News Updates
Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay: Bombay HC
A party cannot approach the High Court under Section 482 CrPC at his whim and caprice merely because the provision does not stipulate any period of limitation, the Bombay High Court has held. Division bench of Justices Vibha Kankanwadi and Rajesh S. Patil sitting at Aurangabad observed that within what time a petitioner should approach the Court under Section 482 CrPC depends upon...
Court Staff Required To Be Vigilant, Dereliction Of Duty Cannot Be Ignored Or Forgiven: Delhi HC Upholds Dismissal of Reader & Assistant Ahlmad
Observing that the court staff are required to be vigilant and well-versed with the day-to-day functioning of courts, the Delhi High Court has said they cannot claim ignorance of the procedures and the relevant safeguards, which are required to be followed.A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said:"They [court staff] are, in fact, required to be more vigilant...
'Marriage Dissolved, Chargesheet U/S 498A Without Any Substance': Karnataka HC Quashes Proceedings
The Karnataka High Court while quashing a case registered by a woman against her ex-husband and in-laws under section 498-A (dowry harassment) said the charge sheet filed on the basis of omnibus and general allegations is without any substance. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Dr. Shahul Hameed Valavoor and others and...
Department Failed To Pass Re-Assessment Order Within Prescribed Time Limit: Delhi High Court
The Delhi High Court has quashed the show-cause notice and the reassessment order as the department failed to pass the reassessment order within the prescribed time limit.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that the department could not have issued another notice to the petitioner/assessee under Section 148A(b) dated June 2, 2022, after...
Right To Controvert Government Analysts' Report U/S 25 of Drugs & Cosmetics Act Is An Indefeasible Right: Himachal Pradesh High Court
The Himachal Pradesh High Court recently held that a report of the Government Analyst under Section 25 of the Drug and Cosmetics Act is a conclusive evidence of facts unless the person, from whom the sample was taken, notifies within 28 days of receipt of a copy of the report that evidence in controversion will be adduced.Justice Satyen Vaidya held that such right to controvert the report is...
DGFT Notifies Export Quota Of Broken Rice For LCs Prior To September 08, 2022
The Director General of Foreign Trade (DGFT) has notified the export quota of broken rice for Letters of Credit (LCs) prior to September 8, 2022, for the Financial Year 2022–23.The DGFT notified a quota of 3,97,267 MT for the export of broken rice only for the LCs opened before the notification dated September 8, 2022. For the export during the Fiscal Year 2022-23, the message exchange...
Court Cannot Substitute Its View For Qualification Requirements Prescribed By Organization While Advertising Vacancies: Delhi High Court
The Delhi High Court has observed that courts cannot substitute their view for the qualification requirements prescribed by an organization while advertising vacancies to a post.A division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela observed:"It is open to an organization while advertising its vacancies to prescribe qualifications as may be suitable, in the view of...
Whether A Claim Is A 'Notified Claim' Under The Contract, Falls Outside The Scope Of Arbitration: Delhi High Court
The Delhi High Court has ruled that the dispute whether a claim raised by a party is a 'Notified Claim' under the Contract, which can be referred to arbitration as per the arbitration clause, falls outside the scope of arbitration. The Single Bench of Justice Vibhu Bakhru observed that as per the arbitration clause contained in the General Conditions of Contract (GCC),...
Leniency Shown In Taking Belated Written Statements On Record Cannot Mean CPC Procedure And Time Limits Are Forgotten: Delhi High Court
The Delhi High Court has observed that the leniency shown by it in taking belated written statements on record cannot mean that the procedure and time limits prescribed in the Code of Civil Procedure are completely forgotten. "Ordinarily, the court exhibits leniency in the matter of taking belated written statements on record, so as to ensure that parties have full rights to prosecute...
Delhi Assembly Elections: Court Dismisses Plea Seeking FIR Against Arvind Kejriwal, Prakash Jarwal; Calls It 'Abuse of Process'
A Delhi Court recently dismissed a Section 156(3) application seeking FIR against Chief Minister Arvind Kejriwal, Aam Aadmi Party leaders Gopal Rai and Prakash Jarwal and others in connection with the Delhi Assembly Elections 2020.Additional Sessions Judge Vrinda Kumari dismissed the complaint with a cost of Rs. 1000, observing that it did not disclose commission of any cognizable offence....
Mutation Order Cannot Be Based On Title Deed When Title To Property Under Dispute: Andhra Pradesh High Court
The Andhra Pradesh High Court, while hearing a writ petition challenging the mutation proceedings and the mutation order passed by the Municipal Commissioner, Tirupati ('Commissioner'), held that mutation orders must be made on the basis of possession and not based on title deed, when the title itself is contested. The petitioner had filed the petition for the issuance of the writ...
Third Gender Candidates Entitled To Special Reservation: Madras High Court
The Madras High Court has directed the state Health and Family Welfare Department and Directorate of Medical Education to provide special reservation to the third gender/ transgender in the admissions for Post Basic (Nursing) Course.The direction was passed after a transgender woman approached the court with a plea seeking quashing of the Prospectus issued for the Post Basic (Nursing) Course...