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Others Judiciary

Shiv Dayal Singh & Anr Vs State Of UP And Anr (2021): Allahabad HC Allowed An Application Of Section 482 Cr.PC Of A Non-Compoundable Offense

 02 September 2021

In the present case, the applicant and the opposite parties were husband and wife. The opposite party filed a complaint against the applicant under section 498-A of IPC. During the pendency of the case, the parties settled their matter amicably. The ..

Posted in Others |   406 hits

Santosh S/O Hari Kadam And The State Of Karnataka (2021): Default Bail Cannot Be Sought Merely On Non-Filing Of Supplementary Chargesheet Within The Prescribed Time

 02 September 2021

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Posted in Others |   812 hits

CBI Vs M/S Bhushan Power And Steel Limited & Ors (2021): Magistrate Has The Power To Permit Officer Below Inspector’s Rank To Assist In Investigation

 31 August 2021

The following Judgement deals with the interpretation of Section 17 of the Prevention of Corruption Act, 1988, delving into the question of whether a person below the rank of Inspector can assist the main Investigating Officer in conducting an invest..

Posted in Others |   829 hits

Shiv Dayal Singh & Ors Vs The State Of UP & Anr: HC In Exercise Of Its Inherent Powers Can Quash Criminal Proceedings Or FIR And Section 320 Of IPC Does Not Limit That Power

 30 August 2021

In this case, Justice N.K. Johari quashed the FIR and set aside the criminal proceedings against the accused after the matter was settled by the parties, thereby establishing that inherent power of the High Court is not limited by Section 320 of the ..

Posted in Others |   752 hits

Pichra Warg Kalyan Mahasabha Haryana Vs State Of Haryana (2021): Economic Criterion Decided By The SC Cannot Be The Sole Basis For Identifying Creamy Layer

 30 August 2021

In the present case, the petitioner approached the Apex Court challenging the notification issued by the State Gov. of Haryana on August 17th, 2016, and August 28th, 2018 sub-classifying backward classes solely on an economic basis while fixing the c..

Posted in Others |   1710 hits

Dayawati Vs Yogesh Kumar Gosain: No Bar In Settling Dispute Based On Section 138, NI Act By Utilising Alternate Dispute Resolution

 28 August 2021

In this case, the respondent, in discharge of his liability, issued two cheques which were dishonoured under Section 138 of the NI Act. Both the parties expressed the intention to amicably settle their disputes and the matter was referred to mediatio..

Posted in Others |   12250 hits

Neeru Saxena Vs State & Ors: In The Event Of Default Or Non-Compliance Or Breach Of The Settlement Agreement By The Accused Person, The Magistrate Would Pass An Order U/S 431 Read With Section 421 Of The CrPC To Recover The Amount Agreed To Be Paid By The Accused

 28 August 2021

In the present case as per the mediation settlement, the petitioner failed to pay the settled amount. In case of any post-dated cheque that has been dishonoured, the settlement would become null and void. Thereby, the complainant’s case continued as ..

Posted in Others |   1781 hits

Mohd Farman Vs State Of Uttar Pradesh (2021): Article 25 Does Not Confer Absolute Rights And Has Inbuilt Restrictions, Therefore, Maintaining A Beard May Not Be Protected Under It

 28 August 2021

The petitioner filed two writ petitions before the Allahabad High Court challenging the Circular dated 26th October 2020. According to it, a member of the disciplined force is not allowed to maintain a beard, however, the petitioner had violated the ..

Posted in Others |   632 hits

Karansinh Chetansinh Vaghela Through Wife Vaghela Bhumikaba Karansinh Vs State Of Gujarat (2021): Preventive Detention Law Cannot Be Attracted By Solitary Offences

 28 August 2021

The appellant had been charged and detained under Gujarat’s preventive detention laws and on appeal, the single judge bench had confirmed the order of detention. The High Court with a higher bench was approached who not only held the order to be inva..

Posted in Others |   484 hits

SKS Power Generation (Chhattisgarh) Ltd Vs Canara Bank: No Interference By Courts In Unconditional Bank Guarantees Unless There Is Any Fraud Or Irretrievable Injustice

 28 August 2021

The following judgement clarified the extent to which the judiciary shall get involved in the process of invoking unconditional bank guarantees...

