News Updates
'Question Of Credibility & Trust': Punjab & Haryana HC Says Employer Can't Be Compelled To Hire Employee Who Deliberately Suppresses Factum Of Arrest
Punjab and Haryana High Court on April 25, 2022, while dealing with an appeal against the order of the Trial Court regarding the action of the respondents denying appointment to the petitioner for the post of Constable on the ground that he had suppressed material information regarding his arrest, reiterated that employer cannot be forced to continue with an employee who has made a...
"Justice Isn't For Accused Only; It Must Be Done To Victim Also": Allahabad HC Dismisses Gang-Rape Accused Case Transfer Plea
"Justice is not for the accused only, justice should also be done with the victim," remarked the Allahabad High Court as it dismissed 3 pleas filed by gang-rape accused seeking transfer of their trial from Jhansi District to any other district.The Bench of Justice Anil Kumar Ojha observed that if a case is transferred, it will add insult to the injury to the gang-rape victim."If the case...
Kopardi Rape Case: Bombay High Court Permits Convicts To Pursue Academics In Jail
The Bombay High Court has welcomed the desire expressed by two convicts in the Kopardi rape and murder case to pursue further studies in jail.A bench of Justices Prasanna B. Varale and SM Modak allowed the petitions even as their death penalty is pending confirmation. The duo, Jitendra Shinde and Nitin Bhailume were convicted in November 2017 for the rape and murder of a minor at Kopardi...
Executing Court Can't Go Behind Decree & Give Relief To Judgment Debtor That Was Expressly Denied To Him: Delhi High Court Reiterates
The Delhi High Court has reiterated that the executing Court cannot go behind the decree that is to be executed and give relief to the judgment debtor that was expressly denied to him. Justice Subramonium Prasad was dealing with a revision petition challenging the order dated 04.04.2022 passed by the Additional Rent Controller whereby the objection petition filed by the Petitioner under sec....
Spot Memos Issued By Audit Department Unenforceable, Since Earlier Proceedings On Same Issue Not Completed: Calcutta High Court
The Calcutta High Court has quashed the spot memos issued to the assessee by the audit department and ruled them unenforceable since earlier proceedings initiated by the revenue department on the same issue were not completed. The Bench, consisting of Justices T. S. Sivagnanam and Hiranmay Bhattacharyya, observed that different wings of the same department had been issuing notices...
The Arbitral Tribunal Cannot Reduce The Liquidated Damages On 'Guess Work': Delhi High Court
The High Court of Delhi has held the arbitral tribunal cannot reduce the liquidated damages on 'guesswork' if it finds that it is genuine pre-estimated damages and it is not possible to quantify the damages. The Single Bench of Justice Bakhru held that once the arbitrator finds that the employer has suffered substantial losses due to the fault of the contractor and the contract...
DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC
The Delhi High Court has observed that the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household" under Domestic Violence Act. Justice Prateek Jalan observed thus:"Just as the woman living fleetingly or casually at different places, would not convert...
Bank Account Of Any Of The Relatives Of An Accused Can Be Seized U/S 102 CrPC: Jammu & Kashmir & Ladakh High Court
The Jammu and Kashmir and Ladakh High Court has clarified that the bank account of any of the relations of an accused (of an offence being probed into) falls within the definition of property under Section 102 CrPC.The Bench of Justice Sanjay Dhar further observed that a police officer, during the course of the investigation, can seize or prohibit the operation of the said account of...
Kalkaji Temple Redevelopment: Delhi High Court Directs Erection Of Boundary Wall To Prevent Encroachments By Vendors, Unauthorised Occupants
Observing that the entire process of redevelopment of the Kalkaji temple would be severely jeopardized if encroachments happen on a daily basis either by vendors or any other unauthorized occupants, the Delhi High Court has directed erection of boundary wall surrounding the temple premises in order to prevent such encroachments.Justice Pratibha M Singh was dealing with a bunch of pleas...
Allahabad High Court Dismisses Actress Jaya Prada's Plea Challenging Mohd Azam Khan's Win In 2019 Lok Sabha Election
The Allahabad High Court on Friday dismissed an election petition filed by actress Jaya Prada challenging the election of Samajwadi Party leader Azam Khan from the Rampur parliamentary constituency.The Bench of Justice Saumitra Dayal Singh dismissed the plea for want of prosecution that is to say in the absence of the counsel for Jaya Prada. All pending applications were accordingly...
Telangana High Court Refuses To Quash FIR Against Vikram Limaye & Priya Subbaraman In Anugrah Stock & Broking Case
The Telangana High Court recently ruled that the proceedings against Vikram Limaye & Priya Subbaraman in Anugrah Stock & Broking Case cannot be quashed under Section 482 CrPC if the role played by them in the commission of the offence is unclear and the investigation is not completed. The power under Section 482 has to be sparingly used to quash FIR. Brief Facts of the...
Can Medical Assessment & Rating Board Recommend Cancellation Of Admission Of Students? Rajasthan High Court To Consider
Rajasthan High Court is set to determine whether the Medical Assessment & Rating Board (MARB) can recommend for cancellation of admission of the students in various medical courses.The question has arised in the background of several writ petitions filed by medical colleges and its students, challenging the recommendations made by MARB for withdrawal of letter of permission, cancellation...