'Society's Outrage No Justification To Suppress Free Speech': Delhi Court Dismisses Complaint Against Kerala MLA KT Jaleel

Observing that India's secular thread and fraternity cannot be assumed to be so feeble that it would "break or get bruised" on "random statements of selfish politicians", a Delhi Court has dismissed a complaint filed against Kerala MLA K.T. Jaleel over his recent remarks regarding Kashmir on social media. Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal of Rouse Avenue Courts...

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Friday observed that the Principal Sessions Judge of a district has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in Section 409(2) of CrPC. The observations were made by Justice M A Chowdhary while hearing a plea through the medium of which the...

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC

The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused person. Justice A....

Karnataka High Court Directs Hospital To Consider Medical Termination Of 13-Yr-Old Rape Victim's Pregnancy Of 25 Weeks

The Karnataka High Court on Thursday directed a hospital in Bengaluru to examine a 13-year-old rape victim and consider terminating her pregnancy of 25 weeks.A single judge bench of Justice M Nagaprasanna said the hospital will carry out the procedure under the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State. The petitioner shall not be liable...

Suit For Eviction From Property Being Used For Running Business Lies Before Commercial Division: Calcutta High Court

The Calcutta High Court on Thursday in transferring an eviction suit filed before its non-commercial Ordinary Original Civil Jurisdiction to its Commercial Division has held that the only operative consideration for the Court to give effect to such transfer is to ascertain whether the suit premises forming the subject matter of the dispute were used for commercial purposes or not and...

Declared Terrorist Organisation in 2004, Asiya Andrabi's Dukhtaran-E-Millat Challenges UAPA Ban; Centre Says Too Late

Separatist leader Asiya Andrabi led Dukhtaran-e-Millat (DeM) has moved the Delhi High Court challenging a notification declaring it as a terrorist organisation under Unlawful Activities (Prevention) Act, 1967. The Kashmir-based all-women outfit was banned by the Centre on December 30, 2004 under Section 3 of UAPA. Arrested by the National Investigation Agency in 2018, Andrabi continues to...

Kerala Service Rules | Govt Cannot Summarily Reject Employees' Leave Application Under Rule 91A For Pursuing PhD: High Court

Questioning the government's decision to not grant leave to its employees under Rule 91A of Part I Of Kerala Service Rules for pursuing PhD, the Kerala High Court on Monday said the State cannot summarily reject a leave application for Doctoral or Postdoctoral Research. Justice Devan Ramachandran rejected the government's argument that a general decision has been taken to not extend leave...

Gujarat High Court Permits BJP Leader Hardik Patel To Enter Mehsana After State Govt Says 'No Objection'

The Gujarat High Court on Friday allowed BJP leader Hardik Patel to enter Mehsana district for campaigning in the upcoming Gujarat polls, after the State said that it has no objection to the same. Patel was convicted in 2017 in a case connected to the Patidar Quota stir. While releasing him on bail, the high court had imposed a condition that he will not be allowed to enter the district -...

Jharkhand Assembly Passes Bill To Provide 77% Reservation In Govt Services

The Jharkhand assembly today passed a bill increasing the reservation in the vacant govt posts & services to 77%. This comes 4 days after the Supreme Court upheld 103rd Constitutional Amendment which introduced a 10% quota for EWS in education & public employmentThe bill proposes a 12% quota for Scheduled Caste community, a 27% quota for Other Backward Communities; 28% for...

AA Cannot Enquire Into Justness Of Rejection Of Resolution Plan By COC: NCLAT Chennai

The National Company Law Appellate Tribunal ("NCLAT"), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Dr. C. Bharath Chandran v Ms. Sabine Hospital and Research Centre & Ors., has held that the Adjudicating Authority has no authority to enquire into the 'justness' of Committee...

Court Cannot Partly Set Aside Award In Absence Of Manifest And Patent Error, And Without A Finding As To Its Severability: Uttarakhand High Court

The Uttarakhand High Court has ruled that in the absence of a manifest and patent error in the arbitral award, the Court under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot interfere with the award, by partly upholding it and by disallowing the rest of the claims of the claimant. The Division Bench of Justices Sanjaya Kumar Mishra and Ramesh...

Cenvat Credit Can't Be Denied Merely For Non-Registration Of Input Service Distributor : CESTAT

The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that cenvat credit cannot be denied on the grounds of non-registration of input service distributor registration in respect of bank charges and chartered accountant services.The bench of Sulekha Bevi C.S. (Judicial Member) observed that there is nothing in the statutory rules to disentitle...