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'Shows Lack Of Confidence In Own Order': Supreme Court Deprecates Passing Of Orders With Caveat To Not Consider As Precedent

Share This - x The Supreme Court on Tuesday deprecated the practice of passing orders suffixed with the caveat that the said order is not to be treated as a precedent on the ground of parity, especially in criminal matters. The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing a string of SLPs seeking cancellation of bail granted by separate orders of coordinate benches of the Gujarat High Court to 6 co-accused in a case of murder of 5 persons. The accused-respondents have been g...
Justice Shah Justice Chandrachud Supreme Court Apex Court Gujarat Police Gujarat High Court
Source: livelaw.in

High Courts Weekly Roundup [April 5, 2021 – April 11, 2021]

High Courts Weekly Roundup [April 5, 2021 – April 11, 2021] Share This - 1. A Single Bench of Justice Ajay Bhanot laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate for the purpose of selection. It elucidated the type of materials that may be considered by such authority, the standard of proof, and other aggravating/ mitigating factors for the purpose. The Bench also made it clear that such inquiry is differen...
Uttar Pradesh West Bengal Tamil Nadu Madhya Pradesh State Of Karnataka Himachal Pradesh
Source: livelaw.in

Arbitration- Tribunals Should Decide Objections On Its Jurisdiction As Preliminary Issue; High Courts Have Limited Power To Interfere In Proceedings :Delhi HC

Share This - x The Delhi High Court recently made significant observations with regard to the power of an Arbitral Tribunal to rule on its own jurisdiction and the manner of deciding the same. A Single Bench of Justice Prathiba M. Singh also addressed the issue of jurisdiction of High Courts over arbitral tribunals and the scope of such interference. Law governing applications under Section 16 of the Arbitration & Conciliation Act, 1996 and manner of consideration by arbitral tribunals....
Nirmal Prasad Justice Prathibam Singh Arjun Garg Justice Singh Arun Kumar Bhalothia Smita Maan
Source: livelaw.in

2021 Amendments To Medical Termination Of Pregnancy Act Increasing Upper Limit For Legal Abortions Are Of 'Enormous Significance': Delhi High Court

Share This - x The Delhi High Court on Tuesday observed that the changes brought by the recently notified Medical Termination of Pregnancy (Amendment) Act, 2021 are of enormous significance and are in line with the decisions of the Supreme Court and various High Courts wherein termination of pregnancy was permitted beyond the 24 weeks period in case of serious foetal abnormalities. The observation was made by a Single Bench of Justice Prathiba M. Singh while considering the case of on...
Priyanka Shukla Sneha Mukherjee Justice Prathibam Singh Justice Singh Sharmishtha Chakraborty Anr Mahima Yadav
Source: livelaw.in

Participation In Political Campaign By Members Of Child Welfare Committee Not Misuse Of Power Under JJ Act: Chhattisgarh High Court

Share This - x The Chhattisgarh High Court has held that merely because a person, who is a member of a Child Welfare Committee, participates in an election campaign in favour of a candidate, does not mean that such person has indulged in "misuse of power" conferred under by the Juvenile Justice (Care & Protection of Children) Act, 2015. While setting aside an order for removal of the Petitioner from the post of Chairperson of Child Welfare Committee for allegedly participating in the cam...
Justice Goutam Bhaduri Child Welfare Committee Chairperson Of Child Welfare Committee Single Bench நீதி கௌதம் பதுரி குழந்தை நலன்புரி குழு
Source: livelaw.in

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Kerala High Court Refuses Stay Kerala Government Notification Banning Online Rummy For Stakes

Kerala High Court Refuses Stay On Kerala Government Notification Banning Online Rummy For Stakes Share This - x The Kerala High Court on Thursday, refused to interfere with a Kerala Government Notification banning online playing of rummy when played for stakes. Upon a challenge made by four gaming companies, a Single Bench of Justice N Nagaresh expressed his disinclination to interfere with the notification at this juncture an d instead listed the petition after the vacation. However, upon a...
State Of Andhra Pradesh Andhra Pradesh Tamil Nadu Justice Nagaresh Justicen Nagaresh Esanthosh Mathew
Source: livelaw.in

Determination Of Culprit Not Relevant For Granting Compensation; State Bound To Protect Lives Of Citizens: Patna High Court

Share This - x Holding that the State has a duty to protect the life of its citizens, the Patna High Court on Wednesday granted Rs. 10 lakh as compensation to the father of a 18 years old boy who died in October last year in the Munger Maa Durga Pooja firing incident. The order is significant as compensation has been granted pending investigation into the firing incident. A Single Bench of Justice Rajeev Ranjan Prasad observed that it is irrelevant, for the purpose of granting compensati...
Sakiri Vasu Nadim Seraj Amarnath Poddar Manas Prakash Shailendra Kumar Singh Shailesh Kumar
Source: livelaw.in

'Frequent & Causal Summoning Of High Officials By Court Cannot Be Appreciated': Supreme Court

Share This - " The frequent, causal and lackadaisical summoning of high officials by the Court cannot be appreciated," the Supreme Court observed on Wednesday in a SLP filed by the UP Government against a summoning order passed by the Allahabad High Court in a contempt case. The remarks were made by a Division Bench comprising of Justices Sanjay Kishan Kaul and Hemant Gupta on being informed that the High Court decided to proceed with the contempt petition and summoned the concerned Gov...
Sanjay Kishan Kaul Manoj Kumar Sharma Justice Chandra Dhari Singh Hemant Gupta Apex Court Top Court
Source: livelaw.in

'Right To Free Speech Not A License To Injure Religious Feelings': Allahabad HC Denies Pre-Arrest Bail To PFI Member Accused Of Spreading Propaganda Against Ayodhya Ram Temple

Share This - The proposed model of the Ram Janambhoomi temple in Ayodhya | Photo: ANI "A person who takes the risk of dissemination of blasphemous messages is not entitled to get the discretion of the Court exercised in his favour." The Lucknow Bench of the Allahabad High Court has denied the anticipatory bail plea of a man accused of trying to promote enmity between two religious communities by spreading propaganda about the foundation laying ceremony of the Ram Temple at Ayodhya. " The fu...
Uttar Pradesh Justice Chandra Dhari Singh Police Under Section High Court Single Bench Justice Chandra Dhari
Source: livelaw.in

Rajkot COVID Hospital Fire: Gujarat High Court Sets Aside Single Judge Order Restraining Inquiry Commission From Submitting Report

Share This - Gujarat High Court A Division Bench of the Gujarat High Court has set aside a Single Bench order restraining a State-appointed Inquiry Commission from pronouncing its report in the unfortunate Rajkot Hospital Fire incident, that consumed the lives of 8 Covid patients last year. The Bench comprised of Justice Bhargav D. Karia observed, " When an incident, as shocking as this takes place, it is in the interest of the public at large, that the truth is ascertained as early as...
Satyamev Jayate Justice Bhargav Justice Vikram Nath Ahmedabad Municipal Corporation Division Bench Supreme Court
Source: livelaw.in

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