Madras High Court Directs State To Ensure That Persons Holding Diploma In Siddha Medicine Do Not Practice It

The Madras High Court recently directed the State Government and the Director General of Police to ensure that those having a diploma certificate in Siddha Medicine are not practicing Siddha Medicine. The court added that such a situation would create havoc in the society which was already dealing with several cases of quacks. “If any of these students are practicing Siddha...

Trial Court Believed Prosecution Story In Haste, Convicted Without Seeking Production Of Contraband: Gauhati HC Overturns NDPS Conviction

The Gauhati High Court recently set aside the conviction and sentence order passed by the Trial Court under Section 20 (b) (ii) (c) of NDPS Act on the ground that the seized contraband were not produced before the Trial Court and no inventory was prepared by the magistrate.The single judge bench of Justice Malasri Nandi observed:“In the case in hand, there is no denial of the fact that...

PMLA | Enforcement Directorate Is Well Within Rights To Challenge Closure Report In Predicate Offence: Madras High Court

The Madras High Court recently held that once a complaint under the Prevention of Money Laundering Act was registered, the Enforcement Directorate was within its right to challenge the closure report filed in the Predicate Offence if the same resulted in miscarriage of justice.“During the pendency of complaint under PMLA, if the predicate offence is closed, in the present case, it resulted...

Reasonable Time Limit Applies Even Without Statutory Limitation; P&H HC On Labor References

Punjab & Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal allowed Punjab and Sind Bank's petition challenging a labor reference order made after an 11-year delay. The Court ruled that criminal acquittal cannot revive a dismissed labor dispute, especially when approached after an unreasonable delay. Despite no statutory limitation period under Section 10...

Candidates Have No Right To Mutilate DU's Walls In DUSU Election: Delhi HC Directs Them To File Affidavit, Take Steps To Beautify Campus

While hearing a plea concerning the "defacement" of public property in Delhi University pertaining to the Delhi University Students' Union (DUSU) elections, the Delhi High Court on Monday (October 28) orally remarked that none of the candidates had to right to "mutilate the walls" of the University campus or of any private residence in the city. While expressing its concern the court...

Live-Streaming Of Case At Calcutta High Court Interrupted By Obscene Video, Complaint Lodged

Live streaming of a case at the Calcutta High Court on Monday, was abruptly interrupted due to the display of obscene photos and videos during the virtual hearing, which was being held on Zoom.Justice Subhendu Samanta was holding a vacation bench when the alleged photos and videos were displayed during the hearing of a case.While the interruption could not be immediately rectified, the...

Assessment Order Passed Before Expiry Of Time To File Reply Is Liable To Be Set Aside: Kerala High Court

The Kerala High Court stated that any assessment order issued before the time allowed for filing a reply has no legal validity and can be overturned.The Bench of Justice Gopinath P. observed that “…….the assessee had filed an appeal against the order is no ground to refuse relief to the assessee as the original order was clearly issued in violation of principles of...

Condonation Of Delay Application Should Focus On Sufficient Reason, Not Merits Of Claim U/S 119(2)(B) Of Income Tax Act: Kerala High Court

The Kerala High Court stated that an application for condonation of delay should focus on whether there was sufficient reason to condone the delay under Section 119(2)(B) of the Income Tax Act, rather than on the merits of the assessee's claim.Section 119(2)(B) of the Income Tax Act, 1961 empowers CBDT to direct income tax authorities to allow any claim for exemption, deduction, refund and...

Cheque Bounce Complaint U/S 138 NI Act Maintainable Even If Civil Suit For Recovery Is Instituted: Karnataka High Court Reiterates

The Karnataka High Court has held that a complaint for offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, notwithstanding the civil suit filed for recovery of the money.A single judge bench of Justice M Nagaprasanna held thus white dismissing a petition filed by one Lalji Kesha Vaid. It said “The complaint for offence punishable under Section 138...

Right To Dignity Under Article 21 Includes Being Able To Attend Once In A Lifetime Family Rituals Like Son's Wedding: Rajasthan High Court

Rajasthan High Court has ruled that Right to Life under Article 21 of the Constitution of India also includes Right to live with dignity that encompasses attending once in a lifetime family rituals like right of a father to attend son's marriage.The bench of Justice Arun Monga was hearing a petition filed on behalf of the accused who was in judicial custody for last 6 years on multiple FIRs...

Karnataka High Court Weekly Round-Up: October 21 To October 27, 2024

Citations: 2024 LiveLaw (Kar) 444 To 2024 LiveLaw (Kar) 449Nominal Index:ALL INDIA DALIT ACTION COMMITTEE ® AND Rahul Gandhi & Others. 2024 LiveLaw (Kar) 444Prajwal Revanna v. State of Karnataka and other petitions. 2024 LiveLaw (Kar) 445M/s Steel Rocks INC & ANR AND M/S. BANGALORE ELEVATED TOLLWAY PVT. LTD & ANR. 2024 LiveLaw (Kar) 446B Gopal Krishna & ANR AND...

Right To Travel Abroad Is A Basic Human Right, Denying Permission To Travel Due To Pending Dept Enquiry Violates Article 21: Rajasthan HC

Rajasthan High Court has affirmed that the pendency of departmental enquiry could not be a ground to deny permission to employees to travel abroad. Such rejection of permission amounted to a violation of the fundamental right to personal liberty under Article 21 of the Constitution which could not be taken away except in accordance with the procedure established by law.The bench of Justice...