Allotment Of Law Chambers Should Be As Per Procedure, Not Favouritism: Madras High Court

The Madras High Court has observed that favouritism while allotting law chambers should not be encouraged and the allotments should be made as per the established procedure. The court added that even if certain adjustments were to be made, they should not be unilateral decisions and the consent of the Lawyers concerned was necessary. Lawyers are performing noble profession and they...

Bombay High Court Seeks Report After Rape Accused Threatens Victim From Prison, Gets Address From Police Station Through RTI

The Bombay High Court has called for a report from Taloja prison Superintendent after it was informed that an alleged rapist with over 14 different matrimonial profiles, lodged in prison, was pressurising victims not to depose against him.The complainant, a lawyer from Solapur submitted that prison officials forwarded the accused’s RTI applications to the police department through which...

Why Did They Sign Off Resolution To Strike Work? Calcutta High Court Seeks Explanation From Office Bearers Of Berhampore Bar Association

The Calcutta High Court on Monday sought explanation from the President, Vice-President and Secretary of Berhampore Bar Association as to why they were signatories to a resolution to strike work which paralysed the courts at Berhampore and denied access to justice to innumerable litigants. The division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta observed:“It appears the...

Section 9 Application Must Stand The Test Laid Down By SC In M/s S.S. Engineers Vs HPCL: NCLT Jaipur

The National Company Law Tribunal, Jaipur Bench, comprising Shri Deep Chandra Joshi (Judicial Member) and Shri Prasanta Kumar Mohanty (Technical Member), while adjudicating an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC”) in Narayan Organics Private Limited Vs Prayag Polytech Private Limited has held that an application under Section 9 of IBC must stand...

PIL Challenging Conduct Of Election Rules Listed On 27th March Before Supreme Court

The Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala decided to list the petition filed by the NGO Lok Prahari, challenging the Conduct Of Election Rules, 1961 on 27 March 2023. The petition challenged the Rules to the effect that as per the rules if an MLA did not show his marked ballot paper to the polling agent of the party, his vote would...

Weekly Digest Of IBC Cases: 13 March To 19 March 2023

Supreme Court IBC- Resolution Professional Entitled To Take Control Of Corporate Debtor's Rights In Assets Licensed To Third Parties : Supreme Court Case Title: Victory Iron Works Ltd. v Jitendra Lohia & Anr. Citation : 2023 LiveLaw (SC) 193 The Supreme Court Bench comprising of Justice V. Ramasubramanian and Justice Pankaj Mithal, has held that a resolution professional...

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court

The Delhi High Court on Monday said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored. Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance so...

Plea In Punjab & Haryana High Court Seeking Probe Into Lawrence Bishnoi’s TV Interview Dismissed As Withdrawn

A plea moved before the Punjab and Haryana High Court seeking a probe into the recent News Channel interview of alleged gangster Lawrence Bishnoi was today dismissed as withdrawn.The plea moved by Gourave Bhayyia, a Chandigarh-based lawyer, was withdrawn after the bench of Justice Vikram Aggarwal after giving him the liberty to move a Public Interest Litigation (PIL) plea in...

S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment

The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where there is a failure on the part of an employer to abide by the prescription of Section 25 of the Industrial Disputes Act 1947, the application of doctrine of Estoppel cannot lie against the employee who accepted compensation, while challenging his retrenchment order.A bench comprising Justices Rajnesh Oswal and...

Delhi High Court Grants Interim Bail To Former Congress MLA Accused Of Misbehaving With Cop, Asks Him To Offer Services At Education Centre

The Delhi High Court on Monday granted interim bail to former Congress MLA Asif Mohammad Khan who is accused of allegedly misbehaving with a police officer, subject to the condition that he will offer services at an adult education centre.Justice Dinesh Kumar Sharma noted that Khan is an alumni of Jamia Millia Islamia University and directed him to offer the service thrice a week. The FIR...

‘Practising Christian, Not A Scheduled Caste Member’: Kerala High Court Annuls CPM MLA A Raja's Election From Reserved Constituency

The Kerala High Court on Monday declared CPM candidate A. Raja's 2021 election from the Devikulam Assembly constituency as void. Justice P. Somarajan said Raja is not a member of 'Hindu Parayan' within the State of Kerala and thus not qualified to be chosen to fill the Devikulam Assembly constituency that had been reserved for Scheduled Caste among Hindus.Factual MatrixThe petitioner, D....

Gyanvapi| Allahabad HC Directs ASI To File Reply On Safe Evaluation Of 'Shiva Linga' Age Sans Any Further Delay, Matter Posted For April 5

The Allahabad High Court today granted another chance to the Archaeological Survey Of India (ASI) to file its reply on the issue as to whether a safe evaluation of the age of the 'Shiva Linga', purportedly found inside the Gyanvapi Mosque complex, can be done. The Court has now posted the matter for hearing on April 5.The bench of Justice Arvind Kumar Mishra-I, however, asked it to expedite...