News Updates
Bombay High Court Weekly Roundup: January 31 To February 6, 2022
1. S 45 PMLA: Twin Conditions for Bail That We're Declared Unconstitutional By SC Stand Revived by 2018 Amendment Act - Bombay High Court Case Title: Ajay Kumar v Directorate of Enforcement Citation: 2022 LiveLaw (Bom) 27 The Bombay High Court noted that the twin conditions for bail in section 45(1) of the Prevention of Money Laundering Act, 2002 which were declared...
Rajasthan High Court Weekly Roundup: January 31 to February 6, 2022
Judgments/ Orders of the Week 1. Alienation Of Property During Pendency Of Suit Null & Void; Subsequent Purchaser Not A Necessary Or Proper Party: Rajasthan High Court Case Title: Yogesh Goyanka v. Govind and Ors. Citation: 2022 LiveLaw (Raj) 42 The Rajasthan High Court has recently observed that alienation of a property during pendency of a suit is null...
Kerala High Court Weekly Roundup: January 31 To February 6, 2022
Judgments This Week1. Law Student's Suicide: Kerala High Court Grants Bail To Accused HusbandCase Title: Mohammed Suhail v. State of Kerala & AnrCitation: 2022 LiveLaw (Ker) 46The Court granted bail to Suhail, the husband of a 2nd year LLB student, Mofiya Parveen, who died by suicide citing domestic abuse and dowry harassment. Justice Gopinath P. was inclined to grant bail with...
Examine If An Advocate Charged With 7 Theft Cases Is Entitled To Maintain License To Practice?: MP High Court To State Bar Council
The Madhya Pradesh High Court (Jabalpur bench) has asked the Bar Council of Madhya Pradesh as to whether an advocate, who is charged with 7 cases of theft and from whom recovery is made, can represent himself as an advocate or not, and whether such an advocate is entitled to maintain his license to practice.The Bench of Justice Vivek Agarwal was dealing with the second bail application of...
Civil Law- Appellate Court's Scope Of Interference Limited With Temporary Injunction Passed By Trial Court : Rajasthan High Court
The Rajasthan High Court, Jaipur observed that the appellate court's scope of interference is limited when the trial court has exercised its discretionary and equitable jurisdiction to grant the temporary injunction in favour of plaintiff and against defendants. Justice Sudesh Bansal, while disposing of the plea, observed, "This Court is of considered view that this is not a fit...
Settlements Entered In Industrial Disputes Valid & Legal Even Though Provisions Similar To Order XXIII Rule 3 CPC Do Not Exist In Industrial Disputes Act: Delhi HC
The Delhi High Court has observed that settlements entered into in industrial disputes are legal and valid even though provisions similar to Order XXIII Rule 3 CPC do not exist in Industrial Disputes Act, 1947. Justice Pratibha M Singh added that settlements can be entered into between Management and Workman even outside the court or conciliation proceedings as is clear from sec. 18(1)...
Calcutta High Court Weekly Round Up: January 31 To February 6, 2022
Judgments/Orders of the Week 1. 'He Has Suffered Mental Pain': Calcutta High Court Reduces Sentence For Conviction U/S 489B IPC In Appeal Pending Since 1986Case Title: Biswanath Das v. State Citation: 2022 LiveLaw (Cal) 18The Calcutta High Court reduced the sentence awarded to a man charged under Section 489B and Section 489C of the IPC for forging currency notes after observing that he...
"There Is A Right To Terminate Pregnancy On Ground Of Rape": Uttarakhand High Court Allows Termination Of 28 Weeks Foetus
The Uttarakhand High Court has allowed the termination of a 28 weeks foetus of a rape victim. Granting relief to the victim, the Single Judge Bench of Justice Alok Kumar Verma held, "There is a right to terminate pregnancy on ground of rape. A rape victim has a right to make a choice to carry. She has also right not to carry pregnancy subject to the conditions as enumerated under...
Courts Must Be Conscious Of Power Of Arbitral Tribunal While Exercising Discretion Under Section 9 Of The Arbitration Act: Gujarat High Court
Section 9 of the Arbitration Act ('Act') envisages 'interim measures' and the Courts must not adjudicate a substantive issue at this stage, the Gujarat High Court has observed today. Further, once jurisdiction under Section 9 is invoked and the remedy has been exhausted, similar interim measures cannot be claimed by a party before the arbitral tribunal, as this may give rise to two...
Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The single bench of Justice G.S. Ahluwalia was essentially dealing with a Criminal Revision against the order of the...
Madras High Court Weekly Round-Up: January 31, 2022 To February 6, 2022
A weekly round-up of important cases from Madras High Court and its subordinate courts.1. 'Investigation Not On Right Lines, Conversion Attempt Not Improbable' : Madras High Court Orders CBI Probe Into Thanjavur Girl's Suicide [Read Judgment]Case Title: Muruganantham v. The Director-General of Police & Ors.Citation: 2022 LiveLaw (Mad) 38Harshly criticising the investigation by the Tamil...