Allahabad HC Restores Lawyer's Plea Seeking Recognition Of Mathura's Idgah Mosque Site As Krishna Janam Bhoomi

The Allahabad High Court recently restored a plea filed by a Lawyer, Mahek Maheshwari, seeking recognition of Mathura's Shahi Idgah Mosque site as Krishna Janam Bhoomi. This plea was earlier dismissed in default on January 19, 2021, on account of absence of the petitioner, who appears in person in the matter.The Bench of Chief Justice Rajesh Bindal and Justice Prakash Padia restored the plea...

'Unfortunate': Calcutta HC Judge Recuses From Hearing Saying Lawyer Approached Him Personally For Favourable Order

In an unprecedented development, Justice Shekhar B. Saraf of the Calcutta High Court on Friday recused from hearing a matter after alleging that a lawyer representing one of the parties had approached him personally to issue a favourable order. Calling the incident 'extremely unfortunate' Justice Saraf indicated to senior advocate Harish Salve who was appearing through video conferencing that...

Madras HC Holds Execution Petition Over Beneficial Ownership Of Award Debtor In Shares Held Ostensibly By Third Parties Maintainable

Madras High Court has recently held that the execution petition filed by a company incorporated in the Republic of Marshall Islands, in pursuance of a foreign arbitral award in its favour, against another company with its registered office in Dubai is maintainable before it.The single-judge bench of Justice Senthilkumar Ramamoorthy has held that the consecutive third execution petition filed...

"Don't Leave Jamaica Without Informing Court": Gujarat HC Directs Sisters Who Fled India Allegedly Under Nithyananda's Influence

The Gujarat High Court on Wednesday asked the two sisters, who fled India after going missing from Rape Accused and self-styled Godman, Nithyananda's ashram in 2019, not to leave Jamaica without intimation to the Court.This order came from the bench of Justice Sonia Gokani and Justice Mauna M. Bhatt which is presently hearing a Habeas Corpus plea filed by the father of two sisters seeking...

S.148 NI Act | Requirement To Deposit Minimum 20% Of Fine In Appeal Against Conviction U/S 138 Is Mandatory: Rajasthan HC

The Rajasthan High Court observed that if modal auxiliary verbs or imperative words such as 'may', 'should' etc. are followed by the provision/expression prescribing lower bar/limit such as 'minimum', 'not below', etc. then, these words ('may', 'should', etc.) are required to be read as 'shall'. The court dealt with the question whether the usage of word 'may' in section 148...

Karnataka High Court Dismisses Appeal Filed By 10 Accused Seeking Default Bail In Gauri Lankesh Murder Case

The Karnataka High Court recently dismissed an appeal filed by 10 accused allegedly involved in the murder case of journalist Gauri Lankesh, challenging an order rejecting their application for default bail by the special court. A single judge of Justice K.S.Mudagal while dismissing the appeal filed by prime accused Amole Kale and others said,"The attack on the impugned order was that...

Challan Can Be Rectified To Correct Bonafide Errors: Delhi High Court Directs VAT Dept. To Allow Changes in Tax Period

The Delhi High Court bench, consisting of Chief Justice Dhirubhai Naranbhai Patel and Justice Jyoti Singh, directed the Value Added Tax (VAT) department to allow rectification of bonafide errors in the tax period of the challan.The petitioner submitted that in respect of the second quarter of 2015-2016, i.e., from 1.07.2015 to 30.09.2015, the petitioner filed its returns on...

Dam Safety Act Does Not Alter Existing Ownership & Water Rights Of States: Centre Tells Madras High Court

In the plea challenging vires of the Dam Safety Act, the Central Government has filed a counter-affidavit before the Madras High Court, claiming that the 2021 legislation does not seek to alter the existing ownership and water rights of the states. The law is merely intended to create a mechanism for proper surveillance, inspection, operation and maintenance of Dams."The Dam Safety Act, 2021...

Punjab's Advocate General Deepinder S. Patwalia Resigns In View Of Apparent Change In Government

Advocate-General for Punjab Deepinder Singh Patwalia has resigned from his post in view of an apparent change in the State Government. It may be noted that as per the official results of the recently concluded state assembly elections, the Aam Aadmi Party (AAP) is set to form the Government in the state.In his resignation letter, addressed to the Governor of Punjab, Patwalia has said that he...

Director Can't Be Prosecuted U/S 138 NI Act When He Is Not Involved In Day To Day Affairs Of The Company: Allahabad High Court

The Allahabad High Court has held that a director, who is not involved in the day to day affairs of a company, cannot be prosecuted for the offence under section 138 (Dishonour of cheque for insufficiency, etc., of funds in the account) of the Negotiable Instruments Act, 1881.'It is clear from the perusal of the complaint that there is no specific averment that applicant is involved...

'Why Can't Entire Masjid Premises Of Nizamuddin Markaz Be Opened For Offering Prayers?': Delhi HC Tells Centre To Come Out With A Clear Stand

The Delhi High Court on Friday told the Central Government to come out with a clear stand as to why it cannot reopen the entire masjid premises in Nizamuddin Markaz for offering of prayers by devotees. Public entry was banned at the Nizamuddin Markaz in the aftermath of Tablighi Jamaat members testing positive for Covid-19 in 2020.Justice Manoj Kumar Ohri was dealing with an application in...

'What About Those Who Commit Offences At Advance Age?': Delhi HC Refuses To Entertain PIL For Premature Release Of Old Aged Prisoners

The Delhi High Court on Friday refused to entertain a PIL seeking premature release of old aged and infirm prisoners in terms of recommendations made by Mulla Committee (1980-83) and the Model Prison Manual (2003).While expressing disinclination to even issue notice in the matter, the Division Bench of Chief Justice DN Patel and Justice Neena Bansal Krishna remarked,"This is a policy...