Delhi High Court Upholds Validity Of Centre's 2013 Notification For Compounding Offences Before Institution Of Prosecution Under FCRA

The Delhi High Court has upheld the validity of Ministry of Home Affairs' notification dated April 26, 2013 specifying the officers competent for compounding the offences before institution of any prosecution, issued under sec. 41(1) of the Foreign Contribution (Regulation) Act, 2010. The said provision states that any offence punishable under the FCRA Act, not being an offence punishable...

J&K Migrant Immovable Property Act | Only District Magistrate Has Authority To Hold Enquiry Into Alienation Made In Contravention Of Act: High Court

The Jammu and Kashmir and Ladakh High Court on Thursday ruled that the Divisional Commissioner is only the authority competent to grant permission for alienation under Section 3 of the J&K Migrant Immovable Property 1997, whereas it is the District Magistrate having the jurisdiction in the area where the property is situated, who is given authority to hold an enquiry into...

Temporary Official Appointed On Daily Rated Or Work Charge Basis To Do Specific Job Cannot Claim Seniority For Such Service Period: Delhi High Court

The Delhi High Court has held that a temporary official who is purely appointed on daily rated or work charge basis for specific period to do a specific job, cannot claim to be a regular employee of an establishment and thus cannot claim seniority for the period of his service rendered on work charge basis.Justice Gaurang Kanth was dealing with a plea filed by BSES Yamuna Power...

Art. 227 | Not Proper To Re-appreciate Evidence & Substitute Own Findings Only Because Second View Possible: Orissa High Court Reiterates

The Orissa High Court has reiterated that it is not proper for the High Court to re-appreciate evidence while exercising jurisdiction under Article 227 of the Constitution and thereby to substitute its own views in the place of views expressed by the Courts below only on the ground that a second or alternative view is possible. While dismissing the petition which called...

Courts Flooded With Litigations, No Time For Frivolous Petitions: Rajasthan HC Imposes ₹25 Lakh Cost On Party For Concealing Relevant Facts

The Rajasthan High Court has recently observed that any citizen whose rights are infringed by any Authority or by any person, has a right to seek remedy by approaching the Courts of law, however, such right should not be misused by concealing important facts. The court added that the litigant who files any case before any forum has to come with clean hands and he has to disclose complete...

'Provocative Dress' Remark : Sessions Judge Files Appeal Before Kerala HC DB Against Single Bench Order Upholding Transfer

The Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who passed the controversial 'Provocative Dress' order in Civic Chandran's case, has approached the Kerala High Court challenging the dismissal of the plea moved by him challenging his transfer to the post of Presiding Officer, Labour Court, Kollam.In the Writ Appeal moved through Advocate Mathew J Murikan, the...

NOC Of Trademark Office Mandatory For Claiming Copyright Registration Of Artistic Work In Respect Of Goods & Services: Delhi High Court

The Delhi High Court has observed that in order for any person to obtain copyright registration of an artistic work which is being used or is capable of being used in respect of any goods and services, the no objection certificate (NOC) is mandatorily to be obtained under the proviso of sec. 45(1) of the Copyright Act, 1957. The said proviso states that the application for entering particulars...

No Plans To Return Elephant Joymala To Assam: TN Govt Tells High Court

Amid rifts between the Assam and the Tamil Nadu government over the custody of Joymala- a temple elephant leased by Assam to Tamil Nadu, the Tamil Nadu government on Thursday informed the Madras High Court that it did not intend to send the elephant back to Assam. Additional Advocate General J Ravindran made the submission before a bench of Acting Chief Justice M Duraiswamy and...

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act (POCSO Act).Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that...

Presumption U/S 113-B Evidence Act Not Attracted If Incident Of Cruelty Has Become So Stale To Not Disturb Mental Equilibrium Of Woman: MP High Court

The Madhya Pradesh High Court, Indore Bench recently, while interpreting the provisions under Section 113-B Evidence Act, held that if the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence. Elaborating on the term "soon before her death" mentioned under Section 113-B...

Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court

The Karnataka High Court has ruled that the issue whether an agreement containing an arbitration clause stood novated with the execution of a second agreement and thus, the arbitration agreement between the parties was not subsisting, cannot be decided at the stage of reference to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), since it...

Where Doctrine of Desuetude Applies To A Statute, It Will Also Apply To Schemes Framed Under Such Statute: Kerala High Court

The Kerala High Court on Wednesday observed that where the 'Doctrine of Desuetude' could find application in the case of statutes, there was no reason for the same not to apply to a scheme that had been framed under the provisions of that Statute. Justice T.R. Ravi, while observing so, noted that relying upon the findings of the Apex Court in Monnet Ispat & Energy Ltd. v. Union of India,...