J&K&L High Court Dismisses Plea Seeking Exemption From Installation Of Tracking Devices & Panic Buttons In Public Vehicles Under CMV Rules

The Jammu and Kashmir and Ladakh High Court on Friday dismissed a plea seeking exemption from the requirement of installing Vehicle Location Tracking Devices (VLTD) and Panic Buttons in public service vehicles till establishment of Command and Control centres in the union territory.Justice Sanjeev Kumar said the "court cannot issue a writ of mandamus to the authorities for acting contrary to...

Delhi High Court Weekly Round-Up: October 17 To October 23, 2022

Citations 2022 [LiveLaw (Del) 980 TO 2022 LiveLaw (Del) 1005]NOMINAL INDEXIC-76585M MAJOR NISHANT KAUSHIK vs UNION OF INDIA AND ORS 2022 LiveLaw (Del) 980Manika Batra v. Table Tennis Federation of India & Ors. 2022 LiveLaw (Del) 981Umar Khalid v. State 2022 LiveLaw (Del) 982M/S CELL PAGE COMMUNICAITON v. VIJAY SHANKAR PANDEY 2022 LiveLaw (Del) 983ABC v. State 2022 LiveLaw (Del) 984PCIT...

Appeals Against Ex-Parte Orders Should Not Be Encouraged, Defendant Can Always Approach Single Judge: Bombay High Court

The Bombay High Court in an order on a commercial appeal deprecated the practice of filing appeal against ex parte orders and stated that there are inbuilt safeguards in such orders which facilitate the defendants to approach the Single Judge, who passed the order, to vacate, modify or limit the same. The division bench of Justice G. S. Patel and Justice Gauri Godse was dealing with...

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court

The Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable even in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law.The court made the observation while relying upon Supreme Court's observations...

A Candidate Who Is Not In Reserve Or Waiting List Cannot Have Right Of Consideration: Delhi High Court

The Delhi High Court has said that a candidate, who is not falling in the reserve or waiting list, cannot claim a right to be considered for the appointment.A division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela said there is a sanctity attached to a reserve or waiting list by which candidates within such a list may be considered for appointment against vacancies created...

Once Marriage Stands Validly Dissolved By Foreign Court, Proceedings Under Domestic Violence Act Cannot Be Initiated : J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that once a marriage stands validly dissolved by a competent foreign court, the "domestic relationship" between the parties as husband and wife, which is necessary to invoke the provisions of the Domestic Violence Act, also ceases.The observations were made by the bench of Justice Vinod Chatterji Koul in a verdict on the petition...

Make My Trip, Go-Ibibo And Oyo Penalised For Rs. 392.36 Crores By CCI For Anti Competitive Practices

The Competition Commission of India ("CCI") Bench, comprising of Mr. Ashok Kumar Gupta (Chairman), Ms. Sangeeta Verma (Member) and Mr. Bhagwant Singh Bishnoi (Member), while adjudicating the matter of Federation of Hotel & Restaurant Associations of India (FHRAI) & Anr. v MakeMyTrip India Pvt. Ltd. (MMT) & Ors., has held that the commercial arrangement between Make My...

Section 13B(2) Hindu Marriage Act | Six Months Cooling Period Directory, Not Mandatory: Madhya Pradesh High Court

The High Court of Madhya Pradesh, Gwalior Bench recently said that the requirement of cooling period of six months between filing and allowing of an application under Section 13B(2) of the Hindu Marriage Act is directory and not mandatory.The Court was dealing with a petition whereby the parties were challenging an order passed by the family court, wherein their prayer for waving off the...

Delhi High Court Orders Sadar Bazar Trader To Pay ₹5 Lakh To Aero Group For Selling Counterfeit Woodland Products

The Delhi High Court has permanently restrained a trader in the national capital from manufacturing or selling counterfeit Woodland products and directed it to pay Aero Club a sum of Rs 5 Lakh within three months.Woodland's Parent Company Aero Club had approached the high court last year seeking permanent injunction restraining the infringement of its trademark and copyright. Aero Club or...

10% Community Quota For Non-Minority, Non-Backward Classes Unconstitutional: Kerala High Court On State's School Admissions Policy

A division bench of the Kerala High Court recently upheld the decision of the Single Judge holding community-based reservation of 10 percent seats in plus one admissions of aided higher secondary schools run by managements, other than minorities and other backward classes communities, as unconstitutional. The government in July decided to split the 30 percent management quota seats in...

Subleasing Of Containers; Deemed Sale , Service Tax Not Applicable ; Bombay High Court

The Bombay High Court has ruled that service tax would be applicable on transfer of goods only in cases where there is no "transfer of right to use" the said goods. The bench of Justices K. R. Shriram and A. S. Doctor ruled that in view of Article 366(29A)(d) of the Constitution of India, transfer of right to use goods is a deemed sale, which is subject to Sales Tax/VAT. The Court...

Works contract services provided to Malabar Cancer Centre Attracts 18% GST: Kerala AAR

The Kerala Authority of Advance Ruling (AAR) has held that work contract services provided to Malabar Cancer Centre attract 18% GST with effect from 01.01.2022.The two-member bench of S.L. Sreeparvathy and Abraham Renn S. has observed that Malabar Cancer Centre is a society established by the State Government with 100 per cent participation by way of equity or control, to carry out the...