High Courts
Calcutta High Court Weekly Round-Up: 05th August To 11th August, 2024
Nominal IndexNandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181Hire-Purchase Agreement | Bank Need Not Re-Issue Vehicle's Registration Certificate After Sale Due To Default By Registered Owner: Calcutta HCCase: Nandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181The Calcutta High Court has held that in...
[S.3(2) Trademarks Act] Associate Managers In Trademark Registry Not Empowered To Pass Quasi-Judicial Orders: Calcutta High Court
The Calcutta High Court has held that associate managers appointed under Section 3(2) of the Trademarks Act cannot pass quasi-judicial orders since they were not empowered to do so by virtue of their appointment as contractual employees.A single bench of Justice Krishna Rao held:The Registrar dealing with an application under the Trade Marks Act is a quasi judicial and delegation of power...
Reassessment Notices & Order Passed Contrary To Notified Mandatory Faceless Procedure U/s 151A Are Liable To Be Quashed: Bombay HC
While observing that the Scheme notified by the Central Government does not envisage exclusion of provisions of Section 148A as the procedure outlined within the said provisions are inextricably linked to Section 148, the Bombay High Court quashed the entire exercise undertaken by the Jurisdiction AO u/s 148A outside the faceless mechanism. Section 148A of the Income Tax Act states...
Weekly Digest Of IBC Cases: 29th July To 4th August 2024
High Court Stakeholders Can't Impose Penalties, Claim Dues From Corporate Debtor After Approval Of Resolution Plan: Delhi High Court Case Title: OCL Iron and Steel Limited vs Union of India Citation: 2024 LiveLaw (Del) 862 Case No.: W.P.(C) 8316/2024 & CM APPLS. 34076/2024, 38159/2024 The Delhi High Court single bench of Justice Sanjeev Narula held once a resolution...
'Umrah' Is A Journey Of Devotion To Allah: Allahabad HC Permits Woman Accused In A Cheating Case To Travel To Saudi Arabia
The Allahabad High Court last week permitted a woman accused in a cheating and forgery case to travel to Saudi to perform the Umrah pilgrimage. “Umrah is a journey to Muslim's most sacred place. 'Umrah' is known as minor pilgrimage while 'Hajj' is the main pilgrimage. 'Umrah' is considered as a journey to holiest place of Muslim's and a journey of devotion to Allah,” a...
Calcutta High Court Monthly Digest: July 2024
NOMINAL INDEXGOPA DAS VS STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 153Arabul Islam vs The State of West Bengal 2024 LiveLaw (Cal) 154M/s. Asian Hotels (East) Ltd. & Anr. Versus The Deputy Commissioner of State Tax & Ors. 2024 LiveLaw (Cal) 155M/S. B.B.M. Enterprises Vs State Of West Bengal And Ors. 2024 LiveLaw (Cal) 156M/s. Araha Hospitality Private Limited vs. Indian...
Jharkhand High Court Directs State Govt To Identify "Illegal Immigrants" In Six Districts Allegedly Coming From Bangladesh
While hearing a PIL highlighting alleged illegal immigration from Bangladesh in the Santhal Pargana region, the Jharkhand High Court directed the state government to utilize its "Special Branch" for identifying "infiltrators/illegal immigrants" in the area in question. The direction was passed in a public interest litigation (PIL) petition moved by one Danyaal Danish claiming that in...
Rajasthan High Court Appreciates Child's Gesture Towards Bench Mediating His Custody Conflict, Calls It 'Symbol Of Strength Of Mediation Law'
The Rajasthan High Court while hearing the custody case of a 6-year-old was gifted flowers and a hand-crafted pen stand by the child as a symbol of appreciation for the mediation sessions held with him. While acknowledging the gesture of the boy, a division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman said:“This Court acknowledges and appreciates the creativity...
Article 21 Applies Irrespective Of Nature Of Crime, Accused Cannot Be Kept Behind Bars Indefinitely Without Progress In Trial: Bombay HC
The Nagpur bench of the Bombay High Court recently granted bail to a man booked in a rape case observing that Article 21 of the Constitution of India will apply irrespective of the nature of the crime.Single-judge Justice Urmila Joshi-Phalke in her order passed on August 6 noted that the accused was arrested on December 15, 2021, and was in custody since then.The judge further noted that...
Juvenile Justice Act | Children's Courts Empowered To Try Offences Under UAPA, Welfare Of Child Paramount: Jammu & Kashmir High Court
Upholding the jurisdiction of the Children's Court to try cases under the Unlawful Activities Prevention Act (UAPA), along with other laws, the Jammu and Kashmir and Ladakh High Court has asserted that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act] override all other statutes where a child in-conflict-with law is involved.A bench comprising...
Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court
The Kerala High Court has directed that stringent conditions, at least in the form of a bank guarantee must be imposed while directing the release of vehicles dumping waste onto public property.The petitioner was alleged to have committed a serious crime of dumping septic waste into a water source and his vehicle was seized. The magistrate dismissed his application for interim custody of...
'Defamatory & Reckless' : Bombay High Court Asks Malayali YouTuber To Take Down Video Against Malabar Gold
The Bombay High Court recently restrained a Malayali YouTuber Shajan Skariah from making any "defamatory" posts against Malabar Gold Limited and further issued a directive to him to pull down an 'objectionable' video already posted on the social media platform.Single-judge Justice Arif Doctor after hearing the brief submissions made by the counsel representing Malabar Gold said the video...