Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED

Today, the Allahabad High Court took exception to the actions of the accused's counsels, who had sent emails to Enforcement Directorate officers requesting them to file a counter affidavit, as directed by the court, in a case involving their client. Noting that counsels' sending emails directly to the Investigating Officer was not proper and could not be appreciated, a bench of...

No Judge Will Decide Cases Based On A Film: Bombay HC On Plea Apprehending "Match Fixing" Movie May Affect Malegaon Blast Case Verdict

The Bombay High Court while clearing the decks for the release of the controversial film 'Match Fixing: The Nation is At Stake', said no judge in India would ever decide a trial on the basis of a movie's plot.A division bench of Justices Burgess Colabawalla and Somasekhar Sundaresan pulled up one of the petitioners, Lieutenant Colonel (Lt. Col.) Prasad Purohit, for objecting to the...

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court

The Orissa High Court on Thursday held that a wife not reporting the police about missing status of husband, not trying to trace him out and living passively with another man will not amount to criminal conspiracy.While acquitting the appellant-wife of the charge of criminal conspiracy, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed –“…it is...

Laser Printing On Mineral Water Bottle Legible: Kerala HC Quashes Case Against Kinley Booked For Illegible Packaging Details

Quashing a case against Hindustan Coca Cola Company under the Legal Metrology (Packaged Commodities) Rules concerning alleged illegible declaration about the packaging details of mineral water sold at a movie theatre, the Kerala High Court observed that it could not be said that the details in the form of laser printing were illegible or not prominent. After perusing through the seized...

Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court

The Bombay High Court stated that refund rejection order passed without hearing opportunity violates rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain observed that “……in any event, proviso to Rule 92(3) of the CGST Rules, 2017, contemplates reasonable opportunity to be heard, implying that such hearing should...

Transport Rules Places Onus On Transporter To Pay For Excise Escort When Moving Alcohol Through The State: Gujarat High Court

The Gujarat High Court recently observed that the state transport rules places the onus not on the consignor or consingnee but on the transporter to apply for and pay fee for an excise escort when moving alcohol through the State.Notably Rule 10 Gujarat Through Transport Rules requires that an excise escort be arranged by the transporter and that they submit an application with the relevant...

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction

The Karnataka High Court on Wednesday granted bail to 99 convicts in a decade old case of atrocity against members of the Scheduled Caste community at Marakumbi village.A division bench of Justice Sreenivas Harish Kumar and Justice T G Shivashankare Gowda sitting at Dharwad also admitted their appeals challenging the conviction. It also suspended the sentence imposed upon them. The court...

Tendering Apology As A Matter Of Course To Escape Consequences Of Hate Speech Cannot Be Entertained: Madras High Court

While dismissing the anticipatory bail petition filed by South Indian actress Kasthuri for allegedly making controversial remarks against the Telugu community in Tamil Nadu, the Madras High Court observed that the courts could not entertain apology tendered as a matter of course after making derogatory and scurrilous statements bordering hate speech."A strong message must be sent by the...

Initiation Of Prosecution U/S 51 Of Black Money Act Not Dependent On Completion Of Assessment Proceedings U/S 10 For Tax Evasion: Delhi HC

The Delhi High Court has held that initiation of prosecution under Section 51 of the Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act, 2015 is not dependent on completion of assessment proceedings initiated against an accused under Section 10 to determine tax evasion. The Black Money Act, 2015 is designed to address "undisclosed assets located outside...

Bombay HC Restrains Sports Authority Of India From Using Unlicensed Songs Of Phonograhic Performance Ltd At 'Horn Okay Please' Food Festival

In what could spell trouble for Delhi's popular food festival - 'Horn Ok Please', the Bombay High Court in an interim order on Tuesday (November 12) restrained the Sports Authority of India (SAI) from playing songs or music owned by the Phonograhic Performance Limited (PPL) without obtaining prior licence. Notably, the Horn Ok Please festival will be held in SAI's Jawaharlal Nehru Sports...

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident.The appellant had approached the High Court challenging the award of rupees 75,000 by the Motor Accident Claims Tribunal. Justice Johnson...

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. Facts The respondent issued a work order in favour of the petitioner for the design,...