News Updates
'Prima Facie Case Made Out': Allahabad HC Denies Relief To 5 Women Of 'Nafisa Gang' Allegedly Involved In Filing False Rape Cases
The Allahabad High Court on Monday refused to quash FIR against and stay the arrest of the 5 women members of the alleged 'Nafisa Gang' which is allegedly involved in filing false rape/SC-ST Act cases against innocent persons for the purpose of extracting money.The bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar observed that a prima facie case is made out against the...
Issue Whether Main Claim Is Time Barred, Is An Issue On Merits; Must Be Decided In Arbitral Proceedings: Bombay High Court
The Bombay High Court has ruled that while the limitation period for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking appointment of arbitrator, is to be examined by the Court, the limitation aspect of the substantive claims is to be looked into only by the arbitral tribunal and not by the Court. The bench of Justice Bharati...
Citizens Have Right To Know Rules Under Which They Are Refused Permission To Hold Peaceful Protests: Gujarat High Court
The Gujarat High Court has held that citizens have a right to know the rules and regulations under which they are denied the permission to hold peaceful protests. It added that refusal of the Police to publicize such rules amounts to "killing and smothering" the very purpose of the Right to Information Act."Right to Information Act was enacted with the spirit that the democracy requires...
‘Won’t Make Any Third Party Interest In Suit Shares’: Ashneer Grover To Delhi High Court In Suit By BharatPe Co Founder Bhavik Koladiya
BharatPe’s Former Managing Director Ashneer Grover on Wednesday told the Delhi High Court that he will not make any third party interest in 16,110 shares transferred to him by fintech company’s co-founder Bhavik Koladiya and in any rights that accrue to him as a consequence thereof, subject to further orders of the court. Hearing a suit filed by Koladiya along with an interim application...
Plea For CBI Probe Into Alleged Iron Ore Smuggling to China : Supreme Court To Hear In March
“Since 2020, iron ore exporters are using a duty-free tariff code exclusively reserved for a central public sector undertaking to evade 30 per cent export duty,” Advocate Manohar Lal Sharma and petitioner-in-person, claimed before the Supreme Court on Tuesday, while seeking a probe by the Central Bureau of Investigation into the alleged duty evasion by 61 companies at the time...
Attempt To Murder Case| 'Offence Against Society, Injured Persons Can't Pardon Accused': Allahabad HC Refuses To Quash Proceedings
The Allahabad High Court on Tuesday refused to quash proceedings against the accused persons in an attempt to murder case on the basis of a compromise between the accused and the injured victims as it called the offence 'against the society'.The bench of Justice Subhash Vidyarthi observed that the crime was against the society and not against the injured sons of the informant alone...
District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court
While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter.While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the District Collector...
South Delhi Illegal Constructions: High Court Orders CBI To Not Act On Lokpal Order For Probe Against MCD Officials
The Delhi High Court on Wednesday asked the Central Bureau of Investigation (CBI) to not act on the order passed by Lokpal of India directing the central agency to initiate a probe against officials of the Municipal Corporation of Delhi (MCD) over a complaint alleging illegal and unauthorized constructions in South Delhi area."Considering the nature of matter, in the meantime, the CBI shall...
NDPS Act: All India High Court Cases 2022
LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS CaseCase Title: Shankar Varik @ Vikram v. Union of...
[Promissory Estoppel] Govt Subsidy Cannot Be Withdrawn With Retrospective Effect Particularly When Other Party Takes Steps: Kerala High Court
The Kerala High Court recently observed that action of taking away the benefits of concession/ subsidy promised by the government can only be done prospectively. Justice Amit Rawal observed that,Principle of promissory estoppel arises while extending the promise if steps have been taken where the benefit cannot be taken away after expiry of number of years. There is no bar for the Government...
Section 498A IPC | Mental Cruelty Possible Even If In-Laws Reside Separately: Bombay High Court
The Bombay High Court recently observed that mental cruelty is an abstract concept and can be committed even if in-laws reside separately."The mental cruelty is an abstract concept and it is a matter of experience for a person who is subjected to cruelty … Sometimes, the taunts might be seen to be innocuous by one person, while they may not be necessarily so perceived by another person …...
Sree Narayana Trust Office Bearers Involved In Criminal Offence Relating To Trust Barred From Holding Office Till Disposal Of Case: Kerala High Court
The Kerala High Court recently approved the modification of the scheme of Sree Narayana Trust. The Scheme was framed pursuant to a judgement of the court in a 1972 case and clause 34 permits any member of the Board of Trustees to approach high court for appropriate modification.While the clause 34A of the Scheme permits members of the Board of Trustees to move civil court against office...