Allahabad High Court Weekly Round-Up: January 23 To January 29, 2023

NOMINAL INDEX Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2023 LiveLaw (AB) 32 Mohd. Aslam vs. State of U.P 2023 LiveLaw (AB) 33 Mohd. Ahmad Khan @ Ahmad Khan And Another vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 34 Sajid @ Sajid Pardhan vs. State of U.P. 2023 LiveLaw (AB) 35 Mohammad Azam Khan vs. State of U.P....

Allahabad High Court Entertains And Allows A Second Anticipatory Bail Plea Filed On Fresh Grounds

The Allahabad High Court recently entertained and allowed a second anticipatory bail plea filed on fresh grounds. The bench of Justice Karunesh Singh Pawar granted anticipatory bail [till the filing of police report u/s 173(2) CrPC] to one Rajnish Chaurasia who has been accused of inter alia causing hurt to the first informant in May 2022. With this, the bench rejected the...

Delhi High Court Summons Finance And Urban Development Secretaries, MCD Commissioner Over Unpaid Salaries Of Employees, Teachers

The Delhi High Court on Monday summoned Finance and Urban Development Secretaries of the Delhi Government and Commissioner of Municipal Corporation of Delhi over failure to make payment of salaries to various employees, safaikaramcharis and teachers of the civic body. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it is unfortunate that class...

Motor Vehicles Act | Claim Petitions Filed Beyond 6 Months Cannot Be Dismissed By MACTs In Limine: Kerala High Court

The Kerala High Court recently held that the claim petitions filed under the Motor Vehicles Act cannot be dismissed by the Motor Accidents Claims Tribunals (MACT) in limine, if the same have been filed beyond the period of six months. The Single Judge Bench of Justice Amit Rawal, while setting aside the impugned orders of the MACT, observed that,"The provisions of the Limitation Act would...

Himachal Pradesh High Court Bans Cutting Of Hills Without Prior Permission From Town And Country Planning Director

The Himachal Pradesh High Court recently directed the State government to frame a policy for conservation, preservation and cutting of hills in consultation with the Department of Environment, Science and Technology and such other departments, as may be necessary, within two months. The direction came from a bench comprising then Chief Justice A A Sayed and Justice Jyotsna Rewal...

Corruption Charges Against Officers Of Tender Scrutiny Committee Cannot Result In Cancellation Of Valid Tender: Karnataka High Court

The Karnataka High Court has said that a tender inviting authority is empowered only to cancel the tender prior to notification of award and execution of the contract. Once the award is notified, it is statutorily impermissible to withdraw or cancel the tender except for violation of the tender conditions, said the court. Justice M Nagaprasanna allowed the petition filed by M/s...

[S.311 CrPC] Witness Cannot Be Recalled Merely Because Party Failed To Put Certain Important Questions During Cross-Examination: Gujarat HC

A single judge bench of the Gujarat High Court has reiterated that prosecution witnesses could not be recalled for cross-examination under section 311 of the CrPC on the ground that certain important questions were not asked during the cross-examination. While dismissing the criminal revision petition, Justice Umesh A. Trivedi observed that the petitioner has not mentioned what is...

Delhi High Court Transfers Pleas Seeking Recognition Of Same-Sex Marriages To Supreme Court

The Delhi High Court on Monday transferred a bunch of pleas seeking recognition of same-sex marriages in the country to the Supreme Court.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad transferred the pleas after the Supreme Court, earlier this month, transferred to itself similar petitions. As the court was apprised about the order of the Apex Court,...

Compromise Decree Cannot Be Passed Where Parties Enter Into Agreement Without Specifying How The Suit Is To Be Decided: Kerala High Court

The Kerala High Court recently held that where the parties agreed to settle a suit on the basis of an agreement entered into between themselves, without saying how the suit is to be decided or what the terms of the compromise are, no decree can be passed by the Court in such suit. The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar passed the above order...

Victim Or Complainant Of Sexual Offences Not Ordinarily Required To Be Impleaded As Respondent: Delhi HC Appoints Amicus To Take ‘Considered View’

The Delhi High Court has appointed Senior Advocate Rebecca John as amicus curiae to decide if the requirement of giving intimation to a victim or complainant of sexual offences under IPC and POCSO Act, also requires impleadment of such person as a party to a bail plea or appeal. Section 439(1A) of CrPC states that the “presence of informant or any person authorised by him shall be obligatory...

[Pay & Recover] Insurance Company Not Absolved From Compensating Third Party If Driver Used Fake License At The Time Of Motor Accident: Gauhati HC

The Gauhati High Court has reiterated that mere possession of fake license by the driver at the time of accident does not absolve the liability of the insurance company to pay compensation to the third party.Justice Arun Dev Choudhury relied on Ram Chandra Singh v. Rajaram and Ors. 2018 8 SCC 799 and Shamanna v. The Oriental Insurance Company Limited and Ors. 2018 9 SCC 650 in which...

IBC Cases Weekly Round-Up: 23 January TO 29 JANUARY 2023

NCLATNo Condonation Beyond 45 Days, IBC Overrides Limitation Act : NCLAT ChennaiCase Title: M/s. Platinum Rent A Car (India) Pvt. Ltd. v M/s. Quest Offices Limited Case No.: Comp App (AT) (CH) (Ins) No.448/2022 The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member),...