Detention Orders With Irrelevant Grounds Violate Constitutional Rights, Grants Detenu Right To Seek Relief From Court: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that including irrelevant or non-existent grounds in a detention order violates the constitutional rights of the detenu, allowing them to seek court relief.Justice Vinod Chatterji Koul explained that such inclusions infringe upon two crucial rights: firstly, the inclusion of irrelevant or non-existent grounds infringes upon the primary...

'Unjust Enrichment' : Karnataka RERA Directs Developer To Transfer Corpus Fund To Owners' Association, Fulfil Promises In Senior Citizen's Project

The Karnataka Real Estate Regulatory Authority (KRERA) has directed a private developer engaged in the construction of a senior citizens' project in Mandya District to transfer the entire corpus fund of Rs 62.26 lakh, collected from buyers to the owners' association.“It is also to be noted that common amenities under the project are made available for the common use and enjoyment of...

NCLT Mumbai: Tribunal Is A Judicial Authority With Power To Refer Matter To Arbitration If Dispute Falls Within Scope Of Arbitration Agreement

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Mr. Kishore Vemulapalli (Judicial Member) and Mr. Prabhat Kumar (Technical Member), dismissed an application and held that the Tribunal is a judicial authority, and has the power to refer the matter to Arbitration if it finds that the dispute is arbitral and falls within the scope of...

Delhi Riots: Court Discharges 11 Men In Dilbar Negi Murder Case, Frames Charges Against One

A Delhi Court on Wednesday discharged 11 men in a Delhi riots case alleging that a mob caused vandalism, put on fire a sweet shop as a consequence of which a 22 year old boy namely Dilbar Negi died after after sustaining burn injuries. (FIR 39/2020 PS Gokulpuri)Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts observed that the presence of the 11 accused persons in the...

NewsClick Arrests: Delhi Court Remands Prabir Purkayastha, HR Head To Police Custody Till November 02 In UAPA Case

A Delhi Court on Wednesday remanded NewsClick founder Prabir Purkayastha and Human Resources head Amit Chakraborty to police custody till November 02 in the UAPA case registered following allegations of the portal receiving money for pro-China propaganda.Additional Sessions Judge Hardeep Kaur of Patiala House Courts passed the order after the duo was produced in court on the expiry of...

Can ED Attach Property Acquired Before Alleged Commission Of Scheduled Offence? Supreme Court To Consider

The Supreme Court recently issued a notice in a case which raises the issues whether a property acquired before the alleged act of scheduled offences under the Prevention of Money Laundering Act(PMLA), 2002 can be called “proceeds of crime” liable to be attached by the Directorate of Enforcement (ED).Another issue which arises in the case is whether the PMLA would override the...

Can't Assume Graduate Wife Intentionally Not Working To Claim Maintenance From Husband When She Was Never Employed: Delhi High Court

The Delhi High Court has said that merely because the wife is holding a graduation degree, it cannot be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband, particularly when she was never employed in the past.While refusing to reduce interim maintenance granted to a wife, a division bench of Justice Suresh Kumar Kait and...

Mere Likelihood Of Absconding While On Parole Not Sufficient Ground To Decline Temporary Release: Punjab & Haryana High Court

The Punjab & Haryana High Court recently granted parole to a man convicted for murder and sentenced to life imprisonment observing that likelihood of absconding of the prisoner is not a sufficient ground to reject temporary release. A division bench of Justice Lisa Gill and Justice Ritu Tagore emphasized that the mere likelihood of absconding while on parole was not a sufficient ground...

Shocked By Big Malls Not Allowing Customers To Carry Their Own Bags: Bengaluru Consumer Court Asks Ikea To Refund ₹20 To Customer, Pay Compensation

A consumer court in Bengaluru has directed Ikea India Private Limited to refund a sum of Rs 20 charged for providing a carry bag to its customer along with interest and pay a compensation of Rs 1000 for harassment and mental agony caused to the complainant. The bench headed by President B Narayanappa expressed shock at the level of service provided by the large malls and showrooms by not...

Bengaluru District Commission Holds IndusInd Bank Liable For Refusal To Refund Invested Amount Of Rs. 16.16 Lakhs

The Bengaluru-IV Additional District Consumer Disputes Redressal Commission bench comprising of Ramachandra, M.S. (President), Nandini H Kumbhari (Member) and Shrinidhi (Member) held IndusInd Bank liable for unfair trade practices, negligence, and a breach of their duties as prudent bankers for not refunding investments made by the complainant amounting to Rs 16.16 Lacs...

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief needs to be granted or not. A bench of Justice B...

Varanasi Court Rejects Plea For ASI Survey Of Gyanvapi Mosque's Wuzukhana Area Considering SC's Order Protecting 'Shiva Linga'

The District Judge, Varanasi today REJECTED a petition moved before it seeking a direction to the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque without causing any damage to the structure.The application, filed under Section 75 (e) and Order 26 Rule 10A r/w Section 151 of CPC, had been moved by Rakhi...