Temperament Basic Attribute Of Judges, Can't Project Ill-Feelings Towards Litigants, Law Enforcing Agencies: Calcutta High Court

The Calcutta High Court at Jalpaiguri recently quashed an order of Judicial Magistrate which directed a Police Officer to appear personally before his Court to file show-cause as well as execution report of a warrant of arrest against a medical officer, failing which he shall be liable to face penal consequences. While quashing the order, the single judge bench of Justice Bibek...

Allahabad High Court Suspends UP Cabinet Minister Nand Gopal Gupta Nandi's 1-Year Jail Term In Assault Case

The Allahabad High Court on Monday suspended a 1-year jail term awarded to Uttar Pradesh cabinet minister Nand Gopal Gupta 'Nandi' by an MP/MLA court in Allahabad in January this year in connection with a 9-year-old assault case. The Court also issued a direction for his release on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court...

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission

A single bench of National Consumer Dispute Redressal Commission, of Dr. S.S. Kantikar (Presiding Member) in a Revision Petition , has confirmed the Order passed by the District Forum and State Commission. The NCDRC has held the Doctor negligent and directed him to pay Rs.3,00,000 as compensation and Rs.15,000 towards litigation costs.The complainant/patient was admitted to...

Preventive Detention Order Can Be Passed Against Person Already In Judicial Custody On Subjective Satisfaction Of Detaining Authority: Kerala High Court

The Kerala High Court recently held that an order of preventive detention can be passed against a person already in judicial custody if the detaining authority is satisfied of its necessity.A division bench comprising of Justice Alexander Thomas and Justice C.S. Sudha held that based on parameters such as the immediate possibility of release of the detenu from judicial custody and if released...

Medical Negligence, NCDRC’s Revisional Power Is Limited To Illegality, Material Irregularity Or Jurisdictional Error

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding members Dr. S.M. Kantikar and Mr. Binoy Kumar upheld the State Commission’s award in favour of the patient who died due to medical negligence by the doctors while performing an operation to remove the gall bladder stone. While the petitioners argued over different facts, the court held that it was...

Right To File Discharge Plea In Trial Court Available: Allahabad HC Refuses To Quash 23 Yr Old Case Against Congress MP Randeep Surjewala

The Allahabad High Court on Monday refused to quash a 23-year-old criminal case pending before the Varanasi Court against Congress' Rajyasabha MP Randeep Singh Surjewala as it noted that he has a remedy to move a discharge plea before the Trial Court.The bench of Justice Rajiv Gupta also directed that in case the Congress MP files a discharge plea before the local court within a period of...

NCLT Admedabad Orders Closure Of Liquidation Of M/s Mehta & Associates Fire Protection Systems Pvt. Ltd.

NCLT Admedabad bench comprising of Dr. Madan B. Gosavi (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member) has ordered for closure of liquidation of M/s Mehta & Associates Fire Protection Systems Pvt. Ltd. (‘Corporate Debtor’) under Regulation 44(1), 45(1), and 45(3)(a) of the IBBI (Liquidation Process) Regulations, 2016 (‘Liquidation...

Karnataka High Court Orders Forest Authorities To Respond To PIL Over Wildlife Killed By Overspeeding Trains

The Karnataka High Court has asked the Forest authorities to file their replies to a PIL seeking to reduce speed limit of trains passing through dense forest during the night time on the Hospet-Vasco and Londa-Miraj railway line, to avoid wildlife being hit by speeding trains. A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi directed the Deputy Conservator of...

"Triple Test" To Pass Preventive Detention Order Against Person Already In Judicial Custody? Andhra Pradesh High Court Reiterates

The Andhra Pradesh High Court has set aside the preventive detention order against an alleged sandalwood smuggler lodged in judicial custody, stating that the satisfaction of detaining authority, necessary as per the triple test, was not recorded in the detention order.The Division bench of Justice D.V.S.S.Somayajulu and Justice V. Srinivas reiterated that an order of preventive detention...

NCLT Ahmedabad Order Liquidation Of Tradeohub B2B Limited Under Section 33 Of IBC

NCLT Ahmedabad bench comprising of Dr. Madan B Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member) has ordered the liquidation of Tradeohub B2B Limited (‘Corporate Debtor’) under Section 33(1) of Insolvency and Bankruptcy Code, 2016 (‘IBC’). The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (‘CIRP’) on 16.11.2021. and...

Corporal Punishment In Prisons Unconstitutional, 'State Sponsored Terrorism': PIL In Delhi High Court

A public interest litigation has been moved before Delhi High Court challenging various provisions of the Prisons Act, 1894, that relate to corporal punishment of inmates for acts of indiscipline. The plea argues the provisions are ultra vires of Articles 14, 19(1)(a), 20(2) and 21 of the Constitution of India.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium...

'Not In Good Taste, Apex Court Seized Of Matter': Karnataka High Court Refuses To Hear Plea For Postponing 5th, 8th Standard State Board Exams

The Karnataka High Court on Tuesday refused to hear a matter seeking postponement of Board exams for 5 and 8th standard students of the State board, which is scheduled to be held on March 27. Advocate A Velan mentioned the matter before a bench led by Chief Justice Prasanna B Varale seeking urgent hearing. It was submitted that the Apex court is seized of the matter challenging the interim...