The expression "suit or other proceedings" in Section 446(1) of Companies Act does not include Case U/S 138 NI Act; Bombay HC [Read Judgment]

A Division Bench of Bombay High Court has held that the expression "suit or other proceedings" in Section 446(1) under chapter II of Part VII of Companies Act, 1956, does not include criminal complaints filed under Section 138 of the Negotiable Instruments Act, 1881The Bench comprising of Justices Dr.Shalini Phansalkar Joshi and Dharmadhikari was answering a reference from a Single Judge...

An erroneous decision on a pure ‘question of law’ does not operate as ‘res judicata’ or 'Estoppel' for the Court to decide the question correctly in a subsequent lis between same parties; SC

A two Judge Bench of the Supreme Court held that previous proceedings would operate as res judicata only in respect of issues of facts and not on issues of pure questions of law when the subsequent suit or proceeding is based upon a different cause of action and in respect of different property though between the same parties.The Bench comprising of Justices Dipak Misra and Shiva Kirti Singh...

Supreme Court awards lifer to Wife Murderer [Read Judgment]

Reversing the High Court order acquitting a man accused of murdering his wife by administering poison, the Supreme Court has restored the judgement of the trial court wherein and sentenced the accused to life imprisonment.The Wife, a dental surgeon by profession had died in the year 2000 after 2 years of her marriage with the accused. The prosecution case was that the accused was of the habit...

Beef Ban: Bombay HC declares Sections 5D and 9B of Maharashtra Animal Preservation Act as unconstitutional [Read Judgment]

Consumption of food which is not injurious to health is a part of an individual’s autonomy or his right to be let alone. Hence, it is an infringement of his right to privacy. In our view, Section 5D violates the right of privacy being an integral part of the personal liberty under Article 21, said the CourtA Division Bench of Bombay High Court on Friday struck down two amendments to...

No proposal as of now to regulate fee charged by Advocates, says Union Law Minister in LokSabha

Laying rest to all speculations, the Union Law minister has informed the Parliament that Central Government, as of now, is not proposing to regulate the fee charged by advocates.The Law Minister D V Sadananda Gowda was replying to the question by a member of the house that whether the government is aware that a large number of advocates are charging high fees from their clients, including...

Madhya Pradesh HC to hear during Summer Vacation Criminal Appeals where the accused are in jail for more than a decade

In an office order issued yesterday, the High Court of Madhya Pradesh has said that Criminal appeals, where the accused are in jail for more than 10 years, can be taken up for final hearing during Summer vacation. This is in pursuit of National Litigation Policy Five plus Zero, the Chief Justice said in the order. This special priority category would be titled as "Criminal Appeals- Convicts...

GNLU an epitome of Injustice: Gujarat HC quashes University order cancelling examination of a student [Read Judgment]

How is a student of law expected to be a patron of justice when his university is the epitome of injustice? asked Gujarat High Court coming down heavily on Gujarat National Law University for cancelling examination of a student of the University violating principles of Natural Justice.A Student of GNLU, while he was writing examination, five minutes before the completion of exam time, was...

Special provisions under the new JJ Act, 2015 for children committing heinous crimes

The Government has recently enacted the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) repealing the Juvenile Justice (Care and Protection of Children) Act, 2000 to overcome the problems that were faced in the implementation of the JJ Act, 2000. The JJ Act, 2015 has come into effect from 15th January, 2016. Amongst the various provisions of the JJ Act, 2015 there...

Delhi Judicial Service Examination postponed in view of pending Writ Petition

Delhi High Court has postponed the Delhi Judicial Service Main Examination (Written), 2015 scheduled to be held on 14th and 15th May, 2016. The notice issued by the High Court regarding the same,states as follows;“In continuation of this Court’s Notice dated 04.03.2016, it is hereby notified that in view of the pendency of WP (C) No. 2104/2016 titled “Manish Gupta vs. Registrar...

Children aged below 15 cannot claim Compassionate appointment after attaining majority: Madras HC [Read Judgment]

Under the scheme, the department is not obligated to keep any post vacant, till the applicant attains majority or to consider his candidature on attaining majority, the Bench said.The Madras High Court, observing that compassionate appointment is not a right, but only a concession, has held that children below the age of fifteen on the day of death in harness of either of their parents...

Delhi HC reads down Section 28(11) of Customs Act [Read Judgment]

The Delhi High Court has read down Section 28 (11) of the Customs Act holding that the Customs Department cannot seek to rely upon Section 28(11) of the Act as authorising the officers of the Customs, DRI, the DGCEI etc. to exercise powers in relation to non-levy, short-levy or erroneous refund for a period prior to 8th April 2011 if, in fact, there was no proper assigning of the functions...

Allahabad HC rejects challenge against grant of pension and other benefits to former MPs [Read Judgment]

The need for a former Member of Parliament to live a life of dignity after ceasing to be a member is not merely a matter of concern for Members of Parliament themselves but an issue which is vital to the functioning of democracy, the Court said.Allahabad High Court has dismissed a writ petition by Lok Prahri challenging the constitutional validity of the amendments made by Parliament to...