In the case of Heera Singh Pangtey and ors. vs. State of Uttarakhand and ors. the Hon’ble Uttarakhand HC has dismissed the writ petition challenging the notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which proposed to acquire lands near the line o..
The Hon’ble High Court of Madhya Pradesh, in the case of Pawan Kumar Jain V. State Of Madhya Pradesh & Ors. has adjudicated that an order by the competent authorities to refuse the renewal of Arms license in lieu of registration of criminal case is erroneous and invalid under the Arms Act, 1959. The present w..
Nominee Director Not Responsible For Routine Affairs Can’t Be Charged U/S 138 Of Negotiable Instrument Act, 1881 : Allahabad HC The Hon’ble High Court, in the case of Jatinder Pal Singh v. M/S Statcon Power Controls Ltd. & Ors has held that a nominee director, not involved in day-to-day affairs of the ..
The Hon’ble High Court of Kerala has observed, in the case of Krishna Moorthy Rao & Anr. V. S.Bhanumathi @ Lakshmi & Anr that a minor who filed a suit without appointing a next friend as laid down under Order 32 Rule 2 of C.P.C, can restore the defect by appointing a next friend, seeking such prayer by filing a separate petition for the same an..
The Hon’ble High Court, in the case of Jatinder Pal Singh v. M/S Statcon Power Controls Ltd. & Ors has held that a nominee director, not involved in day-to-day affairs of the company, can’t be held liable for any offence committed by the company. The High Court evoked its inherent powers to prevent any ..
KEY TAKE-AWAYS Section 68 to 72 of the Indian Contracts ACT, 1872 Deals with ‘Quasi-contracts’. ‘Quasi Contracts’ are solely based on the conduct/relation of the concerned parties and are reliant on the possibility that one would unjustly benefit over the..
In Mandeep Kumar And Ors. v. UT Chandigarh And Ors., 2022, Justices Indira Banerjee and JK Maheshwari refused to meddle with the ruling of the Punjab and Haryana HC regarding the interchangeability/de-reservation. In this instance, after some applicants threatened to commit suicide in protest, a PIL was filed against t..
74th Constitutional Amendment Does Not Restrict State’s Power To Legislate In Matters Of Local Bodies: SC The Hon’ble SC has observed, in the case of State of Rajasthan vs. Ashok Khatoliya that the Constitution (Seventy-Fourth Amendment) Act, 1992 does not take away the State’s power to legislate in ..
In YYY v. Union of India (2022), Justice P.V. Kunhikrishnan of Kerala HC granted the victim's mother's request stating that it was a shame that the victim's father was the alleged perpetrator. She added that the accused shall not be allowed to get away from the clutches of the Indian legal system and shall be penalized in accordance with the law...
The Hon’ble SC has observed, in the case of State of Rajasthan vs. Ashok Khatoliya that the Constitution (Seventy-Fourth Amendment) Act, 1992 does not take away the State’s power to legislate in matters pertaining to local government. In the instant case, the Rajasthan HC set aside a notification issued by ..
KEY TAKEAWAYS When it comes to abortion, a hierarchy of rights is present before us which clearly depicts that mother’s rights are given more importance as compared to father’s. In India, there are provisions regarding the father’s rights in abortion however, t..
Rajiv Gandhi Assasination Convict Perarivalan Released After 32 Years: Strong Opposition From Centre In a very significant development, in the case of AG Perarivalan vs State of Tamil Nadu the Hon’ble SC has granted bail to the Rajiv Gandhi assasination case convict Perarivalan, who has moved the Apex Court seek..
In Mohisin Salimbhai Quereshi V. State Of Gujrat, 2022, under the Central Goods and Services Act of 2017, Justice Gita Gopi granted bail to an accused after observing that in deciding bail applications, the Court should undoubtedly take the delay in concluding the trial into account. In this instance, the applicant was..
In Kalla @ Vidyaram Vs. State of MP (2022), Justice Anand Pathak overruled the Madhya Pradesh High Court's imposed condition for obtaining bail, which required a Bail Applicant to plant five seedlings of any 'fruit yielding tree' or 'Neem/Pipal tree,' by stating that the bail request was granted solely on the merits of the case and not in..
KEY TAKEAWAYS The purpose of criminal law is to defend and protect the interests of society among other things. However, there may be some instances where irregularities have been committed which may be curable irregularity or incurable a href="https://www.lawyersclubindia.com/news/irregularity-in-order-taking-cogniz..
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