Taking Flat Purchasers For A Ride? Demonstrate You Are 'Paupers' : Bombay High Court To Defaulting Builders

Livid at a developer's conduct of repeatedly dishonouring undertakings given to the court to repay flat purchasers, the Bombay High Court has ordered the firm's directors to demonstrate they are "paupers" through their standard of living. A division bench of Justices SJ Kathawalla and MN Jadhavheard a petition by Arun Veer, a retired pensioner,regarding a flat he had purchased from...

Eve-Teasing On Routine Basis: Madhya Pradesh High Court Prima Facie Finds Elements Of Abetment Of Suicide; Denies Bail

The Madhya Pradesh High Court has denied bail to a man accused of abetment to suicide of a minor girl after observing that he instilled a feeling of helplessness within the girl by constant harassment and made her movement difficult, thereby leading her to commit suicide.Justice Shailendra Shukla observed thus:"Thus, one can see the constant harassment on the part of the applicant of a...

Dr Chintan Chandrachud Joins Brick Court Chambers, London

Dr Chintan Chandrachud has joined Brick Court Chambers, London, as a tenant (a full member of Chambers). Before moving to Brick Court, he was a solicitor at Quinn Emanuel Urquhart & Sullivan LLP, London. His practice encompasses commercial litigation, tax litigation and international arbitration. He has been listed by Chambers & Partners as an "associate to watch", and by Legal 500 as...

Calcutta High Court Stays TDS Collection Under Section 194N Income Tax Act Till Sep 30

The Calcutta High Court on Thursday passed an interim order restraining the Income Tax Department from collecting Tax Deduction at Source (TDS) under section 194N of the Income Tax Act, 1961. Justice Md. Nizamuddin was adjudicating upon a plea challenging the constitutional validity of the provision which was inserted by the Finance Act, 2019 and became effective from September 1, 2019....

NGT Takes Suo Moto Cognisance of Media Report, Issues Directions To States To Curb Elephant Deaths On Railway Tracks

The National Green Tribunal (Principal Bench, New Delhi) on Thursday initiated suo moto proceedings on the basis of a media report titled "Night, early morning trains cause most elephant deaths" published in the Hindu on May 29, 2021. The media report enumerated the occurrence of frequent elephant accidents caused on railway tracks running between Kottekad, Kerala and Madukkarai, Tamil Nadu....

Corrupt Practices Of Public Servants Have Made Society A Victim; Corruption Is Its Deadliest Enemy: Gujarat High Court

Stressing that corruption is the deadliest enemy of every free civilized society, the Gujarat High Court last week observed that society has become a victim to the rampant corrupt practices of the public servants.Observing thus, the Bench of Justice Gita Gopi further remarked that private citizen's right to file complaints against a public servant and to obtain sanction for prosecuting...

Entitled To Live Together In Live-in Relationship Being Major: Punjab & Haryana HC Grants Protection To 21 & 19 Year Old Couple

The Punjab and Haryana High Court has granted protection to a 21 year old girl and 19 year old boy after observing that the two are entitled to live together in a live in relationship being major. A single judge bench comprising of Justice Arun Kumar Tyagi observed thus:"In the present case the petitioners being major are entitled to live together in live-in-relationship and are also entitled...

High Courts Weekly Roundup [July 5, 2021 - July 11, 2021]

Allahabad High Court Gareeb Nawaz Masjid Demolition: Allahabad HC Refuses To Quash FIR Against Mosque Committee Secretary Over 'The Wire' Report A Bench of Justice Ramesh Sinha and Justice Narendra Kumar Johari rejected the plea filed by Secretary of the Gareeb Nawaz Masjid Committee, Mohammad Anees and a local resident of Barabanki, Mohd. Naeem seeking quashing of the...

Section 167(2) CrPC -Holidays Will Be Counted In Computing Statutory Period For Default Bail: Chhattisgarh High Court

The Chhattisgarh High Court arrived at a computation for the delay in filing the charge sheet, where the date of arrest is to be excluded and the date when charge-sheet was filed is to be included. It also held that the grant of default bail is an indefensible right under Section 167(2) CrPC, and the same cannot be defeated by filing a subsequent charge sheet.The petitioner, represented...

Accused Unable To Deposit Surety Bond : Delhi High Court Modifies Bail Condition To Personal Bond

The Delhi High Court has modified a bail condition for deposit of surety bond to deposit of a personal bond instead, on account of the accused being a labourer lacking the financial resources for a surety bond.In an Application filed under Section 482 Code of Criminal Procedure, read with Section 440 Code of Criminal Procedure, Justice Manoj Kumar Ohri directed for the regular bail order to...

'Non-Serious In Arguments': Allahabad High Court Declines To Hear Advocate Standing In 'Noisy & Hustling Area'

The Allahabad High Court last week 'consciously' declined to hear an advocate appearing for the complainant in a bail hearing who was standing in "some noisy and hustling area" and thus, the Court was finding it extremely difficult to gather anything as to what he was arguing.The Bench of Justice Rahul Chaturvedi, however, went ahead to hear the matter with the aid and help of the A.G.A.,...

'Effort To Shield Real Culprits': Calcutta High Court Initiates Departmental Proceedings Against IO, Orders De Novo Probe

The Calcutta High Court on Friday while hearing a plea for quashing of charge sheet reprimanded the concerned Investigating Officer for conducting a 'biased, wholly misdirected and fully tainted' investigation in order to shield the actual offenders. Accordingly, departmental proceedings were initiated against the Investigating Officer and the Court directed a separate police department...