News Updates
Delay In Offering Possession: NCDRC Orders Compensation & Return Of Total Deposit With Interest By Indiabulls
The National Consumer Disputes Redressal Commission has ordered Rs. 1 lakh compensation and return of deposits on Athena Infrastructure Ltd and Indiabulls Real Estate Ltd ('Builders') for delay in offering possession to a homebuyer.Justice Ram Surat Ram Maurya dismissed the Builders' contention that time was not the essence of the contract. Relying on the Supreme Court's decision in...
Prosecution Must Prove 'Nature Of Weapon' Used During Robbery Was Deadly For Upholding Conviction U/S 397: Delhi High Court
The Delhi High Court has modified the conviction and sentence of a man from sec. 397 of Indian Penal Code to sec. 392 as the prosecution had failed to prove the use of a deadly weapon. Justice Mukta Gupta was of the view that the prosecution is required to prove the nature of the weapon of offence used specially in the case of knife or blade."In the absence of the use of a deadly weapon...
Delhi High Court Directs CBI To Recall Lookout Circular Against Businessman Sathish Babu Sana In Corruption Case
The Delhi High Court on Friday directed the Central Bureau of Investigation (CBI) to recall the lookout circular issued against Businessman Sathish Babu Sana in relation to a corruption case involving meat exporter Moin Qureshi and other persons. Justice Mukta Gupta however added that Sana will continue to join the investigation as and when directed by the Investigating Officer. "The...
Under Maintenance Proceedings Under Sec. 125 CrPC Court May Not Usurp Jurisdiction Of Civil Courts: Delhi High Court
The Delhi High Court has observed that while the task of deciding the marital status of the parties has been conferred with Civil Courts, the Court under maintenance proceedings under sec. 125 of the Cr.P.C. may not usurp the jurisdiction of the Civil Courts.Justice Chandra Dhari Singh added that in order to preserve the social intent of sec. 125 of the Cr.P.C., the Magistrate can render...
Rajasthan HC Dismisses Doctors' Appeal To Shift The Cut-Off Date To Consider Their Experience Of Service In PG Medical Courses
A division bench of Rajasthan High Court dismissed an appeal filed by several doctors directing the respondent authorities to consider their experience of service in Government hospitals of remote and difficult areas till 31.10.2021, instead of 30.09.2021. Chief Justice Akil Kureshi and Justice Sameer Jain, observed, "The policy of the State is to grant incentive. No candidate has...
Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute
The Delhi High Court on Friday asked Indian Kanoon to consider blocking access of a trial court judgment concerning a matrimonial dispute in a plea invoking the right to be forgotten. Justice V Kameswar Rao issued notice on the petition which had sought removal of the said judgment and posted the matter for further hearing on February 17 along with other similar matters involving the question...
TPCL Is 'Authority' Under Article 226; Electricity Distribution Companies Discharging Public Duty Amenable To Writ Jurisdiction: Orissa High Court
The Orissa High Court on Monday held that the Tata Power Company Limited ("TPCL") is an "authority" within the meaning of Article 226 of the Constitution of India. Justice B.R Sarangi noted that TPCL although a company has engaged in the distribution of electricity in four distribution areas of the State under different names. It was further noted that its management is also controlled by...
'CCTVs In Police Stations Deliberately Kept Non-Functional' : Bombay High Court Seeks Report From Maharashtra Govt
The Bombay High Court has taken strong exception to the seemingly deliberate non-functioning of CCTV cameras inside police stations and directed Maharashtra's Chief Secretary to take "stern action" against police officers for not reporting cameras that required repair.A division bench of Justices SJ Kathawalla and MN Jadhav, in an order earlier this week observed, "Pursuant to the directions of...
RPF Officer Can Conduct House Search During 'Enquiry' Without Search Warrant As Per S. 165 CrPC: Jharkhand High Court
The Jharkhand High Court has held that the officer of the Railway Protection Force (RPF) can also conduct a house search during an inquiry under the Railway Property (Unlawful Possession) Act without a search warrant under certain conditions as laid down under Section 165 of the CrPC.However, when such an officer is not enquiring into a case, he has to obtain the prior permission of...
Omkar Group Money Laundering Case: Supreme Court Refuses To Extend Interim Bail Granted To Actor- Producer Sachin Joshi
The Supreme Court of India on Friday refused to extend the interim bail granted to actor and producer Sachin Joshi in connection with a money laundering case.A Bench comprising Justice Nageswara Rao and Justice BR Gavai dismissed the miscellaneous application filed by Joshi seeking extension of the the interim/temporary bail of 6 months granted to him by the Top Court through an order...
Member Of Delhi Bar Council Advocate Vijay Sondhi Passes Away
Member of the Bar Council of Delhi Advocate Vijay Sondhi passed away today afternoon due to a heart attack.He was working as a Senior Partner at L&L Partners.Sondhi, who had enrolled at the Bar in the year 1991, had experience of over 30 years in the field of litigation. He had completed his LLB from Delhi University in the batch of 1988-91. He also had a Bachelor's degree in History...
Can Inquiry Be Ordered Into Financial Dependency Of Person Seeking Compassionate Appointment When Another Family Member Is In Govt Service?Chhattisgarh HC Refers To Larger Bench
Can the Court order an inquiry to ascertain if the person claiming compassionate appointment is financially dependent on another member of the family who is already in government service? The Chhattisgarh High Court recently referred this issue to a larger bench. Justice Sanjay K. Aggarwal found conflicting precedents in the matter and framed the issue as follows for the larger...