News Updates
Speedy Trial Is A Right Not Only Of Complainant But Accused Also: Allahabad High Court Quashes A 24-Year-Old Criminal Case
The Allahabad High Court recently quashed a 24-year-old criminal case as it stressed that a speedy trial is an integral part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution.The bench of Justice Saurabh Shyam Shamshery also expressed its anguish that unnecessary and baseless criminal proceedings are pending for the last many years, as it noted that in...
Faulty Pressure Cookers: Delhi High Court Keeps In Abeyance CCPA's Order Asking Amazon To Recall Items, Reimburse Customers
The Delhi High Court on Tuesday kept in abeyance an order passed by Central Consumer Protection Authority (CCPA) asking Amazon to recall the domestic pressure cookers that allegedly did not meet the mandatory standards and reimburse the costumers. Hearing an appeal preferred by Amazon against the CCPA order, Justice Yashwant Varma, however, also asked Amazon to deposit the penalty of Rs. 1...
'IO Contradicted His Own Statement, Accused's Identification An Afterthought': Court Acquits Man In Delhi Riots Case
A Delhi Court has acquitted a man, Noor Mohammad alias Noora in a case connected to the 2020 riots, observing that his identification was "probably the outcome of an after thought development" of the probe agency.Noting that the investigating officer ASI Jeevanand testified that beat constable Sangram told him about Noora's involvement for the first time on April 2, 2020, Additional...
Suspension For Alleged Misconduct Not Punishment But Prolonged Suspension Amounts To Punishment: J&K&L High Court
The High Court of J&K and Ladakh recently held that suspension of an employee over alleged misconduct is not a punishment but, if the suspension is prolonged for more than 4 years, then it amounts to punishment, as it has very strong stigmatic social connotations. The observations were made by a bench of Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal while...
Karnataka HC Quashes Order Prohibiting Sri Rama Sene Founder From Meeting Praveen Netturu's Family
The Karnataka High Court recently set aside an order restraining Sri Ram Sene Founder Pramod H. Mutalik from meeting the family of Bharatiya Janata Yuva Morcha (BJYM) leader Praveen Netturu, who was killed on July 26 at Bellare in Mangaluru. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Mutalik and said, "The order dated 27.07.2022 passed by...
Bank Cannot Backout From OTS Offer After It Is Accepted By Borrower: Madhya Pradesh High Court
The Madhya Pradesh High Court recently held that a Bank cannot backout from implementing the One Time Settlement (OTS) offer it had proposed, after it was accepted by the borrower.Calling such an action by the Bank as arbitrary and unreasonable, Justice Sanjay Dwivedi observed-In the case at hand, the petitioner being a guarantor had mortgaged his personal property and after much...
Employee Deemed To Be Suspended Due To Criminal Charges Not Entitled To Back Wages Upon Acquittal, Unless Suspension Wholly Unjustified: Bombay HC
The Bombay High Court has recently held that an employee deemed to be suspended due to criminal charges is not entitled to back wages despite his acquittal as a deemed suspension is not a discretionary decision and cannot be considered unjustified."Even where the employee is acquitted of the charges in criminal trial for lack of evidence or otherwise, it is for the competent authority to...
Losses Of Upto 1% Can Be Allowed Without Detailed Scrutiny : CESTAT
The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the demand of excise duty against Hindustan Petroleum and held that losses of up to 1% can be allowed without detailed scrutiny.The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that there was no allegation, let alone evidence, that...
Patra Chawl Scam: ED Files Chargesheet Against Sanjay Raut For Allegedly Laundering Over ₹3 Crore Proceeds of Crime
A special PMLA court on Monday took cognisance of the Enforcement Directorate's supplementary chargesheet in the Patra Chawl Scam against Shiv Sena MP Sanjay Raut. ED has accused Sanjay Raut and the others of committing offences under section 3 read with section 2(1)(u) of the Prevention of Money Laundering Act 2002 (PMLA). Earlier, four other accused were charge sheeted. The...
Madras HC Lists Former Minister SP Velumani's Quashing Petitions Before Special Bench
The Madras High Court on Tuesday directed the Registry to place the quashing petitions filed by former Tamil Nadu minister SP Velumani before a division bench that deals with cases relating to MPs and MLAs. The bench of Acting Chief Justice M Duraiswamy and Justice Sunder Mohan also extended the interim stay till the next date of hearing before the appropriate bench. The minister had moved...
Serving Of Liquor Is Not A Charitable Activity, Income Tax Exemption Can't Be Granted: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that serving liquor is not a charitable activity and the income tax exemption cannot be granted.The two-member bench of Yogesh Kumar (Judicial Member) and Shamim Yahaya (Accountant Member) has observed that the Commissioner of Income Tax (Exemption) has relied on various bills of the Appellant wherein the service of liquor...
Lawyer Moves Kerala High Court Against Bharat Jodo Yatra Led By Congress MP Rahul Gandhi
A Petition has been filed before the Kerala High Court against the Bharat Jodo Yatra led by Congress MP Rahul Gandhi, seeking direction to regulate the Yatra for causing traffic problems. The petition filed by Advocate Vijayan K, sought for a direction to regulate the Yatra by permitting them to occupy half portion of the road and leaving the other half for the free movement of the vehicles...