Give Two Separate Dates For Publication Of Proclamation U/S 82 CrPC & For Appearance Of Accused 30 Days Thereafter: P&H High Court To Magistrates

In an attempt to prevent violation of Section 82 of the CrPC dealing with issuance of ‘proclamations,’ the Punjab and Haryana High Court has advised the Courts of Judicial Magistrates to give two separate dates in the proclamation; the first within 15-20 days to ensure publication of proclamation and the second after 30 days to ensure appearance of the accused. A single bench...

Madras High Court Monthly Digest - December 2022 [Citations 488 to 525]

Citations: 2022 LiveLaw (Mad) 488 To 2022 LiveLaw (Mad) 525NOMINAL INDEXLatha Educational Society Kaniyamoor v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 488Yuvraj and others v State, 2022 LiveLaw (Mad) 489L Muruganandam v The State and others, 2022 LiveLaw (Mad) 490Edappadi K Palanisamy v Arappor Iyakkam and others, 2022 LiveLaw (Mad) 491U Akbar Ali v The State of Tamil Nadu and...

Delhi High Court Orders Status Quo On DUSIB’s Demolition Action Against Shops In Khanpur Market

The Delhi High Court has ordered status quo on Delhi Urban Shelter Improvement Board (DUSIB)'s decision to demolish about 34 shops in possession of members of Khanpur Market Association. A vacation bench of Justice Amit Mahajan issued notice on the plea moved by Khanpur Market Association challenging an order passed by DUSIB on December 27, 2022 directing that belongings from the shops...

12 Years After Arrest, J&K&L High Court Grants Bail To Constable Accused Of Murdering Wife; Says Police Prolonging Trial

Observing that a long period of incarceration of an accused without any hope of conclusion of trial leads to a meltdown of the the rigour of 1st Proviso to Section 437 CrPC, the Jammu & Kashmir and Ladakh High Court recently granted bail to a man accused of murdering his wife.Justice Sanjay Dhar said the accused has "carved out a case for grant of bail" on account of his long...

Arbitrary Cancellation Of Allotment: NCDRC Directs E-Homes Infrastructure To Return The Amount Deposited

The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the Presiding Member and Dr. Inder Jit Singh as a member directed the E- Homes Infrastructure to pay entire amount deposited by the complainants including Rs. 4,10,000/- incurred for purchasing stamp papers and the amount advanced by ICICI Bank along with an interest of 9% p.a. from the...

"His Intention Is To Harass Wife": Calcutta High Court Dismisses Husband's Plea To Transfer Maintenance Case Filed By Wife

The Calcutta High Court recently rejected the prayer of a man seeking to transfer Section 125 CrPC proceedings instituted by his wife before the Family Court at Burdwan seeking compensation from him. While doing so, the bench of Justice Shampa Dutt (Paul) observed that the prayer of the husband that the case may be transferred to any Court of law except Burdwan court demonstrated that...

MP Rajan Vichare Moves Bombay High Court For Restoration Of Security, Accuses Shinde-Led Govt Of Intimidating Thackeray Faction Leaders

Member of Parliament Rajan Vichare from Uddhav Balasaheb Thackeray (UBT) Shiv Sena camp has approached the Bombay High Court against Maharashtra Chief Minister Eknath Shinde, Dy CM Devendra Fadnavis and others regarding the decision to reduce his security to just one constable. The plea states that while CM Shinde-led government is providing double police security to the Private...

High Court Directs Delhi Govt To Ensure Free Food, Medical Treatment To Below Poverty Line HIV+ Persons

The Delhi High Court has directed the Delhi Government to ensure free food and medical treatment to HIV positive persons, who are below the poverty line and are unable to afford the same in the national capital.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also directed the Delhi government to ensure strict compliance of Human Immunodeficiency Virus...

When COC Approves A Resolution Plan, It Is Presumed To Be Viable And Feasible: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Shri Kanthi Narahari (Judicial Member) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Rajesh Kumar & Ors. v Rabindra Kumar Mintri & Anr., has held that when the Committee of Creditors (CoC) approves a Resolution Plan in...

Delhi High Court Seeks Centre’s Response On Augmenting Number Of DRTs In National Capital

The Delhi High Court has sought response of the Central Government on augmentation of number of Debt Recovery Tribunals (DRTs) to deal with large pendency of cases and the facilities for efficient conduct of proceedings.A division bench of Justice Najmi Waziri and Justice Gaurang Kanth asked the Secretary of Ministry of Finance, Department of Financial Services to look into the matter...

Benefit Of Doubt Regarding Correctness Of Answer Key Goes In Favour Of Exam Authority & Not Candidate: Allahabad High Court

Noting that there is always a presumption about the correctness of an exam answer key, the Allahabad High Court recently observed that in the event of doubt over the correctness of an answer key, the benefit should go to the examination authority rather than to the candidate.With this, the bench of Justice J. J. Munir dismissed a writ plea of one Gyan Prakash Singh challenging his...

Tax Cases Monthly Round-Up: December 2022

Indirect Taxes Supreme Court Small Tax Effect: Monetary Limit To Prefer An Appeal Before The Supreme Court Is Rs. 2 crores: Supreme Court Case Title: CIT Versus Swapnil Finance Pvt. Ltd. The Supreme Court disposed of the appeal on the ground of low tax effects. The division bench of Justice M.R. Shah and Justice Sudhanshu Dhulia observed that the monetary limit to file an...