Provisions Under O VII R11 CPC Not Exhaustive; Frivolous Or Vexatious Litigation Not Allowed To Consume Time Of Court: Madhya Pradesh High Court

The High Court of Madhya Pradesh recently held that the provisions under OVII R11 CPC are not exhaustive and that the courts have the inherent power to see that frivolous or vexatious litigation is not allowed to consume their time. The Court further observed that a second application under OVII R11 CPC is maintainable and is not hit by the principles of res judicata. The bench comprising...

Writ Jurisdiction Can Be Exercised Only When Either The Person Or Authority To Which Writ Issued, Or Cause Of Action Is Within Its Territory: Delhi HC

The Delhi High Court has observed that it can exercise its power under Article 226 of the Constitution of India either when the person or authority to which the writ is to be issued is located within its territory, or the cause of action, in part or whole, arises within its territory. Thus, Justice Chandra Dhari Singh dismissed the plea of H.S. Rai, an aggrieved employee of Projects...

Rajasthan High Court Monthly Digest: August 2022

Nominal Index Himachal Futuristic Communications Limited v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 211 Karan Johar v. State, Through P.p. & Anr. with other connected matters 2022 LiveLaw (Raj) 212 Madhu Saini & Ors. v. Rajasthan University of Health Sciences & Ors. 2022 LiveLaw (Raj) 213 Jyotsana Rathore v. State of Rajasthan 2022 LiveLaw (Raj)...

S.284 CrPC | Court Must Prevent Miscarriage Of Justice While Examining Witness On Commission Incapable Of Attending Proceedings: Delhi HC

The Delhi High Court has observed that in cases involving question of examining a witness on Commission wherein such a witness is disabled or otherwise not in a position to attend Court, the Court has to exercise its power to examine the witness to see that no miscarriage of justice takes place. "The question of examining the witness on Commission arises in the case where such a witness...

JJ Act | "Heinous Offence" Is One Where Peremptorily Punishment Is Imprisonment Upto 7 Yrs Or More: Punjab & Haryana High Court

Punjab and Haryana High Court recently held that when the accused had, while committing the offence of lurking house trespass by night or house-breaking by night, also voluntarily caused or attempted to cause death, then the convicting Court can per-emptorily impose a sentence of life imprisonment, upon the juvenile in conflict with law.The bench comprising Justice Sureshwar Thakur further...

Delhi High Court To Summon DMRC Managing Director If Balance Arbitral Award Not Paid To DAMEPL Within Four Weeks

The Delhi High Court has directed Delhi Metro Rail Corporation (DMRC) to make balance payment in terms of a 2017 arbitral award to Reliance Infrastructure-promoted Delhi Airport Metro Express Pvt Ltd (DAMEPL) within a period of four weeks. A single judge bench comprising of Justice V Kameswar Rao made it clear that if the amount is not paid within the stipulated time, the Court shall...

Punjab & Haryana High Court Weekly Round Up: August 29 To September 5, 2022

Nominal IndexSanju v. State of Punjab 2022 LiveLaw (PH) 236Amit Kumar (Deceased) through his LR's mother Smt. Sushila Devi v. State of Haryana and another 2022 LiveLaw (PH) 237Kiran Kaur Versus State of Punjab 2022 LiveLaw (PH) 238Shri Ram v. State of Punjab 2022 LiveLaw (PH) 239Sukhpal Singh Khaira v. State of Punjab and Another 2022 LiveLaw (PH) 240Raman Kumar v. State of Haryana and...

Gujarat High Court Monthly Digest: August 2022 [Citations 301 - 362]

Nominal Index Kamleshkumar Mohanji Methana V/S State Of Gujarat 2022 LiveLaw (Guj) 301 Gulamkadar Kasambhai Shaikh V/S The State Of Gujarat Thru The Principal Secretary 2022 LiveLaw (Guj) 302 State Of Gujarat & 2 Other(s) v. Ravindra S. Shukla & 22 Other(s) 2022 LiveLaw (Guj) 303 Pritiben Chhaganlal Kanjariaya V/S State Of Gujarat & 4 other(s) 2022 LiveLaw...

Manjha Row | Person Flying Kites Can't Modify Thread To Sharpen It With Metallic Or Glass Components: Delhi High Court

The Delhi High Court has observed that a person engaged in kite flying cannot modify the kite flying thread to sharpen it by using sharp metallic or glass components and adhesives for the purposes of sparring with fellow sports persons.A division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan noted the clarification made by the Delhi Government in respect of its...

Can't Permit Accused Reexamination By Police On Its Own Merely By Registration Of Another FIR Regarding Same Occurrence: Madras HC

The Madras High Court recently observed that once FIR has been registered against a person, his/her re-examination by the investigation agency on its own should not be permitted merely by registering another FIR with regard to the same occurrence."If such protection is not given to a suspect, then possibility of abuse of investigating powers by the police cannot be ruled out. It would result...

BJP Functionary Booked For Sharing Controversial Tweet Moves Madras High Court Seeking Return Of Phone Seized During Investigation

The Madras High Court on Wednesday directed the Central Crime Branch to respond to a plea filed by BJP State Executive Committee member Sowdha Mani for the return of her iPhone which was seized during the investigation following objectionable retweets. The Crime Branch informed the bench of Justice P Velmurugan that the phone had been sent to the forensic experts for...

Delhi Riots: Prosecution Concludes Arguments In Umar Khalid's Bail Appeal Before High Court, Says Trial Court Dealt With Every Aspect

The Delhi Police on Wednesday concluded its submissions in the bail plea filed by former JNU student Umar Khalid in the larger conspiracy case concerning the 2020 riots. Opposing the grant of bail, Special Public Prosecutor Amit Prasad argued in support of the trial court order denying bail to Umar Khalid before a special bench comprising of Justice Siddharth Mridul and Justice Rajnish...