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Articles for Mechanically

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC
1 month, 3 weeks ago

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

Live Law  

The Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. The Court was informed that while the bail application was filed by him …

Trial Court Bail Trial Court Application Case Fir
'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court
2 months, 1 week ago

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court

Live Law  

The Supreme Court on Friday reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. "Section 306 IPC appears to be casually and too readily resorted to by the police," the Court said.The Court stated that the provision reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. …

Supreme Court Court Suicide Section 306 306 Ipc Offence
Indian Stamp Act | Registering Authority Cannot Mechanically Refer Sale Deed To Collector, Prima Facie Finding On Undervaluation Needed : Supreme Court
2 months, 2 weeks ago

Indian Stamp Act | Registering Authority Cannot Mechanically Refer Sale Deed To Collector, Prima Facie Finding On Undervaluation Needed : Supreme Court

Live Law  

The Supreme Court recently observed that in case of undervaluation of property sale's price, the Registering Authority under the Indian Stamp Act, 1899 cannot mechanically make reference to the Collector for determination of the correct market value of the property. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the appeal filed against the Madras High Court's decision …

Supreme Court Determination Market Property Court Sale Indian
High Courts Guardians Of Fundamental Rights & Constitution, Must Not Mechanically Dismiss Writ Petitions Over Delays And Laches : Supreme Court
3 months, 1 week ago

High Courts Guardians Of Fundamental Rights & Constitution, Must Not Mechanically Dismiss Writ Petitions Over Delays And Laches : Supreme Court

Live Law  

In the case where Rs.5 lakhs honorarium was awarded to an 83-yr old ex-constable who saved lives by killing a dacoit in 1986, the Supreme Court recently held that High Courts in the country should not mechanically dismiss writ petitions seeking enforcement of fundamental rights on the ground of 'delay and laches', without considering all relevant factors.For context, the petitioner …

Supreme Court Constitution High Courts Court Fundamental Rights Writ Fundamental
NCLAT Rejects Section 7 Application Despite Clear Binding Precedent: Canara Bank vs. GTL
4 months, 3 weeks ago

NCLAT Rejects Section 7 Application Despite Clear Binding Precedent: Canara Bank vs. GTL

Live Law  

The NCLAT bench affirmed that a petition under section 7 of the IBC cannot be rejected merely on the ground that there are chances of the amount being recovered from other proceedings which will satisfy the entire debt of the creditors. The tribunal further observed that the ratio of the Vidharbha ruling cannot be applied mechanically without satisfying itself as …

Law NCLAT IBC Debt and Default New Delhi
Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court
7 months ago

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

Live Law  

Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically. Court's Observations: Reiterating that the supervisory jurisdiction under Article 227 is not to be used as a substitute for an appeal but rather as a corrective measure to …

Court Cpc Article 227 Legal Violations Grave Legal Justice Nargal
Ten cars turning 40 this year - but does reaching the milestone make them bona fide classics?
8 months ago

Ten cars turning 40 this year - but does reaching the milestone make them bona fide classics?

Daily Mail  

The Ferrari Testarossa turns 40 this year. Hagerty has only been tracking values of this generation of Continental since last year and says prices have largely remained static at just over £50,000 for a good example Under the elongated bonnet lid was Bentley's tried and tested 6.75-litre V8 petrol engine, providing effortless and smooth acceleration, making this the ideal cruiser …

Japan Cars Car Mercedes British Land Engine
When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
10 months, 3 weeks ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall …

Compensation Court Labour Theft Back Wages Case Award
Maharashtra Rent Control Act | Tenant Can't Be Mechanically Evicted Based On Municipality's Demolition Order; Immediacy Must Be Examined : Supreme Court
1 year, 1 month ago

Maharashtra Rent Control Act | Tenant Can't Be Mechanically Evicted Based On Municipality's Demolition Order; Immediacy Must Be Examined : Supreme Court

