Kerala High Court Orders Crime Branch Probe Into State Minister Saji Cherian's Alleged Remarks Disrespecting Constitution

The Kerala High Court has ordered investigation by crime branch into the alleged insulting remarks made against the Constitution by State's Minister for Fisheries, Culture and Youth Affairs, Saji Cherian. Justice Bechu Kurian Thomas ordered thus in a petition moved by a lawyer against the police closing investigation against the Minister.Reportedly, Saji Cherian in a speech in July 2022 made remarks like the Constitution is used to exploit commoners. The plea alleges that the Minister committed...

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC

Rajasthan High Court has set aside an order of the Superintendent of Police rejecting the candidature of the Petitioner for the post of the Constable on the grounds that his acquittal in an FIR registered against him was not honourable, but due to lack of evidence.The bench of Justice Arun Monga ruled that an acquittal was an acquittal, on whatever ground, which restored the Petitioner's status as a law-abiding citizen. It was held that denying appointment to the petitioner solely due to...

Allahabad HC Decines Plea Claiming Road Tax Exemption Should Be Allowed For Registration And Not Purchase Of Electric Vehicles In UP

The Allahabad High Court has dismissed a writ petition claiming exemption from payment of road tax on an electric vehicle purchased from Jammu. The Petitioner had claimed that since road tax is levied for operating the vehicle within the State, no distinction can be made on the basis that the vehicle in question has been purchased within the State or from outside. It had...

Manipur High Court Seeks State, Centre's Stand In PIL To Maintain Law & Order Following Clash Of Suspected Militants With Forces

The Manipur High Court on Monday (November 18) sought the stand of the State government and the Centre in a public interest litigation petition seeking a direction to the State to perform its duty to maintain law and order in connection with an incident where six people were allegedly abducted by suspected militants following an altercation with security forces. The PIL states that after an alleged encounter that took place between security forces and suspected militants on November...

Calcutta High Court Grants Bail To Suspended TMC Leader Kuntal Ghosh In Recruitment Scam Case

The Calcutta High Court has granted bail to suspended Trinamool Congress youth leader Kuntal Ghosh in the cash-for-jobs recruitment scam case being investigated by the CBI and ED.While Justice Suvra Ghosh granted bail to the accused subject to a bond of Rs 10 lakhs, he will remain in custody in another case being investigated by the CBI.The petitioner stated that he was in custody for about twenty-two months upon being implicated on the basis of the statement of co-accused Tapas Kumar Mondal....

Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates

While hearing a cheque bouncing case, the Jharkhand High Court has reaffirmed that cognizance of offences under Section 142 of the Negotiable Instruments (NI) Act does not require a report to the police nor empowers the court to direct the police to investigate the complaint. The court further clarified that under Section 142(1)(a) of the NI Act the cognizance of an offence punishable under Section 138 for cheque dishonour can only be taken upon a written complaint.Justice Anil Kumar Choudhary,...

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case

While deciding a review petition pertaining to a custody dispute, the Kerala High Court said that a party is not estopped when the error is committed by the court itself. A division bench of Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar underscored that the court has a duty to correct its own mistake. It said:“As noticed, the order sought to be reviewed is vitiated by a patent error on the face of the record. Every order of custody, whether interim or permanent,...

Delhi High Court Orders DDA, MCD To Demarcate Their Jurisdictions; Asks LG To Consider Conducting Survey

The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to demarcate their boundaries and jurisdictions in the national capital with precision (longitude and latitude) as far as possible.“The Hon'ble Lieutenant Governor is directed to consider extending the survey to the whole of Delhi so that the jurisdiction of all statutory authorities is clearly demarcated and the ground level reality is not a mystery and is known to all,” a division...

Income From Sale Of Immovable Properties To Be Treated As 'Capital Gains,' Not 'Business Income': Kerala High Court

The Kerala High Court has stated that income from the sale of immovable properties is to be treated as 'capital gains,' not 'business income' for taxation purposes. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the requirement of ensuring uniformity and consistency in tax assessments cannot be overlooked, especially while categorizing...

Land Mortgaged To Bank Can Be Sold In Case Of Default In Loan Repayment By Allotee: Karnataka High Court

The Karnataka High Court has held that once the state government allows land granted to be mortgaged to raise a loan for the construction of a house, in case of default of repayment of the loan, the bank cannot be restrained from selling the property to enforce the mortgage, citing the non-alienation clause in the grant.A Single Judge M I Arun held thus while quashing an endorsement dated 18-07-2023 issued by the authorities to South Canara District Central Co-operative Bank Ltd, refusing to...

Karnataka High Court Quashes Notification Reconstituting State Bar Council Committees, Says It Violates Council's Election Rules

The Karnataka High Court has quashed an October 28 notification issued by Chairman and Vice Chairman of State Bar Council to reconstitute committees of the Council, observing that the same was in violation of the State Bar Council (Election of Chairman and Vice-Chairman) Rules.Observing that rules are meant to ensure transparency, the court said that the action of reconstitution of the council's committees would set a precedent undermining the mandatory nature of the rules rendering regulatory...

Calcutta High Court Delivers Split Verdict On Bail Plea Of Ex-State Education Minister Partha Chatterjee, Four Others Accused In Cash-For-Jobs Scam

Justice Apurba Sinha Ray in his separate opinion, stated that Partha Chatterjee, along with accused Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha and Shanti Prasad Sinha were 'masterminds' of the alleged scam, and were still powerful and could influence the case.