J&K&L High Court Monthly Digest: November 2022 [Citations 201 - 227]

Nominal Index :Tanzeem Khursheed Zargar Vs J&K Special Tribunal & Ors 2022 LiveLaw (JKL) 201 M/s Swiss Garner Life Sciences & Ors Vs Union of India 2022 LiveLaw (JKL) 202 Tamanna Vs Khushmeela 2022 LiveLaw (JKL) 203 Mst Mugli Begum & Ors vs Financial Commissioner & Anr 2022 LiveLaw (JKL) 204 Shabir Ahmad Ganai Vs Ghulam Mohi Ud Din Wani 2022 LiveLaw...

[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools

Punjab and Haryana High Court, while dealing with a case where the petitioner questioned deletion of Rule 134A of the Haryana School Education Rules, 2003 on the ground that it was not laid before the House of the State Legislature for prior approval which is a requirement under Section 24 of the Haryana School Education Act, 1995, upheld the State Gazette Notification publishing...

BJP MP Pragya Thakur Withdraws Plea Seeking Discharge In Malegaon Blast Case After Bombay High Court Says Trial At Advanced Stage

BJP MP Pragya Singh Thakur and two other accused in the Malegaon 2008 blast case withdrew their petitions pending before the Bombay High Court today, seeking to be discharged from the case. A division bench led by Justice AS Gadkari allowed them to withdraw their petitions. The judge earlier remarked that the trial had reached a very advanced stage for their pleas to be considered....

2013 DSP Jiya-Ul-Haq Murder Case: Allahabad High Court Grants Bail To Accused Who Spent 9 Years In Jail

The Allahabad High Court on Wednesday granted bail to one Manjeet Yadav, who is an accused in the 2013 Deputy Superintendent Of Police Zia-ul Haq Murder Case in view of his long incarceration of 9 years in jail. Essentially, Manjeet Yadav had moved to the High Court with the instant bail plea on the ground that he has been in jail for more than nine years from the date of his arrest,...

Department Is Not Allowed To Travel Beyond The Issues Involved In Limited Scrutiny Cases: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the department is not allowed to travel beyond the issues involved in limited scrutiny cases.The two-member bench of N.K. Choudhary (Judicial Member) and Pradip Kumar Kedia (Accountant Member) have observed that the assessee was selected for limited scrutiny, and the addition in hand does not emanate from the grounds...

Evolving Transparent, Hassle-Free Process For EWS Admissions In Private Schools: Delhi Govt To High Court

The Delhi Government has informed the High Court that it is evolving a transparent, uniform and hassle-free admission process for children under economically weaker section (EWS) category in private unaided recognized schools.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was also told that a portal has been developed displaying the number of vacancies,...

Police Cannot "Quick Fix" Facts Into Its Viewpoint Of Accusation: JKL High Court On Rape Investigation In Criminal Intimidation Complaint

The Jammu and Kashmir and Ladakh High Court on Tuesday called out the "Quick Fixes" resorted to by the police during criminal investigations, holding that investigations must be conducted within the domain of "Facts in Issue" and "Relevant Facts".A single bench comprising Justices Rahul Bharti observed,"Police Investigation acts with relish to exhibit its harassment bearing power...

FIR Uploading Delayed Only In Sensitive Cases By Lokayukta Police, Karnataka High Court Told

The Karnataka High Court on Thursday was informed by the State that only in some sensitive cases the police wing of Karnataka Lokayukta delays the uploading of First Information Report (FIR) on its website. A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi accepted the affidavit filed by the Additional Director General of Police (Karnataka Lokayukta)...

Purchase Of ATM within India: CESTAT Deletes Penalty Under Customs Act Against CitiBank

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has deleted the penalty under the Customs Act against CitiBank on the purchase of an ATM within India.The two-member bench of Suvendu Kumar Pati (Judicial Member) and Sanjeev Shrivastava (Accountant Member) has observed that a transaction concerning the purchase of an item within India, which is unrelated to...

Kallakurichi Student Death | Madras High Court Permits School Re-Opening For Classes 9-12 On Trial Basis

The Madras High Court on Wednesday permitted Latha Educational Society to reopen its two schools, which were vandalised in July following the death of a school girl, for classes IX-XII on a trial basis for one monthJustice R Suresh Kumar said the students in the higher classes have to appear in the half-yearly examination this month and at least for that, the classes need to be opened so...

Hold Meeting For Deciding Uniform Dress Code For Law Interns: Delhi High Court To Bar Council Of Delhi

The Delhi High Court on Thursday asked the Chairman of Bar Council of Delhi (BCD) to call for a meeting of all the stakeholders including the district bar associations and Bar Council of India (BCI) to evolve a common consensus regarding a uniform dress code for interns.Justice Pratibha M Singh said that since a larger number of interns enter the premises of Delhi district courts and the...

CBIC Extends Exemption From Maintaining Deposits In ECL Under Customs Act Till 31st March, 2023

The Central Board of Indirect Taxes and Customs (CBIC) has extended the exemption from maintaining deposits in the Electronic Cash Ledger (ECL) under the Customs Act till March 31, 2023.The Board, empowered under section 51A of the Customs Act, 1962, has amended notification No. 47/2022-Customs (NT) dated May 31, 2022.The CBIC exempted deposits from the provisions of Section 51A of the...