'Mughal Mosque' Situated Within Qutub Complex A Protected Monument: Centre Tells Delhi HC In Plea Alleging Stopping Of Prayers

The Delhi High Court will hear on September 12 a plea filed by Managing Committee of Delhi Waqf Board against alleged stopping of prayers in a mosque adjacent to Eastern Gate of Qutub Minar in city's Mehrauli area. The Mosque in question, referred to as the 'Mughal Mosque' by the Waqf Board, is situated within the Qutub Complex. However, it is outside the Qutub enclosure and is not the...

Supreme Court Collegium Recommends Elevation Of 9 Judicial Officers As Calcutta High Court Judges

The Supreme Court Collegium has approved the proposal for elevation of nine Judicial Officers as Judges in the Calcutta High Court.The approval was given in its meeting held on 25th July, 2022. Following are the Judicial Officers whose proposal for elevation has been approved: 1. Shri Biswaroop Chowdhury, 2. Shri Partha Sarathi Sen, 3. Shri Prasenjit Biswas, 4. Shri Uday Kumar, 5. Shri...

How Can A Statement Recorded U/S 164 CrPC Be Defamatory? Kerala High Court Reserves Order In Saritha's Plea

The Kerala High Court on Monday reserved its verdict on the plea moved by Saritha S. Nair, the prime accused in the infamous solar panel scam seeking a direction to provide her with copies of the Section 164 statement given by Swapna Suresh, an accused in the diplomatic gold smuggling case.Justice Kauser Edappagath, while hearing the submissions made by the petitioner's counsel that...

Supreme Court Collegium Recommends Elevation Of 13 Advocates As Punjab &Haryana High Court Judges

The Supreme Court Collegium has approved the proposal for elevation of thirteen Advocates as Judges in the Punjab and Haryana High Court.The approval was given in its meeting held on 25th July, 2022. Following are the Advocates whose proposal for elevation has been approved: 1. Ms. Nidhi Gupta, 2. Shri Sanjay Vashisth, 3. Shri Tribhuvan Dahiya, 4. Shri Namit Kumar, 5. Shri...

Supreme Court Collegium Recommends Elevation Of 2 Judicial Officers As Gauhati HC Judges

The Supreme Court Collegium has approved the proposal for elevation of two Judicial Officers as Judges in the Gauhati High Court. The approval was given in its meeting held on 25th July, 2022. Following are the Judicial Officers whose proposal for elevation has been approved: 1. Smt. Susmita Phukan Khaund, and 2. Smt. Mitali ThakuriaClick Here To Read Collegium...

Dishonour Of Cheque | S.27 General Clauses Act Presumes Service Of Statutory Notice In Favour Of Complainant: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.The bench comprising Justice Jasjit Singh Bedi was dealing with a revision petition against the judgment passed...

[Railway Accident] Person Not Being A Rly Servant Travelling In A Goods Train Not Entitled To Compensation: Jharkhand High Court

In an important observation, the Jharkhand High Court has said that if a person, not being a railway employee, is traveling in a goods train and falls down from such a train, then he is not entitled to compensation from the Railway administration.The bench of Justice Ananda Sen further clarified that if such a person cannot be treated as a passenger in terms of Section 123(C)(2) of the...

Punjab & Haryana High Court Weekly Roundup: July 17 To July 24, 2022

Nominal Index Kuljas Rai Versus Punjab State Power Corporation Limited Service 2022 LiveLaw (PH) 190 Yusuf Versus State of Haryana 2022 LiveLaw (PH) 191 National Insurance Company Limited through its Assistant Manager Vs. Satya Devi (since deceased) through her Legal Heirs and others 2022 LiveLaw (PH) 192 Mamta Rani Versus State Of Haryana 2022 LiveLaw (PH)...

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused

The Allahabad High Court last week granted bail to a murder accused as it noted that 13 years of incarceration without conclusion of the trial had violated his fundamental right to a speedy trial.The bench of Justice Ajay Bhanot was dealing with the 4th bail application of the murder accused (Mahesh Chandra Shukla) seeking his release on bail in a criminal case under Sections 302, 307, 323,...

JJ Act | Enquiry U/S 15 By Juvenile Justice Board Not Mandatory Before Consideration & Grant Of Bail U/S 12: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently held that there is no requirement of prior consideration of the social investigation report by JJ Board while considering a bail plea under section 12 of the Juvenile Justice Care and Protection Act, as that was never intended by the legislature. A bench comprising Justice MA Chaudhary observed: "The primary assessment of a child...

Karnataka Govt Has Not Given Permission For Radio-Collaring Of Tigers: High Court Closes PIL

The Karnataka High Court on Monday disposed of a petition filed in the year 2009 questioning the action of radio collaring of tigers in the Nagarhole National Park. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty said, "The State government had constituted an expert committee to conduct a detailed study on the death of tigers in Nagarhole National...

Inland Haulage Charges Received By Shipping Companies Not Taxable As Business Profit: ITAT Mumbai

The Mumbai Bench of ITAT has reiterated that the activity of Inland Haulage is directly connected with the transportation of goods in international traffic and thus, Inland Haulage Charges are not taxable as business profit in India in view of Article 8 of the India-UAE DTAA (Double Taxation Avoidance Agreement). The Bench, consisting of Vikas Awasthy (Judicial Member) and...