BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case

Allowing the state government and victim's petitions challenging the sessions court order, the Kerala High Court on Thursday cancelled author and social activist Civic Chandran's anticipatory bail in a sexual harassment case.Justice A. Badharudeen observed that prima facie case is made out alleging the commission of offences under the SC/ST Act and Section 354 of IPC.Having appraised the facts...

Long Court Vacations Violate Litigants' Fundamental Rights, Must Be Abandoned: Plea In Bombay High Court

A writ petition filed before the Bombay High Court has challenged the long vacations of the court claiming that it is a violation of fundamental rights of litigants. The plea says courts during the vacations function with insufficient number of judges to hear the urgent cases. The petitioner Sabina Lakdawala has sought a declaration that the long court vacations during Diwali, Christmas,...

Constitute Committees To Check Unauthorised Use Of Banners And Boards In Public Places: Kerala High Court To State

The Kerala High Court on Wednesday ordered setting up of committees at the level of every Local-Self Government Institution to tackle the issue of putting of illegal boards and banners in the state.Directing the Local Self Department's Secretary to issue immediate orders, Justice Devan Ramachandran ordered that the primary committees shall comprise of the following:- Secretary of the Local...

LOC A Coercive Measure, Can Be Issued To Ensure Surrender Of A Person Evading Summons Or Arrest: Delhi High Court

The Delhi High Court has reiterated that a look out circular (LOC) is to be issued in such cases where the accused is deliberately evading arrest or summons or where he fails to appear in a court despite issuance of non-bailable warrants."An LOC is a coercive measure to ensure that a person surrenders and interferes with petitioner's right of personal liberty and free movement. LOC is to...

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Dealing with a Public Interest Litigation (PIL) plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it would not perform its duty, as and when the...

Kerala HC Initiates Suo Motu PIL For Protection And Rehabilitation Of Children In Streets

The Kerala High Court on Tuesday initiated suo motu Public Interest Litigation captioned 'Protection and Rehabilitation of Children in Streets' on noting the plight of the nomadic children begging or selling knick-knacks at busy junctions and tourist spots. The Suo Motu PIL has been initiated with the intention that such children ought to be taken care of, sent to shelter homes or...

Influence Of Money A Big Hurdle In Free And Fair Probe; Influential People Pressurize Police Officers: Allahabad High Court

In a significant observation, the Allahabad High Court has said that the influence of money in conducting an investigation is quite evident and it is a very big hurdle in the free and fair investigation of a crime and case.Noting that under the pressure of work, police undertake a mechanical investigation of the crimes, the bench of Justice Siddharth further observed that the...

Income Tax Act Provisions Being Used As A Weapon, Re-Assessment Proceedings Classic Case Of Abuse Of Power: Newslaundry To Delhi High Court

Sub clause (ii) of the Second Explanation of the amended Section 148 of the Income Tax Act, 1961 challenged

Financial Benefits To Assessee Can't Be A Ground To Levy Interest Without A Statutory Provision: Bombay High Court

The Bombay High Court has ruled that penalty or interest on additional customs duty (CVD) and special additional duty of customs (SAD), or surcharge, which is not connected to the basic customs duty, cannot be imposed in the absence of an explicit substantive provision. The Division Bench of Justices K.R. Shriram and A.S. Doctor observed that there was no substantive provision...

Homebuyers Are In Default; NCLT Delhi Dismisses Plea For Initiation Of CIRP Against Developer

The National Company Law Tribunal (NCLT), New Delhi, while adjudicating a petition filed by Homebuyers / Allotees against Developer Company / IREO ("Amit Kumar Sinha & Ors. v. Ireo Private Limited"), has rejected the petition under Section 7 Application under Insolvency and Bankruptcy Code, 2016 ("IBC"), holding that if the allottees themselves are in default, the Corporate Debtor...

NCLT Depreciates Filing Of Bulky Applications By Resolution Professional & Liquidator

Recently, the National Company Law Tribunal, Principal Bench comprising of Justice Ramalingam Sudhakar and Mr. Avinash Srivastava expressed it displeasure upon the practise of Resolution Professional/ Liquidators for filing bulky applications even for trivial matters such as extension of liquidation period. The bench was adjudicating an application for extension of time moved by...

High Court Dismisses Plea Alleging Delhi Govt's Tender Conditions For Midday Meal Scheme Are 'Tailor-Made' For Existing Players

The Delhi High Court has dismissed a plea challenging the tender conditions set by Delhi Government with regard to the contract for preparation and supply of mid day meals to children of primary and upper primary classes of Government Aided Schools and Alternative and Innovative Education (AIE) Centres under the Samagra Shiksha Abhiyan. A division bench of Chief Justice Satish Chandra Sharma...