News Updates
Owner's Failure To Provide Accommodation To Occupier After Demolitions U/S 412A Kolkata Municipal Corporation Act Not Subject To Police Action: High Court
In a case against a proceeding under Section 412A of the Kolkata Municipal Corporation Act, 1980 (KMC Act), the Calcutta High Court held that failure on the part of the owner in providing an accommodation to the petitioner, claiming to be an occupier of the dilapidated building that was demolished, cannot be a subject matter for consideration by the police authorities.Section 412A empowers...
Ensure Transparency & Objectivity In System To Select & Appoint State Law Officers: Allahabad High Court Seeks UP Govt's Affidavit
Hearing a Public Interest Litigation (PIL) Plea challenging the recent appointments of state law officers alleging that the process was not transparent, the Allahabad High Court has stressed the need to reform the system of selection and appointment of the State Law Officers and has remarked the entire process should be more transparent and objective.Referring to the Apex Court's ruling in...
Gyanvapi Dispute: Varanasi Court Reserves Order On Masjid Committee's Challenge To Maintainability Of Hindu Worshippers' Suit
A Varanasi court today reserved its order on a plea moved by the Anjuman Islamia Masjid committee questioning the maintainability of the suit filed by five Hindu women (plaintiffs) over the Gyanvapi Mosque-Kashi Vishwanath temple dispute.The suit by Hindu women worshippers seeks year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi....
Article 19(1)(g) | Citizens' Right To Establish Educational Institution Can Be Restricted Only By Legislative Enactment, Not Mere Circulars: Delhi HC
The Delhi High Court today accepted an argument that a citizen cannot be deprived of the right to establish and administer an educational institution, unless the legislature in its wisdom decides to impose a reasonable restriction in general public interest on exercise of this fundamental right.Justice Rekha Palli observed that any restriction on the exercise of the right under Article...
Talaq/Bigamy-Courts Have No Role In Restraining Parties From Invoking Their Personal Law Remedies: Kerala High Court
The Kerala High Court recently, while setting aside two orders restraining a Muslim man from invoking irrevocable Talaq and from conducting a second marriage, held that the Courts have no role in restraining the parties from invoking their personal law remedies as otherwise, it would be violative of their rights protected under Article 25 of the Constitution of India. Division Bench consisting...
Delhi Riots: Court Acquits Man After Prosecution 'Did Not Care' To Produce S.65B Certificate To Establish His Identity As Mob Participant
A Delhi Court today acquitted one Dinesh Yadav of all the charges in a case concerning 2020 riots observing that his identity as member of riotous mob was not established beyond all reasonable doubts. The Complainant namely Idrish had alleged that on February 25, 2020, his house was put on fire by a riotous mob after committing robbery, thereby inflicting a financial loss of around Rs. 10...
High Court Can Grant "Transit Anticipatory Bail" To Person Apprehending Arrest Even In Absence Of FIR: Gujarat HC
The Gujarat High Court has made it clear that a person apprehending arrest can seek "transit anticipatory bail" so as to obtain time to approach the competent Court having territorial jurisdiction in the matter, even in the absence of registration of FIR.A transit bail is a bail granted by a Court not having jurisdiction over the place where offence was committed. A "transit anticipatory...
GST Exemption On Service Of Educating And Training Farmers Related To Agroforestry: Karnataka AAR
The Karnataka Authority of Advance Ruling (AAR) has ruled that the services of educating and training farmers with regard to agroforestry through scientific research and knowledge do not attract GST. The two-member bench of M.P. Ravi Prasad and T.Kiran Reddy has observed that the applicants, through their mara mitras, not only educate and train farmers with regard to agroforestry...
S.311 CrPC Obligates Trial Court To Recall Witness If Its Evidence Is Necessary To Decide Real Controversy: Andhra Pradesh High Court
Andhra Pradesh High Court, while setting aside an order passed in a criminal petition for trial of cases under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, reiterated that, while dealing with applications under Section 311, CrPC, the Court is required to exercise its discretion judiciously and not capriciously or arbitrarily. The petitioners were...
Application Under Companies Act Against Order Rejecting Waiver Of Interest; Dispute Falls Within Scope Of VSV Act: Delhi High Court
The Delhi High Court has ruled that where an application under the Companies Act has been filed by a company in liquidation against the order of the revenue authorities rejecting the application for waiver of interest for delay in payment of tax dues, the said dispute would fall within the scope of Direct Tax Vivad Se Vishwas Act, 2020 (VSV Act). The Bench consisting of Justices...
Karnataka Olympic Association Moves Supreme Court Supporting IOA Plea Against Delhi HC Direction For Take Over By CoA
Karnataka Olympic Association (KOA) has moved an application for impleadment in the Indian Olympic Association's plea against the Delhi High Court's order as per which the affairs of the Indian Olympic Association were put in the hands of a Committee of Administrators (CoA). KOA is a member of the Indian Olympic Association (IOA) and has filed the impleadment application through its...
Madhu Lynching Case: Kerala High Court Stays Special Court Order Canceling Bail Of 12 Accused
The Kerala High Court on Wednesday stayed an order of the Special Court for SC/ST (Prevention of Atrocities) Act, Mannarkkad, cancelling the bail granted to 12 of the 16 accused in the lynching case of tribal youth, Madhu, accused of stealing food in Attappady in February 2018.Justice Kauser Edappagath stayed the lower court's order till 29th August, 2022 (Monday) on an appeal filed by...