Posted in Others |   618 hits

M/S Afcons Infra Ltd & Anr Vs M/S Cherian Varkey Construction & Ors (2010): A Party To A Civil Suit Cannot Refer A Suit To Arbitration Without The Mutual Consent Of All The Parties U/S 89 Of CPC

 28 August 2021

In the present case, the appellant filed a revision petition against the order passed by the Trial Court under section 89 of CPC. The appellant filed a revision petition against the order before the High Court. The High court had dismissed the petiti..

Posted in Others |   8526 hits

Bhagwati Devi Gupta & Anr Vs Star Infratech Private Limited: Once A SC Bench Has Doubted The Correctness Of An Earlier Bench Of Equal Strength And Referred The Issue To A Larger Bench, The Lower Courts May Not Be Bound To Follow The Earlier Decision

 26 August 2021

In the instant case, the petitioner had filed a petition for an arbitrator to arbitrate on the dispute between the parties and a contention was raised by the respondent that the agreement between the parties was inadequately stamped...

Posted in Others |   814 hits

Tripower Enterprises Pvt Ltd Vs The SBI: Banks Are Under Obligation To Handover Title Deed To The Auction Purchaser To Complete The Sale

 26 August 2021

In the following case, the appellant, being the highest bidder of a public auction, was not provided with the original documents of the property. The question was can such title deed be withheld from him if it is subject to dispute in the Debt Recove..

Posted in Others |   1978 hits

Siddharth Vs State Of UP (2021): The Word Custody In S.170 Of The CrPC Does Not Mean Police Or Judicial Custody, But Is The Presentation Of The Accused By The Investigating Officer Before The Court While Filing The Chargesheet

 25 August 2021

The Appellant, in this case, has challenged the High Court’s order that rejected his anticipatory bail application...

Posted in Others 2 comments |   8621 hits

Rishi Mohan Srivastava Vs State Of UP & Another: HC Can Nullify An Order Of Conviction Even After The Revisional Stage On The Basis Of Settlement Between Parties

 24 August 2021

The applicant in the instant case prayed to invoke the jurisdiction of High Court under Section 482 of the CrPC as he was previously convicted by lower courts and his revision petition was dismissed by the same court before but the court accepted his..

Posted in Others |   1149 hits

Yeshpal Vs Sri Syam J Sam: Parties Must Be Provided With A Reasonable Time Limit To Fulfil Their Terms Of The Agreement As Per The Mediation

 24 August 2021

The Court held that mediation is an Alternative Disputes Resolution process provided under Section 89 of the Code of Civil Procedure. The parties must be provided with reasonable time to fulfil their duties as per the agreement made in the mediation ..

Posted in Others |   1021 hits

Re: In The Matter Of Matrimonial Vs State Of UP & Others: Benefit Cannot Be Deprived By Trying To Bring Mediation Between The Parties In An Offence U/S 498-A IPC

 24 August 2021

In the instant case, a pro bono litigation was being taken up to ensure that wherever allegations are not very grave, to save families and children and indeed the institution of marriage, an effort is to be first made for reconciling matrimonial disp..

Posted in Others |   853 hits

Hemraj Ratnakar Salian Vs HDFC Bank Ltd & Ors: In Absence Of Registered Instrument, The Tenant Shall Not Be Entitled To Possession Beyond The Prescribed Period Under The Provisions Of The Transfer Of Property Act

 24 August 2021

A tenant who continues to occupy a property even after the expiry of the lease is called ‘tenancy at sufferance.’ This judgement decided whether such a tenant is entitled to seek protection against the proceedings under the SARFAESI Act...

Posted in Others |   1488 hits

Applicants Vs Sole Respondent (2021): Merely Performing A Second Marriage Cannot Amount To Domestic Violence U/S 3 Of The Domestic Violence Act

 24 August 2021

The Sole Respondent had filed a petition against the Applicant No. 1 under the Domestic Violence Act. The contentions raised therein were reportedly a repetition of the allegations that were put forth in an earlier proceeding, which was already heard..

Posted in Others |   591 hits

Jose Luis Quintanilla Sacristan Vs The State Of UP: Forensic Science Laboratory Report Need Not Be Proved By Calling Its Director As It Is A Public Document

 24 August 2021

In the following case, while disposing of the appeal by Jose Luis Quintanilla Sacristan, the Allahabad High Court held that forensic science laboratory reports need not be proved by calling its Director. The Court clarified the application of Section..

Posted in Others |   596 hits







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