News Updates
Delhi High Court Weekly Round Up: April 18 To April 23, 2022
CITATIONS 2022 LiveLaw (Del) 333 TO 2022 LiveLaw (Del) 360NOMINAL INDEXCase Title: Asifa v. State of NCT of Delhi 2022 LiveLaw (Del) 333Case Title: RISHU AGGARWAL v. MOHIT GOYAL 2022 LiveLaw (Del) 334Case Title: Neha Pudil v. Union of India & Ors. 2022 LiveLaw (Del) 335Title: SNAPDEAL PRIVATE LIMITED v. GODADDYCOM LLC AND ORS. 2022 LiveLaw (Del) 336Case Title: LIVING MEDIA INDIA LIMITED...
Kerala High Court Weekly Round Up: April 18 To April 24 2022
Nominal Index [Citations: 2022 LiveLaw (Ker) 181 - 2022 LiveLaw (Ker) 191]Muhammed Hasheer Poolakkal v. United Arab Bank & Anr, 2022 LiveLaw (Ker) 181Reji K. Joshy & Ors. v. Joint Registrar of Cooperative Societies & Ors., 2022 LiveLaw (Ker) 182Joseph v. State of Kerala, 2022 LiveLaw (Ker) 183 P. Gopalakrishnan @ Dileep & Ors v. State of Kerala & Anr., 2022 LiveLaw...
Police Officer Can Suo Motu Make Further Investigation In Cognizable Cases, Magistrate's Permission Not Required: Allahabad High Court
The Allahabad High Court recently observed that police have unfettered powers of investigation and such investigation can continue even after the charge sheet has been filed under Section 173 (2) CrPC and cognizance has been taken thereon. "...A Police Officer can suo motu make further investigations in cognizable cases...No permission of the Magistrate is required for carrying out...
Won't Demolish House Without Following Due Process Of Law, MP Govt Tells HC On Plea Of Wife Of Khargone Riots Accused
The High Court of Madhya Pradesh, Indore Bench, recently received assurance from the State of Madhya Pradesh that the authorities won't proceed with demolition of House of the Petitioner, whose husband was accused in the Khargone riots case, without following due process of law. The Petitioner was allegedly being threatened by the State with an ultimatum of razing down her house because...
'Peaceful Agitation Citizen's Fundamental Right': Mumbai Court Acquits 5 Women Who Protested For Water Supply
A Mumbai court has recently held that peaceful agitation is the Fundamental Right of every citizen and acquitted five women accused of unlawfully assembling to protest against no water supply in their area. Metropolitan Magistrate R. S. Pajankar of 52nd Court, Kurla, Mumbai observed that in a democratic country peaceful protest is a fundamental right of the citizens "All ladies...
Attachment Order U/S 146 CrPC Can't Be Passed On A Mere Apprehension Of Breach Of Peace: Chhattisgarh High Court
The Chhattisgarh High Court has observed that on mere apprehension of breach of peace, without explaining the circumstances, an attachment order under Section 146 CrPC cannot be passed.The bench of Justice Goutam Bhaduri further asserted that a Magistrate has to satisfy himself as to whether any 'emergency exists' before he passes an order of attachment under Section 146 CrPC.It may be noted...
Reliance Cancels Rs. 24,713 Crores Worth Of Deal With Future Group
In a regulatory filing on 23.04.2022, Reliance Industries Limited has intimated to the BSE Ltd. and National Stock Exchange of India Ltd. that their scheme of arrangement with Future Group of companies 'cannot be implemented', as secured creditors of Future Retail Limited ("FRL") have voted against the scheme in the Shareholder's meeting held from 20th April to 23rd...
Court Can't Grant Interim Relief Under Section 9 Of A&C Act, If The Contract Is Determinable: Bombay High Court
The Bombay High Court has held that an application for interim relief in the form of specific performance of the contract would not be maintainable when the nature of the contract is determinable. The Single Bench of Justice G.S. Kulkarni has held that specific performance cannot be granted in respect of an agreement that can be terminated by either of the parties without assigning...
If Original Agreement Contains Arbitration Clause, Subsequent Agreement Extending Just Validity Need Not To Have A Separate Arbitration Clause: Calcutta High Court
The High Court of Calcutta has held that a subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made only to extend the validity of the original agreement that contained an arbitration clause. The Single Bench of Justice Shekhar B. Saraf has held that if the new agreement provides for a specific reference to the terms of...
Calcutta High Court Dismisses PIL Praying To Print Netaji Subhas Chandra Bose's Image On Indian Currency
The Calcutta High Court recently dismissed a Public Interest Litigation (PIL) plea seeking directions to print images of Netaji Subhash Chandra Bose on Indian currency notes. The plea had been moved by 94-year-old freedom fighter, one Haren Bagchi Biswas.The bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj took into account the decision of the Madras High Court in...
Default Bail- Merely Because Courts Were Closed For Holi Holidays, Prosecution Can't Get Benefit of Filing Charge-Sheet After Expiry of Stipulated Time: Rajasthan HC
The Rajasthan High Court observed that merely because the courts were closed for Holi Holidays, the prosecution cannot get the benefit of filing the charge-sheet after expiry of the period of 60 days or the stipulated period of time mandated by law. The court noted that it is a settled proposition of law that if the contraband recovered is below commercial quantity, the charge-sheet...
"Evidence Of Witness Can't Be Disbelieved On Ground Of Minor Contradictions In Testimony": Allahabad High Court Upholds Murder Conviction
The Allahabad High Court has reiterated that minor contradictions in the testimony of a witness which do not go to the root of the matter are not material contradictions and on this ground alone, the evidence of such witness cannot be brushed aside/disbelieved.Observing thus, the bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) upheld the judgment and order of Sessions...