News Updates
Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers
The Kerala High Court recently considered whether in cases where final report is filed within the statutory time limit of investigation, accused person’s entitlement for bail under Section 167(2) CrPC would subsist, if the charge sheet is found defective, and returned for curing the defects after the statutory time limit is over. Single Judge Bench of Justice V.G. Arun observed,...
Can't Entertain Plea For Demolition Unless It Specifies Particular Area Of Encroachment: Gujarat High Court
The Gujarat High Court has made it clear that it cannot issue a direction simply on a plea for demolition, not describing the particular area which is allegedly under encroachment.Single bench of Justice Nirzar S. Desai dismissed a writ petition seeking demolition of alleged illegal encroachment in Gujarat Housing Board in Chandkhela area of Ahmedabad. It observed,“Unless the petition...
Delhi High Court Directs MCD To Ensure Patients Living In Leprosy Colonies Are Not Evicted
The Delhi High Court has directed Municipal Corporation of Delhi (MCD) to ensure that the patients residing in leprosy colonies are not evicted and there are no encroachments on the land.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that leprosy affected persons should be considered for appointment under persons with disability quota and...
Prof (Dr) GS Bajpai Takes Over As Vice-Chancellor Of National Law University, Delhi
Prof (Dr) GS Bajpai has been appointed as the Vice-Chancellor of the National Law University, Delhi and assumed the charge on February 28.Prof Bajpai has succeeded Prof. SriKrishna Deva Rao, who was appointed as the Vice-Chancellor of the NALSAR University of Law, Hyderabad in November last year. Prof. Bajpai has formerly served as the Vice-Chancellor of the Rajiv Gandhi National University...
Cannot Rescue Litigant Filing "Cryptic" Delay Condonation Application Without Giving Proper Account Of Dates: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court recently dismissed a ‘cryptic’ delay condonation application for not giving proper account of dates.A bench comprising Justice MA Chowdhary observed, "Courts cannot come to aid and rescue of litigant where application for condonation does not spell out sufficient cause and the approach of petitioners, in making such application in casual and...
Kerala High Court Monthly Digest - February 2023 [Citations 53-108]
Nominal Index Citations [2023 LiveLaw (Ker) 53-108] P.K. Sajeev & Ors. v. Eldho P. Mathew & Ors. 2023 LiveLaw (Ker) 53 Prakashan and Ors. v. State of Kerala 2023 LiveLaw (Ker) 54 The President, Vennoor Services Cooperative Bank v. State of Kerala & Ors. 2023 LiveLaw (Ker) 55 Suresh Kumar V State of Kerala 2023 LiveLaw (Ker) 56 S. Sivadas v. State of Kerala and other...
Tax Cases Monthly Round-Up: February 2023
Indirect Taxes Delhi High Court Budgetary Support Under GST Regime Can’t Be Denied To Eligible Unit: Delhi High Court Case Title: M/s Special Cables Pvt Ltd versus Central Board of Indirect Taxes and Customs & Ors. Citation: 2023 LiveLaw (Del) 120 The Delhi High Court has directed the revenue authorities to grant budgetary support to a manufacturing unit under...
Delhi High Court Issues Notice On PIL Seeking 'Cow Protection Cell' In National Capital
The Delhi High Court on Thursday issued notice on a public interest litigation seeking a separate cow protection cell in every district and to stop cow slaughtering in the national capital.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response of Union of India through Ministry of Home Affairs, Delhi Government and Delhi Police and...
Will Estoppel Apply In Favour Of Person Who Unaware Of Failure In Intermediate Exam Gets Higher Education, Job? Orissa HC Full Bench To Decide
A Full Bench of Orissa High Court comprising Chief Justice Dr. S. Muralidhar, Dr. Justice Sanjeeb Kumar Panigrahi and Justice Murahari Sri Raman on Wednesday reserved judgment in a reference which was made by a Division Bench to decide the correctness of a decision rendered by another Division Bench wherein it was held that the rule of estoppel will apply in favour of a person who without...
Can’t Assume Accused Dominated Victim To Sexually Exploit Her Merely Because She Belongs To ST Community: Chhattisgarh High Court
The Chhattisgarh High Court has held that merely because victim belongs to Scheduled Tribes (ST) community, it cannot be assumed that accused dominated her will to sexually exploit her, an act which is punishable under Section 3(1)(xii) (as it stood before 2016 amendment) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [‘the SC & ST Act’].While setting aside...
Relationship Cannot Be Said To Have "Religious Angle" Merely Because Boy And Girl Are From Different Religions: Bombay High Court
A case will not have religious angle merely because the boy and girl in a relationship are from different religions, the Aurangabad bench of Bombay High Court held recently.A division bench of Justice Vibha Kankanwadi and Justice Abhay Waghwase granted anticipatory bail to a Muslim woman and her family accused of forcing a Hindu man to convert to Islam and held – “It appears that now...
EPF Pension : Kerala High Court Restrains EPFO From Reducing Higher Pension Received By Petitioners
The Kerala High Court on Wednesday, while considering the plea moved by persons aggrieved by the abrupt discontinuance or reduction of the pension that was being received by them, directed that the same shall not be curtailed, limited or stopped without specific orders from the Court. Justice Raja Vijayaraghavan passed the above directive in light of the fact that the matter was under the...