Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy the Court that the defendant is seeking to...

'Courts Exist For Convenience Of Litigants, Not Advocates': Bombay HC Rejects Bar Association's Plea Against Establishment Of Court At Wai

The Bombay High Court has rejected the writ petition filed by Satara District Bar Association, opposing its decision to establish the Court of an Additional District Judge and the Court of a Civil Judge in Maharashtra's Wai town. The Association had stated that the decision would put Judicial officers, staff and litigants to great difficulty.While dismissing the writ petition, a bench...

Absence Of Reasons In Order Imposing Penalty Violates Principles Of Natural Justice: Andhra Pradesh High Court

In a recent case, Justice R. Raghunandan Rao of the Andhra Pradesh High Court has reiterated the principle that absence of reasons in an order as to why conditions and penalty are imposed is a violation of natural justice principle. The petitioner had been granted a quarry lease for Black Granite over an extent of land for a period of 20 years. The said lease had been determined by...

Madras High Court Evokes Doctrine Of 'Approbate & Reprobate', Holds A Party Can't Take Contradictory Stands In Different Courts

Madras High Court has evoked the 'doctrine of approbate and reprobate' to hold that a party cannot claim a right over a property when he had obtained another Decree from the competent Civil Court on the ground that no right or title was conveyed to him under the sale deed.Justice N. Anand Venkatesh observed that the defendant party claiming right over the schedule property cannot take...

All High Courts Weekly Roundup [March 21 - March 27, 2022]

Allahabad High Court CITATIONS 2022 LiveLaw (AB) 130 TO 2022 LiveLaw (AB) 141 NOMINAL INDEX Sajid @ Kale v. State of U.P. 2022 LiveLaw (AB) 130 State of Uttar Pradesh v. Rahul Singh @ Govind Singh connected with Rahul Singh @ Govind Singh v. State of Uttar Pradesh 2022 LiveLaw (AB) 131 Jeetu @ Amit Kumar Rawat And Anr. v. Sub Divisional Magistrate Sadar Lucknow And Anr....

Abandoned Woman With No Psychiatric Symptoms Incarcerated In Mental Health Facility For 12 Yrs: PIL Filed In Bombay High Court

Plea seeks implementation of Mental Healthcare Act, 2017 which makes provision for periodic review of patients' conditions.

States Responsible To Detect & Prevent Crimes: Home Ministry On Sulli Deals & Bulli Bai App Case

In response to questions regarding apps like 'Bulli Bai' and 'Sulli Deals' that harass and defame Muslim women, the Ministry of Home Affairs has said that maintaining law and order is the responsibility of the respective State governments.When asked if such apps have come to the notice of the Government and the action taken in this regard, Union Minister Ajay Kumar Mishra in a written...

Stand Of Defendant Irrelevant When Court Is Dealing With Application Under Order VII Rule 11 Of CPC: Delhi High Court

The Delhi High Court has observed that in a case where the Court is dealing with an application under Order VII Rule 11 of the Code of Civil Procedure, the stand of the defendant is irrelevant. Adding that what is required to be looked into is the averments and documents filed alongwith the plaint, Justice Asha Menon observed thus:"When the court is dealing with an application under Order...

[IT Rules 2021] Social Media Intermediaries Must Respect Fundamental Rights, Issue Notice Before Taking Action Against User Accounts: Centre To Delhi HC

Intermediaries must be held accountable for subjugating fundamental rights like right to freedom of speech, Centre said.

Privacy Policy: Delhi High Court To Hear On July 21 Appeals By Whatsapp & Facebook Against CCI Investigation

The Delhi High Court will hear on July 21 the appeals filed by WhatsApp and its parent company Facebook Inc. (now Meta) against a single bench order declining to interfere with CCI's investigation into WhatsApp's new privacy policy.A division bench comprising of Justice Rajiv Shakdher and Justice Poonam A. Bamba directed the parties to file their written submissions not exceeding three...

Victim Can't Prefer Appeal U/S 372 CrPC Proviso Challenging Adequacy Of Sentence Imposed On Convict: Kerala High Court

The Kerala High Court recently ruled that one cannot prefer an appeal under provide to Section 372 of the Code of Criminal Procedure against a trial court's order, challenging the adequacy of sentence imposed upon the convict.Observing so, a Division Bench of Justice K. Vinod Chandran and C. Jayachandran dismissed a criminal appeal adding that such an appeal can only be preferred by the...

No Appeal Lies Against Special Court Order Rejecting Transfer Of Case U/S 20 NIA Act: Karnataka High Court

The Karnataka High Court has said that an order passed by the Special Court on an application filed under section 20 of the National Investigation Agency Act, seeking to transfer the case from the special court, is an interlocutory order and the same cannot be challenged in appeal under section 21 of the Act, before the High Court. A full bench comprising of Chief Justice Ritu...