Live Law  

In a case under the Maharashtra Rent Control Act, 1999, the Supreme Court observed that the eviction of a tenant cannot be ordered merely based on a demolition notice issued by the Municipal body. The Court has to examine the "immediate urgency" of the need for demolition.The Court made this observation in the context of Section 16 of the Act …

Court Eviction Landlord Demolition Order Need Act
Arbitral Reference Can’t Be Made Mechanically Under Section 8, If Some Parties To Suit Are Non-Signatories To Arbitration Agreement: Bombay High Court
2 years, 2 months ago

Arbitral Reference Can’t Be Made Mechanically Under Section 8, If Some Parties To Suit Are Non-Signatories To Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that if the plaintiff seeks relief in a suit against parties, some of whom are not signatories to the arbitration agreement, the matter cannot be mechanically referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court took note that the Long Form Agreement, containing the arbitration clause, was signed …

Arbitration Court Bombay High Court Parties Agreement High Long
Summoning Accused In A Criminal Matter Is A Serious Business, Should Not Be Done Mechanically: J&K&L High Court
2 years, 6 months ago

Summoning Accused In A Criminal Matter Is A Serious Business, Should Not Be Done Mechanically: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that the summoning of an accused in a criminal matter is a serious business and the same has to be done only after de application of mind by the court concerned. Therefore, the order of summoning an accused in a criminal complaint should not be a mechanical exercise but such …

Court Civil Order Case Accused Magistrate Civil Nature
Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically: Gujarat High Court Reiterates
2 years, 7 months ago

Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court has reiterated that a Government employee is entitled to avail the benefits of medical facilities without any fetters, and that their claim for reimbursement should not be denied by the State mechanically.The Bench of Justice Biren Vaishnav extensively relied on the decision of a Coordinate Bench in Chanrakant Kantilal Dave v. State of Gujarat to order …

Medical Court Gujarat Medical Facilities Hospital State Employee
Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
2 years, 11 months ago

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

Live Law  

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …

High Court Court Delhi High Court Order High Cpc Rule
Delhi High Court Issues Directions To Ensure That Custody Of An Undertrial Prisoner Is Not Extended Mechanically
3 years, 5 months ago

Delhi High Court Issues Directions To Ensure That Custody Of An Undertrial Prisoner Is Not Extended Mechanically

Live Law  

The Delhi High Court on Monday issued slew of directions to ensure that the custody of an undertrial is not extended mechanically in view of sec. and also to ensure that the rights of undertrial prisoners to seek default bail are not defeated despite legislative mandate and the principles of law.Justice Manoj Kumar Ohri also observed that the order of …

Delhi High Court Custody Right Sec Prisoner His Right Ensure
Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court
3 years, 8 months ago

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court

Live Law  

The Calcutta High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure.It observed that the Magistrate, while passing the impugned order, had merely mentioned that there are certain facts which can only be explained by the accused persons, and those facts are only within. …

Personal High Court Court Criminal Procedure Order Accused Facts
'Sanctioning Authority Must Apply Mind' : Bombay HC Quashes Sanction To Prosecute Order Issued 'Mechanically'
4 years, 1 month ago

'Sanctioning Authority Must Apply Mind' : Bombay HC Quashes Sanction To Prosecute Order Issued 'Mechanically'

Live Law  

The Bombay High Court has ruled that an order granting permission or sanction to prosecute an individual under the Prevention of Corruption Act must demonstrate that the Sanctioning Authority has applied his mind and not passed the order "mechanically". Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— no finding, sentence or order passed by a special Judge shall …

Court Order Prosecute Sanctioning Authority Sanction Justice
'Issued Mechanically': Karnataka High Court Directs Govt To Reconsider Circular Asking Disabled Employees To Report For Work
4 years, 2 months ago

'Issued Mechanically': Karnataka High Court Directs Govt To Reconsider Circular Asking Disabled Employees To Report For Work

