Showing 8311 articles
National Security Act, Period Of Detention In Confirmatory Order Can't Be Extended By Review, Fresh Orders Needed For Further Detention: Allahabad High Court
In a significant development, the Allahabad High Court has issued an order in Habeas Corpus Writ Petition No. 657 of 2023, quashing the detention of Mohd. Asim, also known as Pappu Smart, and directing his immediate release. The order, dated 7th February 2024, was passed by Hon'ble Justices Anish Kumar Gupta and…
Compliance Of Section 21 Of Arbitration & Conciliation Act, 1996 Is Mandatory: Arbitration Proceedings Quashed by Allahabad High Court
In a recent development, the Allahabad High Court, in a writ petition bearing Case No. WRIT - C No. - 41115 of 2023, has quashed the arbitration proceedings initiated by Shivalik Small Finance Bank Ltd. against M/S Samyam Industries and four others. The Hon'ble Mrs. Manju Rani Chauhan, J., delivered the order on…
Maintenance Dispute: Supreme Court Surprised At State Opposing Maintenance Plea Of Wife By Siding With Husband
In a significant development, the Supreme Court of India, in Criminal Appeal No(s). 824 of 2024 and 825 of 2024, addressed the dispute over maintenance payments in the case of Asiya Khan & Anr. vs. State of Uttar Pradesh & Anr. The matter was brought before the Criminal Appellate Jurisdiction, and the court granted…
Hindu Succession Act invoked as Bengaluru Court decrees Property Partition: Self-Acquired Properties Treated as Joint Family Property
In a recent judgment by the Karnataka High Court, Justice Krishna S. Dixit ruled on a property partition case under the Hindu Succession Act, invoking crucial sections and addressing the intricacies of the case. Background: The case, originally filed as RFA No. 491 of 2016, involved a dispute over the partition of…
Supreme Court Quashes FIR in Timber Dispute, Emphasizes Distinction Between Civil and Criminal Matters
In a recent order by the Supreme Court of India, the apex court has quashed a First Information Report (FIR) related to a timber dispute, highlighting the crucial distinction between civil and criminal matters. The case involves Lalit Chaturvedi & Others as appellants and the State of Uttar Pradesh & Another as…
Ensure Advocates Representing State Aren't Forced To Approach Courts To Recover Fees : Supreme Court To Uttar Pradesh Govt
New Delhi, February 12, 2024: In a landmark ruling, the Supreme Court of India has directed the State of Uttar Pradesh to establish a mechanism ensuring the prompt payment of fees to lawyers representing the government. The case, titled The State of Uttar Pradesh & Ors. vs. Gopal K. Verma, centers around the timely…
Court Reserves Judgment on Case Against Jitendra Tyagi Over Remarks in "Ram Ki Janmabhoomi" Film: Allahabad High Court
In a significant development, the Allahabad High Court, Lucknow Bench, has exercised its extraordinary powers under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash the entire proceeding of Criminal Case No.4539 of 2023, State Vs Waseem Rizvi. The case arose from Case Crime No.0040 of 2019, filed at…
Poor Labourers Struggle for Justice, Delhi High Court Laments Sorry State of Affairs in Constitutional Courts
In a significant ruling, the Delhi High Court, in a case pertaining to the Industrial Disputes Act, 1947, delivered a detailed judgment on February 1, 2024, shedding light on the classification of hospitals as industries, the authority of state governments in referring disputes for adjudication, and the critical issue…
Unsuccessful Conciliation Can't Be Converted Into Arbitration Without Prior Termination Declaration: Telangana High Court
In a recent legal development, the Honorable Smt. Justice T. Madhavi Devi set aside an arbitral award under the Micro, Small, and Medium Enterprises Development (MSMED) Act, 2006. The case in question, titled W.P.No. 1603 of 2023, revolved around a dispute between a petitioner, ABC Enterprises Pvt. Ltd., and an…
Magistrate's Power Affirmed, S. 23(2) of Senior Citizens Act Allows Eviction for Well-Being: Punjab & Haryana High Court
In a significant ruling, the Punjab and Haryana High Court affirmed the authority of Magistrates to order eviction under Section 23(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The decision came in response to a case filed by Mr. Naresh Kumar, a 72-year-old retired Indian Air Force…