News Updates
Demolition Action Cannot Be Taken Against Allegedly Unauthorised Property Unless Owner/ Resident Is Given Adequate Opportunity Of Hearing: Delhi HC
The Delhi High Court has observed that a property cannot be demolished on the ground that it is unauthorized, unless the owner or resident is given an adequate opportunity of hearing. Justice C Hari Shankar added that it is no answer to compliance with the principles of natural justice to contend that if an opportunity was granted, the persons affecting would not have had any defense to...
Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall within the ambit of...
"Sexually Provocative Dress" Remark : Kerala High Court Dismisses Sessions Judge's Plea Challenging Transfer
The Kerala High Court on Thursday dismissed the plea moved by the Principal District and Sessions Judge, Kozhikode, challenging his transfer order to the post of Presiding Officer, Labour Court, Kollam. The transfer was made after the judge made the controversial "sexually provocative dress" remark in the order granting bail to Civic Chandran in a sexual harasssment case.The bench of Justice...
Essential Commodities Act | Storage Limit Prescribed In Non-Compliance Of Statutory Mandate Cannot Lead To Criminal Action: Jharkhand High Court
The Jharkhand High Court has made it clear that non-compliance with statutory requirements with respect to prescribing limit for storage of goods, cannot attract criminal liability.The observation was made while quashing multiple FIRs registered under Section 7 of the Essential Commodities Act against the Petitioners, over storing pulses in excess of the limit prescribed under Clause 18 of...
Reference Court Inquiry To Determine Land Acquisition Compensation Is Independent, Not An Appeal Over Award Passed By Collector: Himachal Pradesh HC
The Himachal Pradesh High Court recently stated that the Reference Court under Land Acquisition Act holds an independent inquiry so as to arrive at a just compensation payable to the person seeking enhancement before it.Justice Satyen Vaidya observed: "The Reference Court does not sit as a Court of appeal over the award passed by the Land Acquisition Collector. In Ashok Kumar and...
Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court
The High Court of Delhi has held that when the plaintiff makes an offer to the defendant to amicably settle the dispute and the defendant refuses the offer then in that circumstance, the requirement of pre-litigation meditation stands satisfied. The Bench of Justice Prathiba M. Singh while reiterating that pre-litigation mediation as provided under Section 12-A of the CCA is a...
Punjab & Haryana High Court Weekly Round Up: 22 August To 28 August, 2022
Nominal Index Raman Kumar Versus State of Punjab 2022 LiveLaw (PH) 231 Rajinder Trehan. Versus M/s HDFC Bank Ltd. 2022 LiveLaw (PH) 232 National Insurance Company Limited Versus Roopa and others 2022 LiveLaw (PH) 233 Om Prakash Soni Vs State of Punjab and others, and connected matters 2022 LiveLaw (PH) 234 Mandeep Kaur Versus State of Punjab , with connected...
OTS Being Under Consideration Does Not Invalidate An Order For Liquidation: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Ram Bhaj Jain v Tarun Batra & Anr., has held that mere fact that the Corporate Debtor's One Time Settlement was under consideration,...
Kerala High Court Stays Single Judge Bench Direction To State Govt To Release Funds To KSRTC
The Kerala High Court on Wednesday stayed an order passed by the single judge bench of the Kerala High Court directing the State directing it to release requisite funds to KSRTC to clear salary dues of its employees for the months of July and August, along with the bonus eligible to those below the managerial cadre on or before the 1st September.The Division Bench consisting of Justice A...
Refiling After Removal Of Defects Is Not A Fresh Filing: NCLAT New Delhi
A five judge bench of the National Company Law Appellate Tribunal (NCLAT) comprising of Justice Ashok Bhushan, Justice Rakesh Kunar, Justice M Satyanarayana Murthy, Ms. Shresha Merla and Mr. Kanthi Narahari held that refiling of an appeal after curing the defects beyond the period of seven days will amount to a fresh filing and any delay even beyond the period prescribed under Section...
No Legislative Competence To Amend KVAT Act After Introduction Of GST Act: Kerala High Court
The Kerala High Court has held that legislative competence to amend the Kerala Value Added Tax (KVAT) Act after the introduction of the GST Act is impermissible.The division bench of S.V.Bhatti and Justice Basant Balaji has observed that the amendment made by the Finance Act of 2018 to the provisions of the erstwhile KVAT Act to enable the department to initiate assessment proceedings...
