Govt Can't Act As A Robber, Taking Away Private Land Without Compensation Militates Against Constitutional Guarantees: Karnataka High Court

The Karnataka High Court has expressed deep anguish over the actions of Karnataka Industrial Areas Development Board (KIADB) and its officials who for almost 15 years failed to pay compensation to landowners whose properties were acquired for public purpose in 2007. Justice Krishna S Dixit, while partly allowing the petition filed by one M V Guruprasad, said, “The government cannot...

Trial Courts Not Taking Sufficient Pains To Frame Questions U/S 313 CrPC And Confront Accused With Incriminating Material: MP High Court Laments

The Madhya Pradesh High Court recently set aside the conviction of a person under Section 302 IPC due to non-compliance of Section 313 CrPC in the trial court proceedings. The division bench comprising Justices Sujoy Paul and A.N. Kesharwani observed that the court below had not complied with the requirements of Section 313 CrPC in its spirit and therefore, the conviction of the...

Meghalaya High Court Weekly Round Up: February 6 To February 12, 2023

Nominal Index:Shri. Saket S. Gokhale Vs. Election Commission of India & Ors 2023 LiveLaw (Meg) 5Shri Bhalang Shylla & Anr. v. State of Meghalaya 2023 LiveLaw (Meg) 6Shri. Momin Miah Vs State of Meghalaya & Anr. 2023 LiveLaw (Meg) 7In Re: (Suo motu): Illegal mining of coal in the State of Meghalaya v. State of Meghalaya 2023 LiveLaw (Meg) 8Union of India Vs Bina Khongbuh & ors...

High Court Issues Notice On Delhi Police’s Plea Against Order Discharging Sharjeel Imam, Others In Jamia Violence Case

The Delhi High Court on Monday said that trial court's observations in the order discharging Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the 2019 Jamia violence case, will not affect the further investigation or trial of the remaining accused. Justice Swarana Kanta Sharma issued notice on the revision petition filed by the Delhi Police and listed the case for hearing...

Kerala High Court Weekly Round-Up: February 6 To February 12, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 63-73]Sudheesh Babu v. State of Kerala 2023 LiveLaw (Ker) 63Kerala Public Service Commission v. The State Commissionerate for Persons with Disabilities & Anr. 2023 LiveLaw (Ker) 64 Kerala State Insurance Department v. Joy Wilson M.V. & Ors. 2023 LiveLaw (Ker) 65 Shabna Abdulla v. Union of India & Others 2023 LiveLaw (Ker) 66 George...

[PIT-NDPS Act] Threat To Public Health Ground For Detention If Authority Satisfied That Detenu Indulged In Illicit Drug Trafficking: JKL High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that merely because the detaining Authority among other grounds has also observed that the activities of the detenu pose a serious threat to the health and welfare of the people would not render the impugned order of detention under Section 3 of the PIT-NDPS Act illegal. Section 3 of the Prevention of Illicit Traffic in...

Time To Stop Entertaining Writ Petitions Relating To Wakf Act, Parties Must First Approach Statutory Authorities: Kerala High Court

The Kerala High Court recently observed that time has come for it to stop entertaining writ petitions seeking directions relating to a wakf and to insist that the party should first approach the authorities under the Wakf Act.The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. dismissed a writ petition filed by a person who claimed to be the...

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court

The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none. A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged wife and child maintenance amount of Rs 10,000 per...

JKL High Court Weekly RoundUp: February 6 - February 12, 2023

Nominal Index:Kumar Avinav Vs State of J&K. 2023 LiveLaw 14Rukhsana Jabeen Vs State of J&K 2023 LiveLaw (JKL) 15Farooq Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 16Sham Lal vs UT of J&K 2023 LiveLaw (JKL) 17Shahid Hameed Vs UT of J&K 2023 LiveLaw (JKL) 18Rahul Kumar & Ors Vs UT of J&K 2023 LiveLaw (JKL) 19P N Sharma Vs Union Of India & Ors 2023 LiveLaw (JKL)...

Partial Payment Of PF & Gratuity Dues Violative Of Section 30(2)(E) Of IBC: NCLAT Chennai Reiterates

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Mrs. C.G. Vijyalakshmi v Shri Kumar Rajan & Ors., has held that Provident Fund and Gratuity dues have to be paid in full to the workmen/employees till the CIRP commencement...

NCLT Ahmedabad Bench Re-Constituted W.E.F 15th FEBRUry 2023

The National Company Law Tribunal, Ahmedabad Bench, has been re-constituted vide a Circular dated 09.02.2023 issued by NCLT. Dr. Deepti Mukesh (Judicial Member) of NCLT Ahmedabad Bench (Court No. II) is demitting office on 14.02.2023 on completion of her tenure. Therefore, the Bench is being re-constituted to take up the matters listed before Dr. Deepti Mukesh (Judicial Member) and...

Weekly Digest Of IBC Cases: 6 February To 12 February 2023

NCLAT Assets Of Subsidiary Company Cannot Be Dealt With In CIRP Of Holding Company: NCLATDelhi Case Title: Greater Noida Industrial Development Authority (GNIDA) v Roma Unicon Designex Consortium Case No.: Company Appeal (AT) (Insolvency) No. 180 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan...