Right To Residence In Matrimonial Home Includes Right To Safe And Healthy Living: Delhi High Court

The Delhi High Court has observed that the right to residence in a matrimonial home under the provisions of Protection of Women from Domestic Violence Act, 2005, also includes the right to safe and healthy living. While issuing notice on a wife’s plea challenging the order passed by the First Appellate Court in a civil case relating to matrimonial dispute, Justice Tushar Rao Gedela...

“Criminal Trial Is Not IPL T20 Match”: Orissa High Court Sets Aside Rape Conviction As Defence Counsel Not Granted Reasonable Time For Preparation

The Orissa High Court has set aside the conviction and sentence imposed on a rape accused on the ground that the State Defence Counsel, who represented him in the Trial Court, was neither supplied with police papers nor given a reasonable amount of time to prepare for the cross-examination of the victim.Expressing dissatisfaction over the hurried-up manner in which the cross-examination...

Public Prosecutor's Opinion Must Be Based On Materials Collected By IO: Calcutta High Court Censures PP For Not Objecting To Bail In Cyber Crime Case

The Calcutta High Court on Tuesday recorded its displeasure against the conduct of a public prosecutor who raised no objection to a bail application without the case diary being produced before the trial court.The single judge bench of Justice Tirthankar Ghosh observed:“I am unable to accept the conduct of the public prosecutor raising no objection without the case diary being produced...

CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court

The Gauhati High Court recently reiterated that the Central Administrative Tribunal (CAT) has no power to condone the delay and entertain a review application beyond a period of 30 days. The division bench of The Chief Justice Sandeep Mehta and Justice Soumitra Saikia observed:“The Tribunal shall have no power to condone the delay unless expressly conferred the power by the statute creating...

Section 30(4) Of IBC Directory In Nature, Does Not Compel COC To Distribute Payments Based On Value Of Security : NCLT Hyderabad

The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Shri Dr. N. V. Rama Krishna Badarinath (Judicial Member) and Shri Satya Ranjan Prasad (Technical Member), while adjudicating a petition filed in Stressed Assets Stabilisation Fund, Mumbai vs. M/s. Galada Power and Telecommunications Ltd., has held that Section 30(4) of IBC is directory in nature and does...

Claim For Pre-CIRP Dues Not Been Filed, Electricity Department Not Entitled To Recover Such Dues Or To Disconnect Electricity: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Swastik Aqua Ltd. & Anr. v Jharkhand Bijli Vitran Nigam Ltd. & Anr., has held that if the Electricity Department does not file any claim for its pre-CIRP electricity dues, then...

PC Act | Magistrate Can’t Make Declaration On Drawing Of Adverse Inference Against Accused For Refusing To Provide Voice Sample: Rajasthan High Court

The Rajasthan High Court recently set aside observations of a magistrate regarding drawing of adverse inference against an accused, who refused to provide his voice sample at investigation stage, in a corruption case. "As far as the observation made by the learned Magistrate regarding unfavourable reckoning is concerned, wherein he has stated that the accused shall be responsible if any...

'TRAI Regulations In Public Interest, No Arbitrariness Made Out': Kerala High Court Dismisses AIDCF's Plea Challenging New Tariff Order

The Kerala High Court on Tuesday dismissed the plea filed by All Indian Digital Cable Federation (AIDCF) challenging the Telecom Regulatory Authority of India's (TRAI) new Tariff Order, under which broadcasters had increased channel prices for cable TV operators for inclusion in bouquet from INR 12 to INR 19 per channel.AIDCF, which is an apex body with several multi system operators (MSOs),...

Jugglery, Manipulation Has No Place In Courts: Jammu & Kashmir HC Upholds Imposition Of Exemplary Cost On Party For Suppressing Material Facts

Upholding a single judge verdict wherein the writ court had imposed Rs one lakh penalty on petitioner for suppressing material facts and misleading the court to gain advantage over the other side, the Jammu and Kashmir and Ladakh High Court recently observed that that jugglery, manipulation, maneuvering or misrepresentation has no place in equitable and prerogative jurisdiction.The...

Lucknow Terror Conspiracy Case 2021: Allahabad High Court Grants Bail To An Alleged Al-Qaeda Terrorist

The Allahabad High Court today granted bail to an alleged al-Qaeda terrorist who was arrested in 2021 in connection with a conspiracy to carry out a pressure cooker bombing in Lucknow. Earlier, the special NIA court had dismissed his bail plea. The bench of Justice Attau Rahman Masood and Justice Saroj Yadav passed this order on the bail plea moved by the accused Mohd. Moeed. A detailed copy...

State Bar Council Requests Punjab & Haryana Govts To Enact Draft Advocates Protection Bill Prepared By It, Warns Of State-Wide Agitation If No Steps Taken

The Punjab and Haryana Bar Council has sent two drafts [Punjab Advocates (Protection) Bill 2023 and Haryana Advocates (Protection) Bill 2023] to both the concerned state governments requesting them to enact the same at the earliest. The council has also warned the government of state-wide agitation if adequate steps are not taken regarding the same. In a press note released by the...

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court

When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years.Justice Bharati Dangre set aside the trial court’s order refusing to discharge the man...