procedure: Madras High Court

The Madras High Court has expressed concern over the growing "trend" of filing writ petitions in High Court against the public officials, more specifically, Police officials, whenever a criminal case is registered against some persons. A bench of Justice SM Subramaniam observed that this trend should not be encouraged and whenever any litigant faces ill-treatment in a Police Station,...

'Vande Mataram' Song Be Honoured Equally With National Anthem 'Jana Gana Mana': PIL Filed In Delhi High Court

A Public Interest Litigation has been filed in the Delhi High Court seeking a declaration that the song 'Vande Mataram' shall be honoured equally with 'Jana-Gana-Mana' thereby having equal status with it in spirit of the Statement made by the Constituent Assembly Chairman Dr. Rajendra Prasad with regard to the National Anthem, on January 24, 1950. The plea filed by Advocate Ashwini Kumar...

Temperance & Dignity In Language Absolute Essence In Pleadings Filed In Judicial Proceedings: Delhi High Court

The Delhi High Court has observed that temperance and dignity in language is of absolute essence in pleadings filed in judicial proceedings. Justice C Hari Shankar further added thus:"It is not permissible for any litigant, especially in a petition filed through Counsel, to attribute qualities such as obstinacy to a judicial forum. Courts do not pass orders based on personal predilections, but...

'Pious Stream Of Justice' Must Not Be Polluted: Gujarat High Court Refuses Bail To Lawyer Accused Of Cheating & Criminal Breach Of Trust

While opining that it is a matter of shame for a lawyer to be involved in serious offences of cheating, criminal breach of trust and criminal intimidation, the Gujarat High Court has refused bail to the Applicant who had allegedly eloped for 3 years with a huge amount of money during the execution of a sale deed. The Bench comprising Justice Niral R Mehta observed,"applicant being...

While Contesting Application Under Order VII Rule 11 CPC Only Contents Of Plaint Are To Be Seen: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order vide which the application preferred by the defendant no.1 (petitioner) under Order VII Rule 11 of the Code of Civil Procedure, 1908 in a suit for declaration of title was dismissed, held that at the time of contesting the application under Order VII Rule...

Arbitrator Cannot Rewrite Terms Of The Agreement Merely Because It Flouts Business Common Sense: Delhi High Court

The High Court of Delhi held that the arbitrator cannot re-write the terms of the agreement between the parties merely because they flout business common sense. The Single Bench of Justice Vibhu Bakhru has held that an award wherein the arbitrator re-work a bargain between the parties merely because it is commercially difficult for one party to perform the same would be...

Rajasthan High Court Weekly Round Up: May 16 To May 22 ,2022

Nominal Index State Of Rajasthan, Through P.P v. Komal Lodha 2022 LiveLaw (Raj) 164 Simorna v. State of Rajasthan through PP 2022 LiveLaw (Raj) 165 M/s Vivek Pharmachem (India) Ltd. v. State Of Rajasthan & Anr. 2022 LiveLaw (Raj) 166 Om Prakash Kumawat v. Hero Housing Finance Ltd 2022 LiveLaw (Raj) 167 Asstt. Commercial Taxes Officer Versus M/s. Punusumi India Limited...

Tajinder Bagga Arrest Row: Punjab Police Moves Delhi High Court Challenging FIR Lodged By Delhi Police & Subsequent Proceedings

The Punjab Police has moved the Delhi High Court seeking quashing of the FIR registered by the city police, in connection with the arrest of BJP leader Tajinder Pal Singh Bagga, along with subsequent proceedings and orders passed by the Trial Courts here.The plea will be heard on Tuesday by a single judge bench comprising of Justice Anu Malhotra. Bagga was arrested by the Punjab Police...

Vehicle Can't Be Detained For Want Of Second E-Way Bill When The First Was Valid: Calcutta High Court

The Calcutta High Court bench of Justice T.S. Shivagnanam and Justice Hirnmay Bhattacharyya has held that the GST department cannot detain vehicles in the absence of a second e-way bill as the first e-way bill was valid in the interception period. The respondent/assessee submitted that the detention of the vehicle along with the goods and the demand for tax and penalty were...

Modvat Credit Can Be Availed On Steel Plates, M.S. Channels Used In Fabrication Of Chimneys For Diesel Generating Set: CESTAT

The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of P.K. Choudhary (Judicial Member) and P.V. Subba Rao (Technical Member) has ruled that the assessee is entitled to avail of modvat credit on steel plates and M.S. channels used in the fabrication of chimneys for the diesel generating set by treating them as capital...