Allahabad HC Directs ASI To Undertake Whitewashing Of Sambhal's Jama Mosque Within 1 Week; Masjid Committee To Bear Costs

The Allahabad High Court has directed the Archaeological Survey of India (ASI) to carry out the whitewashing of the Sambhal Jama Masjid within one week, in accordance with the agreement signed in 1927 between the mosque management committee and the ASI. The ASI has been asked to carry out whitewashing on those parts where whitewashing is required. The court has also directed the...

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea For Custody Parole To Attend Parliament Budget Session

Jammu and Kashmir MP Engineer Rashid on Wednesday moved the Delhi High Court challenging a trial court order denying him custody parole in a terror funding case registered under UAPA.Rashid has sought custody parole in order to enable him to attend the ongoing Parliament session. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta sought response of the...

Can't Allow Candidates Who Contest For Diploma Post Despite Holding Degree To Be Transferred To Cadre Of Degree Holders: Rajasthan HC

Rajasthan High Court rejected petitions filed by employees of Department of Agriculture, Rajasthan (“State”) whose transfer from the cadre of Civil Engineers (Diploma Holders) to Civil Engineers (Degree Holders) was revoked, on the ground that such benefit under Rajasthan Subordinate Engineering (Building and Roads Branch) Service Rules, 1973 (“the Rules”) was not for a candidate who...

Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that when the reliability of a private investigator's report in comparison to the official record of police investigation is examined, “presumption as to genuineness will weigh more in favour of the police investigation report.”Single Judge Justice A. Hari Haranadha Sarma was dealing with a case involving an appeal preferred by an insurance...

S.28(4) Customs Act | Genuine Disagreement With Department Regarding Classification Of Goods Not 'Suppression Of Facts' By Trader: Delhi HC

The Delhi High Court has held that merely because there is disagreement between the Customs department and a trader regarding the classification of the latter's goods for the purpose of levying duty, it does not mean that the trader has indulged in 'suppression of facts' from the Department.The expression is relevant in terms of Section 28(4) of the Customs Act, 1962, which provides for...

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case

The Himachal Pradesh High Court has upheld an acquittal in an NDPS Act case, expressing shock over the fact that the investigating officer already knew that the accused was carrying contraband without searching him or conducting a test on the material.Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, said "while perusing the consent memo of search of the accused observed that, "It...

State Can Acquire Temple Land For Public Projects Like Metro, No Violation Of Fundamental Rights Under Article 25, 26: Madras High Court

The Madras High Court has set aside a notice issued by the Chennai Metri Rail Limited proposing to acquire the property belonging to United India Insurance for construction of metro station in connection with the Phase-II project of CMRL. Justice Anand Venkatesh held that it was open for the CMRL to acquire the property of a nearby temple, as per its original plan. Borrowing the words...

Complainant Has No Right To Be Heard In Bail Proceedings Under Juvenile Justice Act: Delhi High Court

The Delhi High Court has ruled that a complainant has no right to be heard at every stage of bail proceedings under the Juvenile Justice Act. “The involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., "rehabilitation over retribution" must remain paramount in any...

Mumbai Court Grants Anticipatory Bail To SP MLA Abu Azmi In Case For Praising Mughal Emperor Aurangzeb

A Mumbai Sessions Court on Tuesday granted anticipatory bail to Samajwadi Party MLA Abu Asim Azmi, who is booked in a criminal case for praising Mughal Emperor Aurangzeb and calling him a 'good administrator'.Additional Sessions Judge VG Raghuvanshi granted anticipatory bail to Azmi on a surety of Rs 20,000. A detailed order of the Court, is yet to be made available. Notably, Azmi has...

Lawyer Has No Right To Record Proceedings: Kerala HC Mulls Contempt Action Against Adv Nedumpura For Circulating Court Clippings On WhatsApp

The Kerala High Court has held that lawyers being permitted to enter the Court proceedings through video conferencing does not mean that they can record and circulate court proceedings.Stating thus, Justice P. Gopinath took exception to Advocate Mathews Nedumpura's conduct in recording and circulating court proceedings through WhatsApp. The bench observed that such action prima facie...

Constitutional Courts Must Prevent Fraudulent Gains, Writ Of Certiorari Can Be Denied Over Allegations Of Fraud Requiring Enquiry: J&K High Court

Underscoring the duty of constitutional courts to ensure that no one benefits from fraudulent acts the Jammu and Kashmir and Ladakh High Court refused to grant the writ of certiorari, emphasizing that when allegations of fraud are raised, the court must inquire into the matter to ensure substantial justice between the parties.“It is the duty of the constitutional courts to ensure that no...

Income Tax Rules | Centre's Power To Relax Conditions Under Rule 9C Exceptional & Discretionary, Not Ordinarily Subject To Judicial Review: Delhi HC

The Delhi High Court has made it clear that the power of the Central government to relax conditions prescribed under Rule 9C of the Income Tax Rules 1962, read with Section 72A of the Income Tax Act, 1962, is exceptional, discretionary and cannot ordinarily be subject to judicial review.In terms of Section 72A of the Act, the accumulated losses and unabsorbed depreciation of the...