'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...

Approach Bar Council If Lawyer Not Serious Towards Profession: MP HC Rejects Plea To Recall Witness For Cross-Examination Over Counsel's Absence

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application moved by Applicant/accused to recall a prosecution witness for cross-examination on the grounds that his lawyer could not cross-examine the witness as the members of the bar were abstaining from work on the date when his case was listed. Hearing the application under Section 482 CrPC, moved by the...

Substandard Pooja Items Sold In Temple Premises: Kerala High Court Says Temple Advisory Committee Bound To Keep Constant Vigil

The Kerala High Court on Friday held that the Temple Advisory Committee constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act is bound to keep constant vigil over the sale of vazhipadu (pooja items) in the stalls on the temple premises, to ensure that the Kuthaka holder (successful bidder) is not selling any substandard pooja items to devotees.A Division Bench...

'Huge Scam, Hand In Gloves With Govt Officers': Madhya Pradesh High Court Directs DGP To Investigate Irregularities In Procurement Of Paddy

The Madhya Pradesh High Court recently directed the DGP of the State to handover the investigation of a case related to alleged irregularity in paddy procurement, to a special agency or any responsible officer since prima facie, the case appeared to be a huge scam involving misuse of public money.Justice Sanjay Dwivedi was essentially dealing with an application for grant of...

Amount Given As 'Share Application Money' Is Not Covered Under Financial Debt: NCLAT, Delhi

The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Pramod Sharma v Karanaya HeartCare Pvt. Ltd., has held that money given as 'Share Application Money' cannot be treated as a financial debt in order...