News Updates
Allahabad HC Frowns Upon Law Students 'Flooding' Court With PILs Based On Internship Projects, Failure To Pursue Case Thereafter
Referring to the practice of law students filing Public Interest Litigation (PIL) pleas in the High Court based on their internship projects and thereafter not pursuing the matters, the Allahabad High Court recently frowned upon such students as it remarked that the Court can't be made a dumping ground for pushing all such internship reports.The Bench of Chief Justice Rajesh Bindal and...
Allahabad High Court Dismisses PIL Seeking Reorientation Of Teacher-Student Ratio In Schools Run By UP's Basic Education Dept
The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea filed seeking a direction to the Uttar Pradesh Government to take a decision for reorientation of the teacher-student ratio in the Schools being run by the Department Of Basic Education in Uttar PradeshThe Bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh perused the pleadings and noted that...
Compliance Of Pre-Deposit Under Section 43(5) Of The RERA Act Mandatory To Be Complied Before Entertainment Of Appeal In A Tribunal: Allahabad HC
The Allahabad High Court has observed that the statutory compliance of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 ("the Act") by a 'promoter' before the entertainment of an appeal in an Appellate Tribunal is mandatory. A Single-judge Bench comprising Justice Ranjan Agarwal, by an order dated 12.04.2022, rendered this observation...
Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court
The Chhattisgarh High Court has observed that in cases where a further investigation has been carried out then irrespective of its outcome, such further investigation report is required to be placed before the Court of Magistrate.The Bench of Justice Goutam Bhaduri observed thus while relying upon the ruling of Supreme Court recent ruling in the case of Luckose Zachariah @ Zak Nedumchira Luke...
Quantum Of Debt Not To Be Decided At The Stage Of Admission Of A Section 7 Petition Under IBC: NCLAT,Delhi
The National Company Law Appellate Tribunal ("NCLAT") Bench comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in the matter of Rajesh Kedia v Phoenix ARC Pvt. Ltd., has held that the quantum of debt is not be considered at the stage of admission of a petition under Section...
Arbitration Agreement Not Discharged By Death Of A Party And Is Enforceable Against The Legal Representatives: Calcutta High Court
The Calcutta High Court has ruled that an arbitration agreement will not be discharged by the death of a party and it will be enforceable by or against the legal representatives of the deceased party. The Single Bench of Chief Justice Prakash Shrivastava held that though the legal representatives were not signatories to the arbitration agreement, but being the legal...
Panchayat Has No Authority To Decide Question Of Revenue Entries As It Lies In Domain Of Revenue Authority Of State Of Rajasthan: High Court
The Rajasthan High Court observed that Panchayat has no authority to decide the question of the revenue entries as the same lies in the domain of the revenue authority of the State of Rajasthan. Justice Vineet Kumar Mathur, observed, "Thus, the revenue entries in the name of petitioner as stand today creates no doubt with respect to the title of the land in question. It is also...
Witness Examined U/S 165 Evidence Act Is Required To Be Cross Examined To Elicit Further Truth/Other Relevant Facts: Chhattisgarh High Court
The Chhattisgarh High Court has observed that when a witness is examined/questioned under Section 165 of the Indian Evidence Act in a given case, then he/she is required to be cross-examined to elicit further truth/other relevant facts.The Bench of Justice Goutam Bhaduri observed thus while allowing a plea filed by a rape accused whose application moved to summon and cross-examine...
Special CBI Court Refuses Further CBI Custody Of Anil Deshmukh In Corruption Case
The Special CBI court on Wednesday refused further CBI custody of former Maharashtra Home Minister Anil Deshmukh in a case relating to corruption in police transfers and postings.All four accused were remanded to Judicial custody. The CBI had sought only Deshmukh's custody for an additional 3 days. "In my view, since sufficient CBI custody was granted, the grounds for further custody of...
When Legality Of A Preventive Detention Order Is In Question, Courts Must Determine If The Ordinary Law Can Deal With The Offence: Gujarat HC
"Whenever an order under a preventive detention law is challenged one of the questions the court must ask in deciding its legality is : Was the ordinary law of the land sufficient to deal with the situation ? If the answer is in the affirmative, the detention order will be illegal", the Gujarat High Court has affirmed today. The Bench comprising Justice Nirzar S Desai was hearing a...
"Possibility Of False Implication Present": Allahabad High Court Acquits 4 Accused In 42 Year Old Dacoity Case
The Allahabad High Court last week acquitted 4 accused in connection with a 42-year-old Dacoity case as the bench of Justice Manoj Misra and Justice Sameer Jain suspected it to be a case of 'false implication' of the accused persons."...we have a strong suspicion, based on the facts of the case, the informant has taken the commission of dacoity in the village as an opportunity to...
Writ Petition Is Not Maintainable To Enforce The Arbitral Award: Madras High Court
The High Court of Madras observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under S. 36 of the A&C Act. The Single Bench of Justice G.K. Ilanthiraiyan observed that the A&C Act is a complete code in itself and envisages minimum judicial intervention. If further observed that if the Courts are allowed to...