Merely Supplying Warrant Of Arrest Notifying Penal Sections Without Mentioning Substance Of Charge Violates Article 22 Of Constitution: Calcutta HC

The Calcutta High Court has held that in the absence of notification of the substance of a warrant, the execution of the same becomes unconstitutional in terms of Article 22(2) of the Constitution read with Section 75 of the Cr P C. Justice Suvra Ghosh affirmed the interim bail since the arrest memo neither contained reasons for arrest nor were the grounds of arrest communicated as per Article...

Karnataka High Court Monthly Digest: March 2025

Citation No: 2025 LiveLaw (Kar) 81 to 2025 LiveLaw (Kar) 126Nominal IndexPavankumar AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 81Dinesh Borkar & ANR AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 82Bhagavant Alagur AND State of Karnataka & Others. 2025 LiveLaw (Kar) 83Gurunath Vadde AND State of Karnataka. 2025 LiveLaw (Kar) 84BMTC AND IFFCO TOKIO GENERAL INSURANCE CO....

BPSC TRE-1: Patna HC Sets Aside Direction To Declare Supplementary Result For Unfilled Posts, Notes Remaining Aspirants Not Eligible

Patna High Court has set aside a July 2024 direction of a Single Judge, asking Bihar Public Service Commission to declare supplementary result for unfilled vacancies of Primary School Teachers for the 2023 recruitment drive.The Division Bench comprising Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy found that the remaining candidates though secured the cut-off marks, did not...

Punjab & Haryana High Court Flags 'Alarming' Rise In Immigration Frauds, Calls For Stringent Deterrence

Flagging growing prevalence of immigration fraud rackets, the Punjab & Haryana High Court has said that there is "urgent need to adopt a stringent approach to deter such conduct." Justice Manjari Nehru Kaul said, "Crimes involving immigration fraud have reached alarming proportions in recent years. Unsuspecting individuals are often lured with promises of overseas employment or education,...

S.54(11) GST Act | Assessee's Refund Can't Be Held Back On Commissioner's Opinion Alone, Twin Conditions Must Be Satisfied: Delhi HC

The Delhi High Court has held that Section 54(11) of the Central Goods and Services Tax Act, 2017 prescribes twin conditions for Revenue holding back Refund due to an Assesseee, despite an order to that effect.Section 54(11) of the Act would show that the refund can be held back on the satisfaction of the following two conditions – (i) when an order directing a refund is subject matter of...

UG/PG Higher Degrees But Appointment Criteria Can't Be Tinkered: Patna HC Upholds Bihar Pharmacists Cadre Rules Mandating Diploma In Pharmacy

The Patna High Court has upheld the constitutional and statutory validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (amended), making Diploma in Pharmacy (D. Pharma) from Institutions recognized by the Government along with a certificate, a compulsory requirement to be eligible for appointment as Pharmacist in State Health Department.Dismissing a series of writ petitions, the...

CENVAT Credit Can't Be Denied Merely On Non-Submission Of User Test Certificate: Madras High Court

The Madras High Court stated that user test certificate is not mandatory before adjudicating show cause notice. The Division Bench of Justices R. Suresh Kumar and G. Arul Murugan opined that show cause notices cannot be adjudicated merely on the ground that the User Test Certificate has not been produced by the assessee. In this case, the respondent/assessee is a manufacturer of...

Kerala High Court Orders CBI Probe Against Former Chief Secretary KM Abraham In Disproportionate Assets Case

The Kerala High Court on Friday (11th April) ordered CBI enquiry into former Chief Secretary of Kerala K. M. Abraham in a case of illegal amassment of wealth. The order was passed by Justice K. Babu in a petition filed by Jomon Puthenpurackal, a popular activist. It is alleged that while serving as the Additional Chief Secretary of Financial Department, Abraham acquired wealth disproportionate...

Karnataka HC Set Aside Suo-Motu Discharge Order By Trial Court Against BBMP Officials Accused Of Irregularities Causing Loss To State Exchequer

The Karnataka High Court recently set aside an order passed by the trial court by which it discharged several engineers (present and former) of the Bruhat Bengaluru Mahanagara Palike (BBMP), and contractors in the cases registered against them about irregularities in the works conducted during 2005 and 2012.Justice H P Sandesh allowed the petition filed by the state government and set aside...

Channel Placement Contract Does Not Entitle Broadcaster To Demand That Distribution Platform Operator Offers Bouquet Of Channels: Delhi HC

The Delhi High Court has observed that an agreement entered between a broadcaster and Distribution Platform Operators (DPO) for assigning a particular Logical Channel Number/LCN (unique channel number assigned to TV channels) is different from the DPO assuming obligations to make the broadcaster's channels a part of 'bouquet offerings'.For context, bouquet of channels means an assortment...

Examination In Chief Of Witness In Proceedings Under Domestic Violence Act Can Be Tendered By Way Of Affidavit: Delhi High Court

The Delhi High Court has observed that in the proceedings under the Domestic ViolenceAct, the examination in chief of a witness can be tendered by way of an affidavit.Justice Neena Bansal Krishna said that the reliefs granted under the enactment are essentially civil in nature and therefore, the procedure of recording examination in chief by way of affidavit cannot be faulted.The...

Calcutta High Court Denies Permission For 'Hanuman Jayanti' Event To Be Held On Red Road On April 12

The Calcutta High Court has denied permission to hold a 'Hanuman Chalisa paath' event to be held at Red Road on 12th April (tomorrow). Petitioner had approached the court for permission to hold the even with around 3000 participants, after not hearing back from the police authorities.Later, the police authorities granted permission for the event, but at a different location to prevent...