High Courts
Bombay High Court Restrains Apollo Tyres From Airing Advertisement Ridiculing CEAT Tyres
The Bombay High Court recently passed an ex-parte order restraining the Apollo Tyres from airing an advertisement, wherein the company 'ridiculed and disparaged' CEAT Tyres.Single-judge Justice Riyaz Chagla in an order passed on September 12, restrained Apollo Tyres from airing a Visual Commercial (VC) which showed CEAT Tyres in a bad light."Prima facie, it appears that the Plaintiff is the...
Magistrate Writes "State Absconded" In Arrest Warrant, Punjab & Haryana HC Laments Non-Application Of Mind, Quashes Subsequent Proclamation Order
Observing that it was a "total non-application of judicious mind", the Punjab and Haryana High Court has set aside the proclamation order issued by a Judicial Magistrate subsequent to issuance of an arrest warrant (under wrong provision) where Magistrate wrote the "State has absconded", instead of name of accused.The Warrant Serving Officer pasted the arrest warrant on the wall considering it...
Sexual Assault Of Minor Girls At 'Fake' NCC Camp | Madras High Court Directs State To Make Ex-Gratia Payment To Victims
The Madras High Court has directed the Tamil Nadu government to make ex gratia payments to victim school girls who were sexually assaulted in a fake NCC camp conducted in Krishnagiri District. The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji was hearing a public interest litigation filed by Advocate AP Suryaprakasam seeking a CBI inquiry into the case. The...
IPC Provisions Can't Be Invoked Directly Without Applying Penal Provisions Of GST Act: Madhya Pradesh High Court
The Madhya Pradesh High Court stated that GST authorities cannot bypass the procedural safeguards under the GST Act by directly invoking IPC provisions without first applying the penal provisions of the GST Act. The Division Bench of Justices Sushrut Arvind Dharmadhikari and Duppala Venkata Ramana observed that “GST Act, 2017 is a special legislation which holistically deals...
'Urban Planning Failure': Delhi High Court On Parking Issue In Residential Colonies, Calls For Policy Based Response From Municipal Authorities
Calling it an “urban planning failure”, the Delhi High Court has said that the issue of parking space in residential colonies in the national capital requires a policy based response from the municipal authorities. “The absence of dedicated parking spaces in residential colonies is a civic issue that requires a policy- based response from municipal authorities rather than...
S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court
The Kerala High Court has held that the limit of 60 days provided in Section 250 of Bharatiya Nagarik Suraksha Sanhita (BNSS) to file a petition of discharge is directory and not mandatory. The Court further held that the period of 60 days will start from the date of supply of copies of documents to the accused.Justice A. Badharudeen made this pronouncement while dealing with a revision...
People In Mainland Enjoying High Tech Facilities, Tribals In Kalvarayan Hills Deserve At Least Basic Amenities: Madras High Court Remarks
The Madras High Court on Thursday orally remarked that when people living in the mainland are enjoying hi-tech facilities, the people belonging to scheduled caste and scheduled tribe communities, living in the Kalvarayan Hills should be getting at least the basic amenities for leading a decent life. The bench of Justice SM Subramaniam and Justice N Mala was hearing a suo motu writ...
Arbitral Tribunal Is The Fulcrum And The Facilitator For Taking Evidence Under Section 27 Of Arbitration And Conciliation Act: Telangana High Court
The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M.G. Priyadarshini, while dismissing a Civil Revision Petition (CRP), has held that the Arbitral Tribunal is the fulcrum and the facilitator under Section 27 of the Arbitration Act. The Bench further held that only Arbitral Tribunal can make a representation before a Court under Section 27(5). Section...
Mere Error In Judgment Of Diagnosis Not Medical Negligence: Gujarat High Court
The Gujarat High Court has dismissed challenge to a civil court's order which had rejected a couple's suit seeking compensation for alleged “medical negligence” by a doctor resulting in the death of their child. The high court said that in the "facts of the case", and in the absence of any cogent material, a mere error in judgment of diagnosis cannot be termed as medical negligence. A...
Waqf Board Case: Delhi High Court Issues Notice On AAP MLA Amanatullah Khan's Plea Challenging Arrest, ED Objects On Maintainability
The Delhi High Court on Thursday issued notice on a plea filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging his arrest by the Enforcement Directorate (ED) in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Neena Bansal Krishna sought response of ED within 15 days and listed the matter for hearing...
Appeal Can't Be Rejected For Failure To Upload Documents On GST Portal Due To Technical Errors: Madras High Court
The Madras High Court stated that an appeal cannot be rejected solely due to the failure to upload documents on the GST portal if the delay or failure is due to technical errors on the portal. The Bench of Justice Krishnan Ramasamy observed that “….an appeal should not be rejected without affording the parties an opportunity to be heard, particularly when the rejection arises...
Gauhati High Court Calls For Equal Opportunity Of Promotion For Inspectors Of Armed And Unarmed Branch Of Mizoram Police
The Gauhati High Court recently held that proviso to Rule 6(1) of the Mizoram Police Service Rules, 2008, shall be interpreted in a manner which provides equal opportunity of promotion to the Inspectors of the Armed Branch as well as Un-armed Branch of the Mizoram Police. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:“It is a salutory principle of law...