Orissa High Court Monthly Digest: March 2022 [Citations 18-37]

Nominal Index: 1. Biru Singh v. State of Odisha 2022 LiveLaw (Ori) 18 2. Great Eastern Shipping Company Ltd. & Anr. v. Union of India & Ors. 2022 LiveLaw (Ori) 19 3. Ex-CFN Jagadish Chandra Mohanty @ Mohapatra v. Union of India & Ors. 2022 LiveLaw (Ori) 20 4. Pidika Sambaru v. State of Odisha & Anr. 2022 LiveLaw (Ori) 21 5. ...

[Koodathayi Murder] 'Police Report Not A Complaint As Mandated U/S 13 Of Notary Act' : Kerala HC Drops Proceedings Against Notary

The Court however observed that the petitioner's act was unbecoming of a lawyer with 38 years of practice.

While Considering Bail Plea Presumption Of Correctness Must Be Attached To Witness' Statement Recorded By Judicial Magistrate: JKL High Court

The Jammu and Kashmir and Ladakh High Court has observed that while considering a bail application, the Court has to attach a presumption of correctness to the statement of a witness recorded during the investigation of the case, particularly when the said statement has been recorded by a Judicial Magistrate.The Bench of Justice Sanjay Dhar observed thus as it denied anticipatory bail to a...

Compulsory E-Filing Of Cases & Docs In Courts Is Administrative Matter Of Judiciary, Central Govt Has No Role To Play, Law Ministry

The Ministry of Law and Justice informed Lok Sabha that the decision for continued compulsory e-filing of cases and documents in the Courts is an administrative matter which falls strictly within the purview and domain of the Judiciary and Central Government has no role to play in the matter. However, the Law Minister Kiren Rijiju stated that the Department of Justice has requested...

Bombay High Court Monthly Digest - March 2022 [Citations 56-111]

Nominal IndexShashikala Surendra Ambade & Ors. Versus The State of Maharashtra & Ors 2022 LiveLaw (Bom) 56 Dr Anand Teltumbde vs National Investigation Agency 2022 LiveLaw (Bom) 57 Pavan Morarka Versus The Assistant Commissioner of Income Tax – 2(3), Mumbai 2022 LiveLaw (Bom) 58 Yohan Tengra vs State of Maharashtra 2022 LiveLaw (Bom) 59 Larsen & Toubro Limited...

Jharkhand High Court Rejects Plea Seeking Regularization Of Persons Employed Under MNREGA

The Jharkhand High Court has dismissed a writ plea moved by 39 persons working on the sanctioned post of Gram Rojgar Sewak under the MNREGA scheme for more than 10 years seeking regularization of their employment.The Bench of Justice Anubha Rawat Choudhary observed that the petitioners have not produced or placed on record any scheme for regularization of persons employed...

Department Does Not Centrally Maintain Any Data On Number Of Courts Having Separate Toilets For Women & Transgender Respectively, Law Ministry

The Ministry of Law and Justice informed Lok Sabha that the Department does not centrally maintain any data on number of courts having separate toilets for women and transgender respectively. It was, however, informed that the Supreme Court's Registry has compiled data on the status of judicial infrastructure and court amenities, according to which 74% court complexes...

Total 8278 Indian Prisoners In Foreign Jail, 156 Serving Life Sentence; Extending All Possible Consular Assistance, Providing Legal Aid Wherever Needed, MEA

The Ministry of External Affairs informed Lok Sabha that the number of Indian prisoners, including under-trials, in foreign jails at present is 8278, out of which 156 are serving life sentences. Notably, as per the information of 81 countries available with the Ministry, the top 5 countries in which highest number of Indians are in jails include United Arab Emirates (1,480), Saudi...

Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners

The Bombay High Court has held the Superintendent of Central Prison, Nagpur - Anupkumar M. Kumre - guilty of contempt and sentenced him to seven days' simple imprisonment for selectively denying prisoners emergency parole during the Covid pandemic. "If the Court finds that the Government's (officials) action in rejecting the grant of parole to a prisoner has the effect of suffocating...

Patna HC Grants Last Opportunity To State Govt To File Reply On Implementation Of Provisions Of Mental Healthcare Act In Bihar

The Patna High Court has granted 'one last opportunity' to the Bihar Government to file its response by April 7 over the implementation of the provisions of the Mental Healthcare Act, 2017 in the state.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar has also asked the Union of India to file an affidavit and specify as to whether each one of the statutory provisions and the...

Challenge Against Arbitrator Appointment, Can't Be Under Section 14 Of The A&C Act ; Delhi High Court

The Delhi High Court has ruled that Section 14 of the Arbitration and Conciliation Act, 1996 does not provide a separate remedy to the parties to challenge the appointment of an arbitrator, notwithstanding the provisions under Section 13 of the Act. The Single Bench of Justice Vibhu Bakhru held that a party can challenge the appointment of an arbitrator only according to the procedure...

Weekly Round-Up Tax Cases: March 27 - April 2, 2022

Supreme Court Immunity Under Income Declaration Scheme Available Only To The Declarant; Can't Be Extended To Another Assessee : Supreme Court Case Title : Deputy Commissioner of Income Tax (Central) Circle 1(2) versus M/s MR Shah Logistics Private Ltd Citation : 2022 LiveLaw (SC) 323 The Supreme Court has found fault with a Gujarat High Court judgement for extending the...