Accidental Killing Of Stray Dog On Road Does Not Amount To Mischief Under Section 429 IPC: Delhi Court Sets Aside Charge Against BMW Driver

A Delhi Court last week discharged a BMW driver of the charge under Section 429 IPC in a case related to the killing of a stray dog in a road accident in June 2019. Section 429: Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse,...

Reassessment Powers Could Not Be used For Reverification Or For A Rowing Inquiry: Gujarat High Court

The Gujarat High Court has held that the reassessment powers could not be exercised either for the purpose of reverification or to have a merry sailing for a rowing inquiry.The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has observed that the assessing officer wanted to undertake a fishing inquiry in relation to an issue about which he had already solicited information...

'Land Acquisition, Rehabilitation & Resettlement Authority' Not A Civil Court For The Purpose Of S. 24(1)(a) CPC: Allahabad HC

The Allahabad High Court has observed that Land Acquisition, Rehabilitation, and Resettlement Authority (LARRA) is not a civil court subordinate to the High Court within the meaning of Section 24(1)(a) of the Code of Civil Procedure, 1908 and therefore, a case pending before it can't be transferred to any other court by the HC.For context, LARRA is an "Authority" established by the...

Amazon - Future Group Arbitration- Delhi High Court Dismisses Future's Application Being Interlocutory

The Delhi High Court has dismissed the petition filed by Future Coupons Pvt. Ltd., challenging the order passed by the Arbitral Tribunal allowing Amazon's application for amendment of Claims, seeking repudiatory damages for breach of Agreements executed with Future Coupons. The Court ruled that the said order was interlocutory in nature, and thus, it is not amenable to challenge...

Madras HC Illustrates Parameters To Determine What Is 'Urgent Interim Relief' To Avoid Pre-Institution Mediation U/S 12A Commercial Courts Act

The Madras High Court recently observed that when a suit does not have an "urgent interim relief" it will be hit by Section 12A of the Commercial Courts Act which bars any commercial suit wherein pre- institution mediation was not carried out.Justice M Sundar said that 'interim' relief and 'urgent interim' relief are distinct and one cannot escape pre-litigation mediation unless a case for...

Count Ad Hoc Period In Granting Pensionary Benefits To Employee With 17 Yrs Of Regular Service Record: Allahabad HC To UP Govt

The Allahabad High Court has directed the State Government to count the period of ad-hoc service rendered to grant pensionary benefits to an employee who retired in 2013 with a regular service record of over 17 years.With this, the bench of Justice Rajiv Joshi quashed an order of the District Inspector of Schools, Firozabad whereby the period of ad hoc service rendered by an Assistant...

Delhi High Court Seeks Centre's Stand On Elderly Couple's Plea For Release Of Deceased Son's Sperm Sample

The Delhi High Court on Wednesday sought Centre's response in a plea moved by an elderly couple for release of the frozen semen sample of their unmarried son, who died due to cancer in September 2020. Justice Yashwant Varma impleaded Central Government as a party in a pending plea moved by the deceased's parents last year seeking direction for handover of their son's frozen semen sample to...

How Can A Single Mother, Who Is Indisputably An OBC, Be Denied Certificate For Her Children: Delhi High Court, Calls Policy Discriminatory

The Delhi High Court on Wednesday observed that the denial of caste certificate to the children of single mothers, belonging to other backward class (OBC), appears to be "patently" arbitrary and discriminatory.Justice Yashwant Varma made the prima facie observation while dealing with a plea moved by a single mother seeking directions for issuance of OBC certificate to her two children on...

Karnataka HC Directs Bank To Recover Excess Payment From Employees Who Failed To Act On Honest Pensioner's Representations For Years

The Karnataka High Court has restrained the Canara Bank from recovering the excess amount paid to a senior citizen in the family pension account and has asked the bank to recover the same from its officers who are responsible for not acting on the pensioner's representations for years.The pensioner had, on several occasions starting from the year 2016, requested the bank to deduct the...

Kerala Govt Moves High Court Against Dismissal Of Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Rash Driving Case

The State Government has approached the Kerala High Court against the Additional Sessions Court I, Trivandrum order dismissing the culpable homicide charges against IAS Officer Sriram Venkitaraman and his friend, Wafa Firoz, in the alleged drunk driving case related to the death of journalist K.M. Basheer in 2019. The Sessions Court, while dropping the charges under Section 304 which...

Allegations In 2018 And 2020 Cases Different; Mere ECIR Registration Doesn't Make A Person An Accused: ED To Delhi HC on DK Shivakumar's Plea

The Enforcement Directorate has opposed before the Delhi High Court a plea moved by Karnataka Congress Chief D.K. Shivakumar challenging the investigation initiated by the probe agency against him in a money laundering case.Seeking dismissal of the plea, ED in its counter affidavit has said that the plea is premature and that no fundamental rights of the Congress leader have been violated...

"Speaks Volume About The Administration": Allahabad HC Raps Authorities For Allegedly Demolishing Lawyer's House Sans Notice

The Allahabad High Court on Tuesday took exception to the alleged act of authorities to demolish the house of a lawyer without issuing a notice to him. The Court also questioned the unnecessary and undue haste of the authorities in canceling the exchange order pertaining to the property (over which the house was built) passed in favor of the lawyer.Directing the parties to maintain the status...