Initiation Of Malicious Prosecution By Income Tax Dept. Abusing Power: Madras High Court

The Madras High Court bench of Justice G. Jayachandran has held that the suppression of material facts, the intentional suggestion of falsehood and the non-application of mind go to show that there was a malicious prosecution initiated by the Income Tax department by abusing its power. The petitioners need not be forced to undergo the ordeal of a trial, which has no legs to stand...

Preventive Detention Orders Can Be Passed Even When A Person Is In Police/Judicial Custody, Compelling Reasons Must Be Recorded: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that preventive detention orders can be passed even when a person is in police/ judicial custody or involved in a criminal case but for doing so, compelling reasons are to be recorded. Justice Sanjay Dhar observed: "It is trite law that the preventive detention orders can be passed even when a person is...

WB Heatwaves: PIL Filed In Calcutta High Court Against State's Decision To Prolong School Summer Vacations

A Public Interest Litigation (PIL) has been filed before the Calcutta High Court against the decision of the West Bengal government to declare a 45-day summer vacation for schools from May 2 to June 15 in view of the prevailing heatwave conditions. West Bengal Chief Minister Mamata Banerjee had last month recommended all educational institutions across West Bengal to take an early summer...

'Child's Welfare Paramount': Gujarat High Court Grants Custody Of 5-Yr Old Orphan To Maternal Aunt Over Paternal Grandparents

The Gujarat High Court recently granted custody of a 5 years old child, whose parents had passed away during Covid-19 pandemic, to his maternal aunt, over the claim made by his paternal grandparents.The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt observed,"The court while deciding the child custody cases is not bound by the mere legal right of the parent or...

Ranveer Singh Starrer "Jayeshbhai Jordaar" Challenged In Delhi High Court Over Portrayal Of Prenatal Sex-Determination Scene In Trailer

An NGO namely Youth Against Crime has moved the Delhi High Court challenging Ranveer Singh starrer Yashraj film "Jayeshbhai Jordaar" over depiction of a prenatal sex-determination scene in the trailer. The film is set to hit the theatres on May 13. The matter was mentioned today before a bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla. The plea filed by...

Post-Award Interest Is Not Advisory But A Mandate Of The A&C Act: Calcutta High Court

The Calcutta High Court has ruled that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 (A&C Act) and it should be given its due weightage. The Single Bench of Justice Moushumi Bhattacharya reiterated that post award interest is a safeguard against delayed payment of the amount awarded to the award...

Breaking: [Hanuman Chalisa Row] Navneet Rana & Ravi Rana Granted Bail By Mumbai Special Court

The Mumbai Special Court on Monday allowed the bail applications of independent MP Navneet Rana and her husband MLA Ravi Rana in the sedition FIR over forcibly wanting to chant the hanuman chalisa outside the personal residence of Uddhav Thackarey, Chief Minister of Maharashtra.The bail is subject to execution of personal bonds of Rs. 50,000 each. They have also been directed not to...

Breaking: Bombay High Court Rejects Review Plea Seeking Default Bail To Varavara Rao, Vernon Gonsalves & Arun Ferreira

The Bombay High Court has rejected a review application filed by three accused in the Bhima Koregaon – Elgar Parishad Case seeking bail and factual corrections in the order refusing them default bail. The court disposed of a review application filed by the three, seeking factual corrections in the order refusing them default bail and subsequently release. A division bench led...

Rule Of 'Audi Alteram Partem' Not Mandatory Where Opportunity Of Hearing Would Make No Difference In The Outcome: J&K&L High Court

Jammu & Kashmir and Ladakh High Court recently upheld an order where a person's pension was withdrawn by way of an order without affording him an opportunity of being heard. Justice Sanjeev Kumar observed that the plea of the petitioner that he was not provided a prior opportunity of being heard is not tenable in law: "The plea of the petitioner that he was not provided a...

Specific Marks Can't Be Awarded To Students When Exams Not Conducted Due To Covid-19: Madras High Court Upholds State Board's Decision

The Madras High Court recently held that there was no illegality in the state government's decision promoting students and awarding secondary school marksheets, without awarding specific marks to each student, for the reason that the examinations could not be held due to Covid-19.The court highlighted that the same is a policy decision and does not warrant any interference from...

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court

The Orissa High Court has held that there is 'no prohibition' to bring an application under Order 21 Rules 97, 99 and 101 even after rejection of a similar application under Order 1 Rule 10, CPC. Order 1 Rule 10 contemplates impleadment of parties.Order 21 Rules 97 empowers a decree holder to move an application in Court against resistance to possession of an immovable property. Rule 99...

Decision Of Homebuyers As A Class Is Binding On Every Homebuyer: NCLAT, Delhi

National Company Law Appellate Tribunal (NCLAT), Principal Bench New Delhi in a recent case of Sandeep Kumar Jain versus Anil Tayal held that decision taken by the homebuyers as a class is binding on every single homebuyer. The bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla was hearing the appeal filed by two homebuyers against the order of NCLT New Delhi...