Uncategorized Archives : Libertatem Magazine

Enforcement Directorate Can’t Appeal Under Section 26 of Prevention of Money Laundry Act, 2002: Calcutta High Court

In the case in point of an appeal issued by the learned tribunal for prevention of money laundering Act, 2002, the appeal is directed against a decision dated 1 January 2021 stating, through the assistant director of the office of the Department of Execution of Kolkata, alleged to have been maintained according to Article 26 of the Prevention of money laundering Act 2002.

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Harsh Asrani June 14, 2021 No Comments

Family Disharmony Leads to Litigation and Prosecution for Fraud and Misrepresentation Before Kerala High Court

Appellant is the mother of the respondents. Appellant alleges that two documents were caused to be executed in the names of her daughters (respondents) by perpetrating fraud and misrepresentation regarding the contents of the documents. According to the appellant, her daughters in cahoots with their husbands committed fraud and misrepresentation. And, therefore she approached the trial court with a suit by invoking the provisions under Order XXXIII of the Code for setting aside the two settlement deeds alleged to have been executed by her in the names of the respondents. Also as a consequential relief, sought a permanent prohibitory injunction decree.

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Divita Yadav May 14, 2021 No Comments

If the Court Had Been Informed of the Subsistence of the Injunction, The Court May Have Required the Parties To Have It Vacated Before Making a Positive Order: Madras High Court

A Petition was filed under Order 47 Rule (1) read with Section 114 of the Civil Procedure Code, to review the Order passed on 04.03.2021.

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Devanshi Desai May 3, 2021 No Comments

Andhra Pradesh High Court Says That Before Exhausting the Remedy Available Under Rule 35(A) Of the APMMC, The Writ Petition Cannot Be Filed Before the Court

A single-judge bench consisting of Honorable Justice Battu Devananda gave orders on the writ petition no. 9035 of 2021. The writ petition was filed against the demand notice no. 4352/Q/2009 issued by Respondent no. 3 (The deputy director of mines and geology) demanding to pay a sum of Rs. 83,12,130 towards the normal seigniorage fees, a penalty of Rs. 8,17,23,150, DMF of Rs. 24,93,639 and the merit of Rs. 1,66,243, for unauthorized excavation and transportation of road metal and building stone without obtaining the dispatch permits.

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Vrinda Katoch May 1, 2021 No Comments

The High Court of Jharkhand Clarifies Seeking Promotion Comes Under Fundamental Rights

Case: D.P. Sinha, Ramesh Jha, S.K Jha, Rajesh Mohan and R.C. Mishra vs Coal India Limited W.P. (S) No. 235 of 2020 Introduction The Jharkhand

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Suhani Bardia March 5, 2021 No Comments

Punjab & Haryana High Court Upheld Notification of Ministry of Home Affairs Directing Private Educational Institutions To Publish Balance Sheets To Stop Profiteering

Case: Independent Schools’ Association Chandigarh and others v. Union of India and others Excerpt The petitioners had filed this writ petition challenging the order of

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Akanksha Kumari February 25, 2021 No Comments

Arbitration Clause in Contract Does Not Bar the Writ Jurisdiction of High Court Under Article 226:Supreme Court

This case discussed whether the arbitration clause in a contract between the state instrumentality and a private developer bars the writ jurisdiction of the High Court under Article 226.

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Anika Sharma February 20, 2021 No Comments

Supreme Court: Slams Government With Fine of Rs.1 Lakh for Repeated Ignorance of Limitation Period

This case discussed the way the Central Government approached the Supreme Court without taking into consideration the statutory limitation.

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Anika Sharma February 9, 2021 No Comments

Andhra Pradesh High Court: Seized Vehicle Must be Produced before Magistrate within Three Days

Kuruva Giddaiah alias ……petitioner vs The State of Andhra Pradesh The Joint Collector The Station House Officer ……. respondents Excerpt A single-judge bench consisting of

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Pakhi Jain and Pancham Prabhune February 9, 2021 No Comments

The Court’s Extraordinary Power Under S/482 Cr.P.C., Should Not Be Exercised as an Instrument to Axe Down or Stifle a Legitimate Prosecution: Calcutta High Court

The Calcutta High Court on 27th January 2021, on the prayer of the petitioner under article 227 of the Constitution of India read with sections

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Umra Rehmani February 1, 2021 No Comments

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