Direction To Take Voice Sample Of Accused Does Not Infringe Rights Under Article 20(3) Of Constitution: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that directions to take voice sample of accused does not infringe his/her rights under Article 20(3) of the Constitution of India. The bench comprising Justice Avneesh Jhingan dismissed the petition, challenging the Lower Court's order which directed the Petitioner-accused to give his voice sample. It observed that the infringement...

Delhi High Court Issues Notice On Appeal By Specially-Abled Tennis Player For Participating In Deaflympics As Substitute Player

The Delhi High Court recently issued notice on an appeal filed by a specially-abled tennis player, seeking to participate as a substitute player in the upcoming Deaflympics to be held at Brazil in May 2022.Earlier, a single Bench of the High Court had directed the Sport Authority of India and the All India Sports Council of the Deaf to include the Appellant herein in the training camp....

'Should Not Be Forced To Sacrifice Education': Calcutta HC Directs SBI To Process Education Loan Of Law Student Under 'WB Student Credit Card Scheme' Within 2 Weeks

The Calcutta High Court on Friday directed the State Bank of India (SBI) to process the loan application of a third-year law student who had applied for an education loan under the 'West Bengal Student Credit Card Scheme' notified by the State government on June 30, 2021. The West Bengal Student Credit Card Scheme was framed by the State Higher Education Department for providing Credit Cards...

Assessment Order Without Reasons, Not Erroneous Or Prejudicial To The Interest Of The Revenue: ITAT Quashes Revenue's Revision Order

The Mumbai Bench of ITAT has ruled that action of the Assessing Officer in accepting the explanation submitted by the Assessee in the course of scrutiny assessment proceedings cannot be faulted merely because the Assessing Officer did not write specific reasons for accepting the explanation. The Bench, consisting of members Pramod Kumar (Vice President) and Kuldip Singh (Judicial...

'Motivated Exercise At Behest Of Defaulting Borrowers': Delhi High Court Imposes 1L Cost On PIL Questioning Auction Sale Of Mortgaged Assets

The Delhi High court recently imposed Rs. 1 lakh as cost on a litigant for filing a frivolous PIL with the objective of obstructing the sale of a property that was mortgaged by the borrowers (two private developers) with a financial institution to secure their loan.The Petitioner had sought action against the financial institution for allegedly sourcing huge amount of money to the illegal...

Merely Stating That Parties Want To Live In Peace Not Enough For Compounding Of Heinous Offence: Punjab & Haryana High Court

The Punjab and Haryana High Court has ruled that heinous offences such as attempt to murder punishable under 307 IPC is not compoundable between parties merely by stating that they have entered into a compromise and want to live in brotherhood, peace, and harmony.The bench of Justice Anoop Chitkara further held that without the background of friendship, the closeness of family, strong bonds,...

Courts To Ignore Violation Of Principles Of Natural Justice If Only One Outcome Is Possible In Facts Of The Case: Punjab & Haryana HC

The Punjab and Haryana High Court has held that the plea of violation of principles of natural justice is not entitled to be accepted by the courts unless, it is shown in the facts and circumstances of a case that rights of a party have been prejudicially affected."If the facts are such that only one result is possible then even if principles of natural justice have been violated the...

Kerala High Court Monthly Digest: March 2022 [Citations:104- 154]

Nominal IndexMadhyamam Broadcasting Limited v. Union of India, 2022 LiveLaw (Ker) 104C.G. Thampi v. Jyothis & Ors, 2022 LiveLaw (Ker) 105Shiny Shukoor v. Union of India & Ors, 2022 LiveLaw (Ker) 106Dr Vijil & Ors v. Ambujakshi T.P & Anr, 2022 LiveLaw (Ker) 107M/s Devchand Construction v. Union of India, 2022 LiveLaw (Ker) 108Pradeep Kumar P v. State of Kerala & Ors,...

Condition Of Pre-Deposit U/S 19 MSME Act Mandatory, Prevails Over Exemption To Govt Under Order XXVII Rule 8A CPC: Allahabad High Court

The Allahabad High Court has held that the requirement of a pre-deposit under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 ('MSME Act') would prevail over the provisions of Order XXVII Rule 8-A of Code of Civil Procedure and any other law that may allow the Courts' discretion while dealing with the requirement to pre-deposit a disputed amount in an...

Handwriting On A Disputed Document Cannot Be Compared With Signatures On Vakalat & Written Statement: Andhra Pradesh High Court

In a recent case, the Andhra Pradesh High Court ruled that no time limit is fixed under Section 45 of the Indian Evidence Act for sending disputed writings to the handwriting expert and it can be done at any stage of trial. Furthermore, the handwriting on a disputed document cannot be compared with the signatures on Vakalat and Written Statement as these are not assured...

Survey Not Disputed By The Partner Of The Firm Who Was Present - Can't Question Later: Allahabad High Court

The Allahabad High Court bench of Justice Piyush Agrawal has ruled that once the partner of the firm was available at the time of the survey, who must have signed the survey report, he could very easily request to correct the entries or refuse to sign the survey report, if it was not recorded as per his statement. The applicant/assessee is in the business of manufacturing and selling...

Allahabad High Court Dismisses Pleas Seeking 10% EWS Reservation Benefit In UP Higher Judicial Service Exam 2020

The Allahabad High Court last week dismissed two pleas seeking direction to the High Court administration to provide the benefit of the 10% reservation to the E.W.S. General Category candidates for Uttar Pradesh Higher Judicial Service, 2020.Stressing that once the advertisement is out, it would not be just and proper for the authorities to insert any new clause, the Bench of Justice Dr....