Live Law  

The Karnataka High Court on Friday directed the state government to reconsider its circular dated January 5, by which it has directed 50 percent of officers/officials who are blind and employees with other disabilities working in the state government/quasi government officers etc to attend the office on alternate days. We direct the state government to make proper compliance of order …

Employees Duty Work Disabilities State Government Employees Dated
'Ten Times Penalty' Prescribed For Deficit Stamp Duty Cannot Be Mechanically Imposed: SC [Read Judgment]
4 years, 6 months ago

'Ten Times Penalty' Prescribed For Deficit Stamp Duty Cannot Be Mechanically Imposed: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the penalty of ten times prescribed under Section 40 of the Indian Stamp Act cannot be mechanically imposed.The reason such as fraud or deceit in order to deprive the or undue enrichment are relevant factors to arrive at a decision as to what should be the extent of penalty under Section 40, the bench …

Penalty Duty Case Discretion Bench Mr Shah Imposed
Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]
4 years, 6 months ago

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]

Live Law  

Public Information Officers who mechanically reject the RTI Applications should be shown the doors as they are unfit to hold the said post, said the Madras High Court recently.Justice S. Vaidyanathan observed thus while dismissing a writ petition filed by Tamil Nadu Public Service Commission which sought to quash an order passed by Tamil Nadu Information Commission directing it to …

Court Information Tamil Commission Public Act Rti
Guj HC Orders Removal Of Police Protection Granted Mechanically For Fencing Disputed Land [Read Judgment]
5 years, 11 months ago

Guj HC Orders Removal Of Police Protection Granted Mechanically For Fencing Disputed Land [Read Judgment]

Live Law  

The Gujarat High Court has ordered the removal of police protection granted mechanically to a person only for enabling him to fence the land which was subject of civil litigation and in respect of which a district court had ordered status quo. The court said so as it allowed the prayer made by one Daljibhai Bhagwanbhai Chaudhary urging the court …

Protection Court Civil Land Civil Litigation Status Respondent
Details Of Marks In Civil Service Examination Can’t Be Disclosed Mechanically Under RTI [Read Order]
7 years, 1 month ago

Details Of Marks In Civil Service Examination Can’t Be Disclosed Mechanically Under RTI [Read Order]

Live Law  

If a case is made out where the court finds that public interest requires furnishing of information, the court is certainly entitled to so require in a given fact situation. The Supreme Court, in, while setting aside a high court judgment has observed that information sought with regard to details of marks in Civil Services Exam cannot be directed to …

Civil Service Court Information Public Interest Interest Marks High
No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]
7 years, 1 month ago

No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]

Live Law  

Since 2011, there is not material against the petitioner to keep him under surveillance, the bench observed.No intervention with the right of privacy of an Indian citizen can be permitted so mechanically, Allahabad High Court has observed while ordering the police to discontinue surveillance of a man, who was kept under surveillance since 2011.Bablu Shah, since 2011, was kept under. …

Surveillance Indian Intervention Observed 2011 No Intervention
No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]
7 years, 1 month ago

No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]

Live Law  

Since 2011, there is not material against the petitioner to keep him under surveillance, the bench observed.No intervention with the right of privacy of an Indian citizen can be permitted so mechanically, Allahabad High Court has observed while ordering the police to discontinue surveillance of a man, who was kept under surveillance since 2011.Bablu Shah, since 2011, was kept under. …

Surveillance Indian Intervention Observed 2011 No Intervention
Kerala High Court warned to be careful with corruption cases
9 years, 1 month ago

Kerala High Court warned to be careful with corruption cases

Deccan Chronicle  

Kochi: Criticising the Thrissur Vigilance judge for mechanically forwarding the complaint filed by litigant P D Joseph to the VACB the single bench of Kerala High Court observed that courts should be cautious and judicious in approach when a complaint seeking action under Prevention of Corruption Act comes into the court. If the court fails in the said process, and …

Court Complaint