News Updates
At What Stage In Criminal Proceeding Can An Accused, Victim Invoke S. 91 CrPC?: Answers Madhya Pradesh High Court
The Madhya Pradesh High Court (Jabalpur Bench) on Friday answered several significant questions related to Section 91 of CrPC which deals with Summons to produce documents or other things. Essentially, the Bench of Justice Sheel Nagu and Justice Sunita Yadav examined as to when can an accused as also a victim, invoke this Section during a criminal proceedingānd came up with the...
Rajasthan High Court Directs Authorities To Look Into Complaint Against Alleged Contamination Of 'Railmagra Dam' By Hindustan Zinc Ltd.
The Rajasthan High Court has asked the authorities concerned to objectively examine the grievances raised in a writ petition pertaining to discharge of industrial effluents in the Railmagra Dam and take appropriate action within a period of two months. A division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta directed that the authorities shall be served a copy of the...
Bulli Bai App Case: Delhi Court Denies Anticipatory Bail To Vishal Jha, Says Conduct Against 'Constitutional Ethos Of Secularism'
A Delhi Court has denied anticipatory bail to Vishal Jha in connection with the Bulli Bai App case observing that the conduct of the accused persons in the matter is "against the ever cherished constitutional ethos of secularism & fraternity ensuring dignity of any individual and modesty of a woman."Additional Sessions Judge Dharmender Rana rejected the anticipatory bail moved by Jha...
IBC| Statutory Authority Can't Raise Fresh Claim Against Corporate Debtor After Approval Of Resolution Plan: Bombay High Court
The Bombay High Court has ruled that no statutory authority, including the Income Tax authorities, can raise a fresh claim against a Corporate Debtor after the Resolution Plan was finalized and approved. A division bench of Justices Sunil Shukre and Anil Pansare of the Nagpur Bench of High Court observed that entertaining undecided claims after the Resolution Plan was submitted, would...
Unsigned Invoices A Valid Basis To File Summary Suit Under Order 37 Of CPC: Delhi High Court
The Delhi High Court has held that unsigned invoices can be a valid basis to file suit under Order 37 of the Code of Civil Procedure. Order 37 of the Code talks about summary procedure and institution of summary suits. Justice Amit Bansal was dealing with a petition challenging the order dated 12th October, 2021 passed by the District Judge of the Saket Courts whereby the commercial suit filed...
Haridwar Dharam Sansad Hate Speech: Uttarakhand HC Seeks State's Reply On Swami Prabodhanand's Plea To Quash FIR
The Uttarakhand High Court on Friday sought the response of the Uttarakhand State Government on a plea moved by Swami Prabodhanand Giri seeking quashing of the FIR (First Information Report) registered against him in connection with Haridwar Dharam Sansad Hate Speech Case.The Bench of Justice Narayan Singh Dhanik issued notice to the state and sought its reply by January 25 on Swami's petition...
Breaking| Dileep Shall Not Be Arrested Till January 27: Kerala HC Asks Him To Appear Before Police For Interrogation Till Then
The Kerala High Court on Saturday granted interim relief to actor Dileep in the recent case registered by the Kerala Police for allegedly conspiring to kill the police officers investigating the 2017 sexual assault case. The actor had sought a pre-arrest bail in this matter. Justice Gopinath. P has restrained the police from arresting him till January 27th. Meanwhile, Dileep and other...
Death Caused By Stress & Strain During Employment - Bombay High Court Directs Employer To Compensate
The Bombay High Court recently directed an employer to compensate the kin of a truck driver, observing that the stress and strain caused during his employment had ultimately led to his demise. Justice NJ Jamadar held that the deceased driver's heart attack could be termed an accident arising out of and in the course of his employment, as contemplated under Section 3 of the...
'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court
The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution. Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy...
Right To Health - Provisions Relating To Medical Treatment Reimbursement Are To Be Construed Liberally: Chhattisgarh High Court
The Chhattisgarh High Court has held that self-preservation is a facet of the right to health, a fundamental right under Article 21 of the Constitution of India. Directing the authority to consider the request of the petitioner for post-facto medical reimbursement, Justice Sanjay Kumar Agarwal held that the provisions relating to reimbursement of medical treatment have to be construed...
Continuation Of Rowdy Sheet Without Any Pending Criminal Case Is Illegal, Unconstitutional: Andhra Pradesh High Court
The Andhra Pradesh High Court on Wednesday ruled that the action of the police in continuing the rowdy sheet when the petitioner is acquitted in sole crime registered against him is unconstitutional. Justice Cheekati Manavendranath Roy relied on his recent order in Tadiboyina Peraiah v. The State of Andhra Pradesh, W.P. No. 24672 of 2020 wherein the Court held that: "when in...
Transfer Of Tenancy Does Not Amount To Creation Of New Tenancy: Bombay High Court
A Bench of Justices G.S.Patel and Madhav J.Jamdar of the Bombay High Court have observed that the transfer of tenancy would not amount to the creation of a "new" tenancy under the MHADA Act and Development Control Regulations, 1991. Brief Background The Petitioner is one of the various tenants and occupants of certain structures which were to be re-developed. The re-development of...