Authority To File Final Report & Grant Sanction To Prosecute Same Under Promotion Of Tree Growth Act: Kerala HC Asks Legislature To Clear Anomaly

The Kerala High Court on Tuesday pointed an inconsistency in Sections 9 and 12 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 and urged the legislature to clear the same by way of an amendment.Section 9 provides that a person not below the rank of a Forester can seize the trees together with the tools, if the same is found to be in contravention of Section 6 of the...

Karnataka High Court Dismisses Plea Challenging Appointment Of Complainant's Personal Lawyer As Public Prosecutor In SC/ST Case

The Karnataka High Court has dismissed a petition filed by an accused charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the Deputy Commissioner's decision to appoint the complainant's private lawyer as a special public prosecutor in the case.Justice K.Natarajan said the SC/ST Rules empower the Deputy Commissioner to appoint an eminent lawyer on...

No Excise Duty Can Be Demanded On Semi-Finished Goods Lying At The Time Of Debonding Of 100% EOU: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that excise duty cannot be demanded on semi-finished goods or work in process lying at the time of debonding of 100% Export Oriented Units (EOU).The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that at the intermediate stage when the goods are not...

High Court Directs Kochi Corporation To Act Against Citizens, Commercial Establishments Dumping Plastic/ Garbage In Stormwater Drains

The Kerala High Court on Friday expressed strong displeasure at the practice of citizens dumping waste and garbage in stormwater drains which contributes to the issue of flooding in Kochi city. It therefore directed the District Collector and Cochin Corporation to act against the disconcerting state of affairs. Single bench of Justice Devan Ramachandran cautioned all commercial establishments...

Money Laundering Case: Delhi Court To Pronounce Order On Bail Plea Of Jacqueline Fernandez On Nov 15, Interim Protection Extended

A Delhi Court on Friday extended interim protection from arrest to Bollywood actor Jacqueline Fernandez till November 15 in the Rs 200-crore money laundering case being probed by the Enforcement Directorate against alleged conman Sukesh Chandrasekhar. On September 26, the court had granted the actor interim protection from arrest.Additional Sessions Judge Shailender Malik deferred...

Complainant U/S 138 NI Act May Not Know Exact Role Of Company Directors, Basic Averment About Vicarious Liability Sufficient: Karnataka High Court

The Karnataka High Court has said that in proceedings initiated against directors of a company under Section 138 of the Negotiable Instruments Act, the complainant is only expected to make necessary averments regarding their vicarious liability and thereafter, the burden is upon such directors to show that they are not liable to be convicted. A single judge bench of Justice M...

"Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs

Observing that despite Supreme Court guidelines, and legal and executive reforms, there is no significant improvement in the state of the under-trials, the Rajasthan High Court recently granted bail to an NDPS accused in view of his over 6 years incarceration as an under-trial."This Court is anxious over the fact that jails debilitate the under-trial prisoners and if after the long wait,...

"Clear Case Of Ragging": Calcutta HC Directs IIT KGP To Specify Steps Take In Case Of Unnatural Death Of Student

The Calcutta High Court has directed the Director of IIT Kharagpur to file a report before the Court pertaining to the case of the unnatural death of a 23-year-old student. Calling it a clear case of 'ragging', the Court has also sought the name of students involved in the 'ragging'."This Court is interested to know as to what steps have been taken by the said wardens and the Management of...

Medical Officer Says Asking Clinical Doctors To Select Dialysis Patients For Financial Aid Affects Their Duty, Kerala HC Asks Health Secretary To Decide

The Kerala High Court recently directed State's Principal Health Secretary to decide a medical officer's representation seeking to relieve clinical doctors from the responsibility of participating in meetings of Gram-level Administrative Committees for the purpose of deciding list of beneficiaries eligible for financial assistance for kidney dialysis.The Petitioner alleged that to participate...

Delhi High Court Imposes ₹1 Lakh Cost On Litigant Challenging Justice Chandrachud's Appointment As CJI

The Delhi High Court on Friday dismissed a public interest litigation challenging the appointment of newly sworn-in Chief Justice of India DY Chandrachud and imposed a cost of Rs. 1 lakh on the petitioner.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad called it a "publicity interest litigation"The petitioner Sanjeev Kumar Tiwari in the PIL argued that...

'Family Should Not Suffer For His Acts': Delhi HC Grants Interim Bail To Accused For Arranging Daughter's Admission Fee For LLB Course

The Delhi High Court on Thursday granted interim bail for a period of ten days to the accused in an Arms Act case to allow him arrange money for paying daughter's admission fee for LLB Course.Justice Talwant Singh said the interim bail shall not be extended under any circumstances and the petitioner Nihal Ahmed shall surrender once the period of ten days is over."Keeping in view the fact that...

Objection On Maintainability Hits Root Of Judicial Proceeding If It Raises 'Pure Question Of Law' Or Points 'Inherent Lack Of Jurisdiction': Calcutta HC

The Calcutta High Court on Wednesday in hearing a writ petition clarified the position of law that an objection on the maintainability of a writ petition cannot be raised at the eleventh hour and that such an objection cannot go into the root of the judicial proceeding unless such an objection is made on a point of pure question of law or inherent lack of jurisdiction. The...