News Updates
Malls Can't Collect Car Parking Fee : Kerala High Court Makes Prima Facie View In Lulu Mall Case
The Kerala High Court on Friday opined that prima facie, the collection of parking fees by Lulu International shopping mall was not appropriate while adjudicating upon a couple of pleas alleging that the mall collecting parking fees from its customers was illegal.Justice P.V. Kunhikrishnan sought a clear response from the Kalamassery Municipality on this question and posted the matter to be...
At Home COVID-19 Vaccine Booster Jabs For Senior Citizens: Uttarakhand High Court Directs State
The Uttarakhand High Court has directed the State to give the option to senior citizens to be jabbed with the booster doses of COVID-19 vaccination in their homes. For those unable to travel to the vaccination center, the State shall administer the precaution doses in their homes. The development ensued in an ongoing batch of PILs related to the COVID-19 situation in the State, where...
Order Cannot Be Said To Be 'Non-Speaking' If Party Did Not Raise Any Material Ground: Jharkhand High Court
The Jharkhand High Court has recently held that to decide whether an appellate order is speaking or non-speaking, it has to be seen in light of the grounds raised in the appeal and not in isolation. Justice Anubha Rawat Choudhary held that when in appeal the party concerned does not raise any material ground, the order consequently passed cannot be said to be a non-speaking order.The matter...
Punishment Part Of 'Reintegration Process' With Society: Jharkhand High Court Refuses To Reduce Sentence Of Juvenile Convict
While refusing to reduce the sentence of a man, convicted under Section 304B read with Section 34 of the Indian Penal Code when he was a juvenile, the Jharkhand High Court has observed that one of the prime concerns of the juvenile justice system is to ensure that the delinquent juvenile is also prevented from reoffending, thus the sentence period is a part of the reintegration and thus must...
Oil Marketing Companies Are State Instrumentalities, Empowered To Regulate Fuel Pumps In Public Interest: Delhi High Court
The Delhi High Court has upheld the power of Oil Marketing Companies (OMCs) to formulate Marketing Discipline Guidelines (MDGs) in public interest, i.e., for the benefit of the consumers as well as to protect the rights of the employees at Retail Outlets (ROs).The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh observed,"MDG is a Guideline issued by the OMCs, Instrumentalities...
Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court
In a significant judgment, the Kerala High Court ruled that before recording witness depositions under Section 299 of the Code of Criminal Procedure, it should be established that the accused has absconded and that there is no immediate prospect of arresting him. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran was called upon to answer an intriguing question on...
Divorce Decree From French Court; Maintainability Of Suit For Partition Of Dissolved Community Property Before Indian Court: Madras High Court Explains
In a divorce proceeding characterised by questions on Conflict of Laws, Madras High Court has held that a suit filed for partition and separate possession of the property in India, as per Indian laws is maintainable and will not be barred by virtue of not approaching French Notary for liquidation under Article 1444 of the French Civil Code. A Division Bench of Justice T. Raja and Justice...
Foreigners Tribunal's Order Declaring A Person As Citizen Is Binding On Subsequent Proceedings Against Same Person: Gauhati High Court
The Gauhati High Court on Monday set aside an order passed by a Foreigners' Tribunal declaring a resident of Jorgah village, Sonitpur as a foreigner after noting that the concerned Tribunal had earlier declared him to be an Indian citizen but had subsequently passed an ex-parte order declaring him to be a foreigner. A Bench comprising Justices Kotiswar Singh and Malashri Nandi set aside...
Refusing To Grant Interim Relief, NCLAT Admits The Amazon's Appeal Against CCI's Order
The NCLAT Bench comprising of Justice M. Venugopal and Mr. V.P. Singh in Amazon.com NV Holdings LLC v. Competition Commission of India & Ors. refused to grant interim relief to Amazon against its plea challenging the order of the Competition Commission of India which suspended its deal with Future Coupons Pvt. Ltd. The order was passed by the Competition Commission on 17th...
Petitioner Cannot File Writ Petition Before Exercising Remedy U/S 17 Of SARFAESI Act; Madras High Court
The Madras High Court, in a Bench comprising of Justice M. Duraiswamy and Justice Sathya Narayan Prasad in R. Ganesan v. M/s. ASREC (India) Limited has reiterated the legal position and dismissed the writ petition filed by the Petitioner due to non-exercise of alternate remedy of appeal under Section 17 of the SARFAESI Act. As per the terms of Section 17, an appeal can be filed to...
Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi
The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. Essjay Ericsson Private Limited v. M/s. Frontline (NCR) Business Solutions Pvt. Ltd., has held that in order to seek the benefit of the judgment of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020, extending the period of limitation due...