Preventive Detention Is Based On Suspicion Or Anticipation & Not On Proof: J&K&L High Court Upholds A Detention Order

While upholding a detention order, the Jammu and Kashmir and Ladakh High Court recently observed that our Constitution guarantees various freedoms and personal liberty to all persons in our Republic, however, the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused. The Court was also of the view that Preventive detention is based on suspicion...

Delhi High Court Weekly Round-Up [2022 LiveLaw (Del) 134 - 2022 LiveLaw (Del) 150]

CITATIONS 2022 LiveLaw (Del) 134 TO 2022 LiveLaw (Del) 150NOMINAL INDEXVINAY KHURANA v. SHWETA KHURANA 2022 LiveLaw (Del) 134DR. SANJIV BANSAL v. DR. MANISH BANSAL 2022 LiveLaw (Del) 135GOPALA KRISHNA MOOTHA v. THE STATE GOVT OF NCT OF DELHI & ANR 2022 LiveLaw (Del) 136JOHRINA BEGUM v. SUKHBIR SINGH 2022 LiveLaw (Del) 137SUMER SINGH SALMAN v. VIKRAM SINGH & ORS 2022 LiveLaw...

"Neither Lawyers Nor Judges Can Afford Not To Be Familiar With Technological Changes": Odisha CJ Muralidhar Envisions Paperless Courts At Every Level

Chief Justice of the Orissa High Court Justice S. Muralidhar has expressed his vision for paperless Courts at every level in the State of Odisha. He also expressed his satisfaction over the fact that after his initiative, there are already 3 (Judges) in the High Court whose Courts are working completely paperless and 2 (two) more Judges are expected to go paperless soon. He was...

Kerala High Court Weekly Round-Up: [2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102]

Nominal IndexCitations: 2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102Rajesh R & Ors. v. Health Inspector, Municipal Corporation of Kochi & Ors, 2022 LiveLaw (Ker) 92Mangala v. Union of India & Ors, 2022 LiveLaw (Ker) 93Dr Subramanian Swamy v. V.N. Narayanan & Ors, 2022 LiveLaw (Ker) 94Denny Varghese & Anr. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 95Dr...

Claiming Adverse Possession After Encroachment Into Public Road Not Admissible: Kerala High Court

The Court also added that powers under Article 227 cannot be exercised like a 'bull in a china shop'.

Child Born Out Of POCSO Crime A "Victim" As Defined Under Section 2(wa) CrPC : Bombay High Court

Welfare Of The Child Born Out Of Illicit Relations Of Paramount Importance – Bombay HC Reduces Life Sentence Of The Accused To 10 Years, Directs Compensation For The Child After Maternal Death

Ajit Pawar Breached 'Solemn Duty' By Not Disclosing Personal Interest In Lavasa Project : Bombay High Court

The Court however dismissed the petition challenging Lavasa Project citing long delay.

Building Collapse - Take Penal Action Against Municipal Officers Allowing Unauthorized Constructions : Bombay High Court Issues Guidelines

Alarmed and deeply pained by incidents of collapse of buildings resulting in loss of lives, the Bombay High Court issued a slew of direction in a suo motu PIL initiated in September 2020 after 38 people lost their lives in a building collapse in the satellite town of Bhiwandi outside Mumbai. Noting the "chaotic" existing pattern of mushrooming slums and illegal constructions in every...

Invalid Re-Assessment By AO Cannot Be Subject Matter Of Revision Under Section 263 Of Income Tax Act: ITAT Mumbai

The Bench of ITAT Mumbai, consisting of members Kuldip Singh (Judicial Member) and M. Balaganesh (Accountant Member), held that when an assessment framed by the Assessing Officer is invalid in law, the said invalid order cannot be the subject matter of revision under Section 263 of the Income Tax Act ,1961. The Assessing Officer (AO) had reopened assessment for the relevant years...

Personal Guarantors Of NBFC/FSC Cannot Be Proceeded Against Unless Threshold Of Rs. 500 Cr Is Satisfied: NCLT, Jaipur

The Jaipur Bench of the NCLT consisting of Deep Chandra Joshi, Judicial Member and Raghu Nayyar, Technical Member in the case of Shapoorji Pallonji Finance Private Limited v. Rekha Singh held that Personal Guarantors of Non-Banking Finance Company/ Financial Services Provider cannot be proceeded against unless the NBFC/ FSP satisfies the Rs. 500 crore threshold limit under...

Annexures, Documents Necessary Components of Plaint; Must Be Supplied In Serving Summons Under Order XXXVII Rule 3(1): Gujarat High Court

"…it is expressly provided that defendant shall be served with the plaint and the annexures of the plaint, therefore it necessary implies that all the documents which are part of the plaint as annexures are required to be supplied to the defendant while serving the summons", the Gujarat High Court has affirmed yesterday. The Bench comprising Justice N.V. Anjaria and Justice Samir J....

'Whether Railways Can Reject Candidature Over Bonafide Mistake Of Incorrect Date In Postal Order Despite It Being Issued Within Limitation?' Rajasthan HC Answers

Recently, the division bench of Rajasthan High Court, Jaipur dealt with the question of whether the candidature of the respondent can be rejected by the Department of Railways on the ground of human error/bonafide mistake alone, because the date of the Postal Order was wrongly mentioned by him in the application, despite the fact that Postal Order was issued within the period...