High Court Seeks Delhi Police's Stand On Implementation Of NGT Order Banning Sale Of 'Chinese Manjha' For Kite Flying

The Delhi High Court on Thursday sought the stand of Delhi Police on implementation of the order passed by the National Green Tribunal (NGT) banning sale of Chinese synthetic manjha used in flying kites. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a PIL filed by Advocate Sanser Pal Singh seeking a complete ban on flying of kites...

Arbitration Clause In The Annexure To The Agreement Would Be Binding On The Parties: Delhi High Court

The High Court of Delhi has held that an arbitration clause contained in the annexure to the main agreement would be binding on the parties to that agreement. The Bench of Justice Neena Bansal Krishna held that in view of Section 11(6-A) the justiciability of claims and the defences can only be determined through adjudication by the arbitrator. Facts The petitioner filed...

Judicial Review Of State Policy "Very Narrow": Sikkim HC Rejects Challenge To Removal Of SC/ST/OBC Age Relaxation For Post Of Fisheries Block Officer

The Sikkim High Court recently dismissed a petition challenging the Sikkim State Subordinate Fisheries Service (Amendment) Rules, 2019 which did away with the age relaxation given to the ST, SC, MBC and OBC candidates by the Fisheries Rules, 2008. Justice Bhaskar Raj Pradhan observed that it is open for the government while framing rules under the proviso to Article 309 of the...

Homebuyers Can't Be Defrauded ; NCLT Delhi Initiates CIRP Against Som Resorts

The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Shri. Dharminder Singh (Judicial Member) and Dr. Binod Kumar Sinha (Technical Member), while adjudicating a petition filed in Yadubir Singh Sajwan & Ors. v Som Resorts Private Limited, has held that under the guise of 'separate legal entity' doctrine, a developer company cannot be permitted to defraud...

Prosecution "Handicapped": Patna High Court Directs SPP/SP To Ensure Availability Of Case-Diaries With State Counsels For Effective Bail Hearings

The Patna High Court has directed the Senior Superintendent of Police and Superintendent of Police to ensure that case-diary/charge-sheets for each case are made available to the State counsel for effective representation of prosecution case before the Court during bail hearings. The issue arose when during disposal of a bail petition, the APP was "totally handicapped" to represent the case...

"Unfortunate That PIL Being Used For Blackmailing Citizens": Delhi High Court Imposes ₹10 Lakhs Cost On NGO Alleging Illegal Construction

The Delhi High Court has imposed a cost of Rs. 10 lakhs on an NGO alleging illegal and unauthorised construction in city's Neb Sarai area, observing that it was unfortunate that PIL forum was being used for blackmailing citizens. Observing that it was a blackmailing type of litigation, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed...

Koffee With Karan Remarks: Rajasthan Police To File "Closure Report" In Case Against Karan Johar, KL Rahul & Hardik Pandya

The Rajasthan government on Monday informed the High Court that the Police is set to file a closure report in a criminal case registered against Karan Johar and cricketers KL Rahul and Hardik Pandya over their remarks on the filmmaker's talk show- Koffee With Karan.Dr. Justice Pushpendra Singh Bhati was hearing their petitions for quashing of FIRs when the Public Prosecutor informed that...

'Can't Remove Officials On Mere Change Of Govt Without Any Reason' : Bombay High Court Seeks Reasons For Removal Of MVA Appointments

The Bombay High Court on Wednesday remarked that even if appointments and removal of members of various statutory boards, commissions and committees are at political will, there must be some reason given. "I have taken a view [in the past] that even if appointment and removal is on the pleasure of the government, there must be some reason specified. We will not go into whether...

Allahabad High Court Monthly Digest: July 2022 [Citations 307 - 348]

NOMINAL INDEXAnwar Ali v. State Of UP And Another 2022 LiveLaw (AB) 307 Zamanat Abbas v. Union Of India Thru. Secy. Ministry Of Home And Others 2022 LiveLaw (AB) 308 Atul Kumar Singh Alias Atul Rai S/O Shri Bharat Singh v. State Of U.P. Thru. Prin. Secy. Home 2022 LiveLaw (AB) 309 Parvez Ahmad And 3 Others v. State of U.P. and Another 2022 LiveLaw (AB) 310 Amita Garg And 6 Others...

Expect Clear Policy For Transgender Persons In Police Department Within Six Months: MAT To Maharashtra Government

The Maharashtra Administrative Tribunal has asked the State Government to take a policy decision for the post of "other genders" like transgenders, in the state police force within six months. A bench of MAT Chairperson Justice (retd) Mridula Bhatkar and Member Medha Gadgil, while adjourning the case for November 3, 2022, directed the State's General Administration Department and...

Jammu & Kashmir & Ladakh High Court Monthly Digest: July 2022 [Citations 52 – 85]

Nominal Index: Shabir Ahmad Yatoo. Vs. UT of J&K and Ors. 2022 LiveLaw (JKL) 52 Anita Mehta VS Gulkand Hues Private Ltd., & another 2022 LiveLaw (JKL) 53 UT of J&K and others VS Mohammad Latief Magrey & another 2022 LiveLaw (JKL) 54 Taja Begum & Ors Vs UT of J&k 2022 LiveLaw (JKL) 55 Sunny Gupta v Union Territory of J&K and ors 2022 LiveLaw...

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC (cruelty), does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. Justice A. Badharudeen emphasised that Sections 498A (cruelty) and 306 IPC (abetment to suicide) are independent and constitute different offences."Merely because...