Every Infraction Of Law Does Not Necessarily Affect Public Order/ Security Of State: J&K&L High Court Quashes Preventive Detention Order

The Jammu and Kashmir High Court recently set aside a detention order while differentiating between disturbance in public order and threat to security of State. The order was passed by Justice Vinod Chatterji Koul who said that an act may affect public order, but not necessarily the security of the State: "Every infraction of law must necessarily affect order, but an affecting law...

Once An Order Is Passed By Court Employers Have To Accept The Same As It Is Even If It Is Liked Or Not Liked By Them: Supreme Court

The Supreme Court has recently observed that once an order is passed by this Court or any other Court, the employers have to accept the same as it is even if it is liked or not liked by them. The bench of Justices MR Shah and BV Navarathna has also observed that the employers have to implement the order passed by the Court as they are. "Before we pass any further order...

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

The Court added that the power of general control is confined only to matters of administration

NCLT Mumbai Grants Time To Future Retail Ltd. To File Reply In Insolvency Plea

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while hearing a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("IBC"), titled Bank of India v Future Retail Ltd., has granted time to Future Retail Ltd. for filing a reply to the petition. The next...

Telangana High Court Live Streaming Rules Approved By Chief Justice, State Govt Asked To Publish It In Official Gazette

The Telangana High Court has written to the State Government asking it to publish rules on Telangana High Court Live Streaming and Recording Of Court Proceedings in the official gazette.It was also informed to the Government that the Chief Justice of the High Court has approved the rules for Live Streaming of court proceedings and they shall be deemed to have come into effect on May 1,...

Court Fee In A Suit Seeking Cancellation Of Document To Be Computed Based On Value Shown In The Document: Kerala High Court

However, no separate court fee is payable in a suit for partition, the Court reiterated.

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl

The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl had narrated her ordeal in words as well as in signs and had explained...

Proceedings U/S 145 CrPC Has To Be Discontinued If Civil Suit For Possession Or Declaration Of Title Of Same Property Is Pending: Allahabad HC

The Allahabad High Court (Lucknow Bench) has observed that where a civil suit for possession or declaration of the title in respect of the same property is pending, the proceedings under Section 145 CrPC are liable to be discontinued.The Bench of Justice Karunesh Singh Pawar also ruled that a Magistrate exercising jurisdiction under Section 145 CrPC cannot withdraw the proceedings upon...

Procedure For Search Under Immoral Traffic (Prevention) Act Is Directory & Not Mandatory: Madras High Court

The Madras High Court recently dismissed a criminal petition filed challenging the action taken by Police Authorities against the owners and manager of Willow & Spa and charging them under Sections 3(2)(a), 4(1), and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956. The bench of Justice AD Jagadish Chandira observed that the petition did not have any merits as the petitioners...

Court Can't Decide On Need For Constructing New Highways, Purely Policy Decision: J&K&L High Court

The Jammu and Kashmir High Court has dismissed a petition which challenged government land acquisition on ground that there is no need for constructing a new national highway as there already exists a highway which can be repaired and widened. The petition was dismissed by a division bench of Justice Moksha Khajuria Kazmi and Justice Pankaj Mithal observing: "The submission that...

Orissa High Court Monthly Digest: April 2022 [Citations 38-55]

Nominal Index: 1. Indrajit Sengupta & Anr. v. State of Odisha & Ors., 2022 LiveLaw (Ori) 38 2. Sri Gadadhar Barik v. Sri Pradeep Kumar Jena & Anr., 2022 LiveLaw (Ori) 39 3. Asha Hans v. State of Odisha & Ors., 2022 LiveLaw (Ori) 40 4. Krushna Prasad Sahoo v. State of Orissa & Ors., 2022 LiveLaw (Ori) 41 5. Rohita...

Weekly Round-Up of Arbitration Cases : April 24 to April 30, 2022

Supreme Court Group Of Companies Doctrine Can Be Applied To Bind Non Signatory To An Arbitration Agreement: Supreme Court Case Title: Oil and Natural Gas Corporation Ltd. versus Discovery Enterprises Pvt. Ltd Citation: 2022 LiveLaw (SC) 416 The Supreme Court, in a judgment delivered on 27th April 2022, explained the 'Group of companies' doctrine which postulates...