Vice Chancellor Appointment | How Can Kerala University Function Without VC? High Court Slams Senate

The High Court on Tuesday grilled Kerala University Senate for not nominating a member for the selection committee, which has to consider names for appointment of the varsity's new vice chancellor.The court was hearing a petition challenging the Governor, Arif Mohammed Khan's "withdrawal" of membership of 15 Senators. Khan had taken the decision in his capacity as the Chancellor.Questioning...

Change In Land Use Not Permissible Without Prior Permission From Statutory Authority: Chhattisgarh High Court

The Chhattisgarh High Court has made it clear that change in 'land use' is not permissible without obtaining prior permission from the statutory authority. The observation was made in the context of conversion of 'open space' to a community centre, without seeking prior permission from the Director under Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973.A bench comprising Chief Justice...

Delhi High Court Restrains HarperCollins From Publishing Confidential Info Of Players In Ex-Hockey India Coach's New Book

The Delhi High Court on Tuesday temporarily restrained the former coach of Indian Women Hockey Team Sjoerd Marijne and HarperCollins Publishers India from publishing confidential information about women players in his upcoming memoir.The Book authored by Marijne titled "Will Power: The Inside Story of the Incredible Turnaround in Indian Women's Hockey", is yet to be released. Justice Amit...

ITAT Suggests Government To Work-Out Mechanism To Ensure Tax Recovery From ARCs/Banks On sale Of Security Assets

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has suggested the government work out a mechanism to ensure tax recovery from Asset Reconstruction Companies (ARCs)/banks on the sale of security assets."It is time that the Government seriously considers protecting its legitimate interests by ensuring some mechanism to ensure that the tax liability on the capital gains is...

Penal Provisions U/S 138 NI Act Attack Person Who Issued Cheque, Shifting Of Liability No Ground To Quash Complaint: Kerala High Court

The Kerala High Court has held that mere shifting of liability after a cheque has been issued would have no significance since penal provisions under the Negotiable Instruments Act would attack the person who issued the cheque, particularly when a prima facie case has already been made out.In this case, the drawer of the cheque sought to quash the criminal case against him which was...

"Offence Against Great Nation" : Bengaluru Court Awards 5-Yr Jail Term To Student Who 'Celebrated' Pulwama Attack

The Bengaluru Court on Monday sentenced a 21-year-old engineering student to 5-Year imprisonment for 'Celebrating' the Pulwama Attack by posting derogatory comments on FB supporting the acts of terrorists with the intention to disrupt the sovereignty and integrity of India.The Special NIA Court presided over by Additional City Civil & Sessions Judge Gangadhara C. M. found that the...

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court

The Calcutta High Court has made it clear that Section 41D of CrPC, which entitles an accused to meet an Advocate of his choice during interrogation by the investigating agency, does not extend to presence of Advocate throughout the investigation.While admitting a criminal revision application preferred by the Enforcement Directorate (ED) against the Magistrate's order permitting the Advocate...

Court Shall Not Surrender To Opinions Of Islamic Clergy Who Have No Legal Training: Kerala High Court

The Kerala High Court has said that Islamic clergy, who have no legal training or knowledge in legal sciences, cannot be relied upon by the court to decide on a point of law relating to the personal law applicable to the Muslim community. "Ordinary scholars and the Islamic clergy, who have no formal legal training find it difficult to deduce Islamic law from its sources," said the division...

Misled By Claimant's Counsel, Bombay High Court Apologises To MACT Assistant Registrar For Making Strong Remarks

Realising that it was misled by a claimant's advocate, the Bombay High Court recently apologised for its strong remarks against the Motor Accident Claims Tribunal (MACT), Pune and said that the remarks will be expunged from the record. "We express our regret and convey our apologies to the Assistant Registrar, MACT Pune. We were misled as to the actual circumstances," the court said in...

Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court

Punjab and Haryana High Court, while dealing with a writ petition against denial of compassionate appointment over 19 years delay, observed that compassionate appointment should not be treated as a "reservation" of any kind. The bench comprising Justice Arun Monga observed,Trite it is to say that compassionate appointment is not to be treated as a reservation of any kind. It is...

Education Not Commercial Activity, Collection Of Capitation Fee For Admission Illegal, No Tax Exemption: Madras High Court

The Madras High Court on Monday deprecated the practice of receiving capitation fee in exchange of admissions. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq held that such practice of receiving capitation fee is against the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992. It is therefore beyond the pale of any doubt that education...

Delhi High Court Issues Summons In Abhijit Iyer Mitra's Suit Seeking Restoration Of 'Suspended' Twitter Account

The Delhi High Court on Tuesday issued summons in the suit filed by Abhijit Iyer Mitra, who is a research fellow at the Institute of Peace and Conflict Studies, seeking restoration of his Twitter account and action against the micro-blogging site for "suspending" his account "without following the procedure prescribed by law".Justice Mini Pushkarna has now listed the matter before joint...