Encroachment Delaying DDA's Yamuna River Restoration Work: Delhi HC Rejects Farmers' Plea For Occupation In Flood Plain, Imposes ₹5K Cost

In a plea for a restrain on Delhi Development Authority (DDA) and other authorities from disturbing the possession of land located on the Yamuna river bank by certain farmers, the Delhi High Court said that it appeared that the petitioners had encroached upon the land which falls in the flood plain area.The court further said that this had also delayed the implementation of...

Plea In Gujarat HC Challenges Validity Of S.75(2) Of CGST Act, Says It Gives Show Cause Notice 'Another Life' Even If Fraud Is Not Proved U/S 74(1)

The Gujarat High Court recently issued notice on a plea challenging the validity of Section 75(2) CGST Act wherein if the concerned court or authority concludes that show cause notice issued under Section 74(1) to a person for tax evasion is unsustainable as the charges of fraud, wilful misstatement or suppression of facts aren't established, then the department shall determine the tax payable...

Necessity Of Rented Property For Bonafide Use Is To Be Adjudged From Landlord's Perspective, Not From Perspective Of Tenant: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court has held that it was not for the tenant to suggest or show that the landlord did not have any bonafide necessity of the rented premises. In doing so the court underscored that the necessity of a rented property for bonafide use has to be adjudged from the perspective of the landlord and not the tenant. The observation was made by Justice Vinit...

Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court

The Delhi High Court has observed that furnishing grounds of arrest in writing to an arrestee just about an hour before the remand hearing cannot be due or adequate compliance of the requirements of Section 50 of CrPC.The provision mandates that grounds of arrest must be communicated to an arrestee “forthwith” upon the arrest of a person.Justice Anup Jairam Bhambhani said that sufficient...

Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC

Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).The bench of Justice...

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor

The Punjab & Haryana High Court has set aside an order refusing to grant sanction to prosecute the four members of the Special Investigation Team (SIT) constituted by the Commissioner of Police, accused of framing a school bus conductor in the Gurugram school student murder case.In 2017, a 7-year-old boy was found dead in a school in Gurugram. Initially, Haryana Police investigated the...

Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court

While setting aside an order passed by the trial court, the High Court of Jammu & Kashmir observed that by making observations on the merits of the suit, the trial court had virtually dismissed the suit under the guise of dismissing the application for interim relief, leaving nothing in the suit for determination.Justice Javed Iqbal Wani set aside the order passed by the trial...

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court

The Madras High Court recently emphasized that courts should refrain from passing ex-parte orders in a routine manner and must only pass such orders when there is a real emergency which was shown through the plaint and averments. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy noted that ex-parte orders can have disastrous consequences and could possibly bring...

Judiciary Aspirant's Answer To A Question Not Evaluated: Orissa HC Cautions Public Service Commission, Orders ₹1 Lakh Compensation

The Orissa High Court on Monday orally criticised the Odisha Public Service Commission (OPSC) for "haphazard scrutiny" which resulted in non-evaluation of a long question carrying 12.5 marks of a candidate of Odisha Judicial Service Examination-2022.Acknowledging the serious flaw in marking process highlighted by the petitioner, the Division Bench of Justice Sangam Kumar Sahoo and...

Has No Sanction Of Law: Rajasthan HC Sets Aside Proceedings Initiated Under Prevention Of Food Adulteration Act After Its Repeal

Rajasthan High Court quashed and set aside proceedings that were initiated in 2011 under the Prevention of Food Adulteration Act, 1954 (“PF Act”) which already got repealed in 2010 and was followed by the Food Safety and Standards Act, 2006 (“FSSA”).The bench of Justice Farjand Ali highlighted that even the cognizance of the offence was taken by Judicial Magistrate under the PF Act...

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC

The Jharkhand High Court, in a recent judgment, has observed that in land acquisition cases, there is no distinction between the sum and sum without interest, and once the interest is included in the sum for which the Award is made, that cannot be segregated.Justice Sanjay Kumar Dwivedi presiding over the case, observed, “There is no distinction between the sum and sum without interest and...

Can't Direct University To Lower Cut-Off Standard: Bombay HC Refuses To Quash Mumbai Varsity Decision Cancelling Admission After 4 Semesters

While refusing to interfere with Mumbai University's decision to cancel the admission of a student after completion of four semesters due to insufficient marks in the International Baccalaureate (IB) programme, the Bombay High Court observed that if the student did not secure the predicted grades, the Court cannot direct the university to lower the cut-off standard.A division bench of...