News Updates
All High Courts Weekly Round-Up: April 4 - April 10, 2022
Allahabad High Court NOMINAL INDEX Sunita And Others v. State of U.P. 2022 LiveLaw (All) 158 Rameshwar Pandey Third Bail v. State of U.P 2022 LiveLaw (All) 159 Irfan Shaikh @ Irfan Khan v. State Of U.P. Through Ats 2022 LiveLaw (All) 160 Iqbal Khan v. The State Of U.P. And 2 Others 2022 LiveLaw (All) 161 Yogendra Kumar Mishra v. State of U.P. and Another 2022...
Plaintiff Enjoys Status Of Dominus Litis & Has Right To Pursue His Claim Against Anyone He Thinks Fit: Punjab & Haryana High Court
Punjab and Haryana High Court has reiterated that a plaintiff enjoys the status of dominus litis and thus, has every right to pursue his claim against anyone he thinks fit. Dominis litis means "master of the suit".Accordingly, it dismissed the revision petition filed by the petitioners (original defendants) challenging the order of the Trial Court, rejecting their application for impleadment...
Short Duration Of Marriage Not Ground To Disallow Organ Donation By Spouse When Case Is Verified On All Legal Parameters.: Punjab & Haryana HC
The Punjab and Haryana High Court has held that duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favour of other spouse, particularly when the case has been verified on all legal parameters.The observation was made while dealing with a writ petition for the issuance of an appropriate writ in the nature of mandamus directing...
Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case
The Delhi High Court has observed that while custodial interrogation of a suspect is one of the basic and effective methods of crime solving, the liberty of an individual also needs to be balanced out.Justice Asha Menon was dealing with a plea seeking anticipatory bail in connection with an FIR registered under sec. 420, 406 and 34 of IPC. The FIR was lodged by an authorized representative of...
Punjab And Haryana High Court Seeks Suggestions Of Bar To 'Streamline Esteemed Principles Of Legal Ethics'
The Punjab and Haryana High Court has invited suggestions from the Chairman of the Bar Council of Punjab and Haryana and also the Bar Association of the High Court through its President for the purpose of streamlining the esteemed principles of legal ethics which should be imbibed in the legal system.The Bench of Justice Jasgurpreet Singh Puri sought suggestions after it invoked its...
Karnataka High Court Grants Permission For Bengaluru Karaga Festival, Procession
The Karnataka High Court on Wednesday permitted the organisers to hold the night long processions on April 16, at the Karaga Mahotsava popularly known as Bengaluru Karaga festival. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar modified its interim order dated March 3, by which it had directed that processions, protests etc., should not be...
Provisions Of The MSMED Act Overrides The Arbitration Agreement Between The Parties: Madras High Court
The High Court of Madras has observed that S. 18 of the MSMED Act will override the arbitration clause between the parties. The Court observed that since S. 24 of the MSMED Act is a non-obstante clause, it gives overriding effect to the provisions of S. 15 -23 of the Act. The Bench of Justice Pushpa Sathyanarayan and Justice P. Velmurgan observed that once a reference is filed before...
Investigation Into Reason For Judge's Recusal By Litigant Would Be Interference With Course Of Justice: Delhi High Court
The Delhi High Court has observed that an investigation into the cause or reason for recusal by a judge, particularly, by a litigant, would itself be an interference with the course of justice.Justice Asha Menon added that the discretion of the concerned judge in the matter of disclosure is absolute."When a judge recuses, no litigant or third party has any right to intervene, comment or...
Sufficiency Of Stamp Duty On Agreement And Nature Of Contract Cannot Be Adjudicated By Court Under Section 11 Of A&C Act: Delhi High Court
The Delhi High Court has ruled that the Court cannot adjudicate on the issue whether the claims made by the petitioner are barred by limitation while dealing with a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) for referring the parties to arbitration. The Single Bench of Justice Vibhu Bakhru held that the dispute as to whether the...
High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC
The Madras High Court recently held that the scope of Section 427 CrPC is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature, the sentence shall run concurrently. The court also made it clear that it can exercise of its jurisdiction under Section 482 of CrPC and issue direction that the sentence imposed by...
Madras High Court Directs GST Dept. To Release Detained Vehicle On Payment Of 25% Of Penalty
The Madras High Court bench of Justice R. Suresh Kumar has directed the GST department to release the detained vehicle on the payment of 25% of the penalty.The petitioner/assessee purchased cement from Andhra Pradesh, whereas, the petitioner has a branch office at Coimbatore, which is the destination where the purchased goods have to reach. When the goods were transported, the vehicle...