News Updates
Trial Courts Can Only Recommend Compensation Under POCSO Rules, Cannot Decide The Quantum : Karnatka HC [Read Order]
The Karnataka High Court has held that trial court/special court has to recommend the District Legal Services Authority/state legal services authority to decide and award the compensation in accordance with the POCSO rules, or the victim compensation scheme, but should not decide the quantum of compensation, itself, which is against the provisions of Criminal Procedure Code...
SC Collegium Proposes To Elevate 6 Judicial Officers & 1 Advocate As Rajasthan HC Judges [Read Resolutions]
Pursuant to its meeting held on January 22, the Supreme Court Collegium has recommended to elevate six Judicial Officers and one Advocate as Judges of the Rajasthan High Court. They are: Devendra KachhawahaSatish Kumar SharmaPrabha SharmaManoj Kumar VyasRameshwar VyasShri Chandra Kumar SongaraManish Sisodia, Advocate Notably, the Collegium had...
Access To Roads Is A Fundamental Right: P&H HC Passes Slew Of Directions To Ensure Road Safety & Traffic Management [Read Order]
Holding that "access to roads" is a Fundamental Right, the Punjab and Haryana High Court has passed a slew of directions to ensure road safety and traffic management in the UT of Chandigarh. While hearing suo moto proceedings against misuse of cycle-tracks/ pedestrian paths in southern sectors of Chandigarh, the bench of Justice Rajiv Sharma and Justice Amol Rattan Singh...
Acceptance Of Corporate Insolvency Resolution Not A Ground To Quash Case Under Sec 138 NI Act: Madras HC [Read Judgment]
In a significant ruling, the Madras High Court has held that acceptance of the Corporate Insolvency Resolution Plan under Section 31 of the Insolvency and Bankruptcy Code, 2016 cannot be a ground for quashing the prosecution initiated under Section 138 of the Negotiable Instruments Act, 1881 against the corporate debtor and its officials. "No clause in the Corporate Insolvency...
Withholding Gratuity Amount Merely Due To Pendency Of Criminal Investigation Violates Article 300A Of The Constitution: Allahabad HC [Read Judgment]
The Allahabad High Court on Tuesday observed that withholding the amount of gratuity payable to a retired employee of State merely on account of pendency of criminal investigation against him at the time of retirement violates Article 300A of the Constitution. "The right of a retired employee to receive pension and gratuity is recognised as a property which cannot be deprived except...
Provisions Of TRAI Act Must Be Viewed In Light Of Protection Of Interests Of Both Consumers And Broadcasters; TRAI Tells Bombay HC
The Telecom Regulatory Authority of India on Wednesday submitted an affidavit before the Bombay High Court in a batch of petitions challenging the new amendments to the regulations and tariff order brought in by the regulatory body in January. TRAI stated that the said changes would benefit consumers.Division bench of Justice SC Dharmadhikari and Justice RI Chagla did not grant any interim...
Power To Attach Bank Accounts Can Be Used In Limited Circumstances, Not An Omnibus Power; Bombay HC Sets Aside GST Authority's Order [Read Judgment]
The Bombay High Court last Friday quashed and set aside an order by the Directorate General of GST Intelligence holding that the said order of provisionally attaching the bank accounts of the petitioner was without jurisdiction. A division bench of Justice Nitin Jamdar and Justice MS Karnik was hearing a writ petition filed by Kaish Impex Pvt Ltd through its Director Deepak Kumar....
Gujarat HC Rejects Ex-IPS Sanjiv Bhatt's Plea For Recalling SIT Probe [Read Order]
The Gujarat High Court on Friday refused to recall its order whereby a Special Investigation Team was constituted to probe the alleged involvement of former IPS officer Sanjiv Bhatt in a 1996 drug planting case. While dismissing Bhatt's petition, Justice JB Pardiwala said, "This application is nothing but one more attempt on the part of the applicant to create unnecessary hindrances...
Anglo Indian Representation To Lok Sabha, State Assemblies Done Away; SC-ST Reservation Extended For 10 Years: Constitution (104th Amendment) Act To Come Into Force On 25th Jan
The Central Government has notified Constitution (One Hundred And Fourth Amendment) Act which extends reservation for ten years for Scheduled Caste and Scheduled Tribes to Lok Sabha and State Assemblies. The amendment also does away with the provision for nomination of Anglo Indians.The Amendment to Constitution was ratified by the Legislatures more than one-half of the States by resolutions...
Consumer Forums Do Not Have Jurisdiction Over Educational Institutions As They Do Not Impart 'Services', Holds NCDRC [Read Judgment]
The NCDRC on Monday answered a reference holding that 'educational institutions' do not impart 'services' and hence the consumer fora does not have jurisdiction to entertain complaints against them. With this ruling, the bench comprising Justice RK Agrawal (President), Justice VK Jain (Member) and M. Shreesha (Member) has broken the deadlock created by two conflicting judgments of...