Trial Court Has No Inherent Powers To Recall Or Review Its Own Final Order: J&K High Court

The Jammu and Kashmir High Court held that it is not open to the trial court to review its own final orders. The court held that in such cases, the only option available to the aggrieved party is to challenge the said order before the High Court.The court took note of Section 362 of the CrPC, which prohibits a criminal court from altering or reviewing its final orders, except for...

S.67 Of CGST Act & S.110 Of Customs Act Are Pari Materia; GST Department Must Give Notice To Assessee Before Extending Seizure Period: Delhi HC

The Delhi High Court has held that an assessee must be issued notice within six months of seizure of its goods under Section 67 of the Central Goods and Services Tax Act 2017, failing which the goods must be returned by the Department.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar further held that the period of seizure cannot be extended under Section 67)7) for...

LLP Can Be Bound By Arbitration Clause Despite Not Being Signatory To LLP Agreement: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the mere fact that an LLP is not a signatory to an LLP Agreement does not, by itself, preclude it from being a party to arbitration proceedings initiated between Partners under the arbitration clause of such an agreement. The Court observed that an LLP is not a “third party” to its LLP Agreement but an...

'Attempt To Suppress Journalistic Freedom': Rajasthan High Court Orders No Coercive Steps Against Republic's Arnab Goswami In 'Hatred' FIR

The Rajasthan High Court in an interim order directed that no coercive steps will be taken against media house Republic's Editor in Chief Arnab Goswami in a "hatred" FIR registered against him in respect to a news report by Republic Bharat on the demolition of a temple.In doing so the court underscored that "mere reporting of an event of public interest, devoid of inflammatory intent or...

Tenancy Act | Subordinate Court's Ad-Interim Order Not A Decided Case, Revision Plea Not Maintainable Before Revenue Board: Rajasthan HC

The Rajasthan High Court has said that under the Rajasthan Tenancy Act, revision petition is not maintainable before the Revenue Board against 'ex parte ad-interim' orders passed by subordinate revenue courts and appellate courts. It thus underscored that Board's revisional power can be exercised only in cases which are "decided" by subordinate revenue court in which no appeal lies either to...

Not Coherent: Delhi HC Uphold's Dismissal Of Woman's Complaint Claiming She Survived 25 Gunshots Using Ayurvedic Medicines, Without Surgery

The Delhi High Court has upheld the dismissal of a woman's complaint who claimed that she survived about 25 gunshot wounds in her head and heart using ayurvedic medicines without surgery or going to the hospital.Justice Anup Jairam Bhambhani upheld a trial court order dismissing the woman's criminal revision petition against a magisterial order dismissing her complaint and also declining to...

'Legal Fight Between Guv & CM Not Desirable': Calcutta High Court Asks Mamata Banerjee & Ananda Bose To Amicably Settle Defamation Case

In the defamation case filed by West Bengal governor CV Ananda Bose against Chief Minister Mamata Banerjee over allegedly defamatory remarks, a Calcutta High Court bench of Justice Krishna Rao has suggested the parties to amicably settle the dispute since a "legal tussle" between the Governor and Chief Minister before the High Court would not be desirable."Governor and Chief Minister...

Delhi HC Grants Permanent Injunction In Favour Of Rishikesh Based Chotiwala Restaurant Over Trademark Infringement, Awards ₹3 Lakh Damages

The Delhi High Court has recently granted a permanent injunction in favour of Rishikesh-based restaurant Chotiwala Food And Hotels Private Limited, restraining three Delhi-based restaurants from using Chotiwala's name, trademark and artistic work.Chotiwala Food And Hotels Pvt. Ltd. (plaintiff no. 1) was established in 1958 at Rishikesh, Uttarakhand and was previously named Chotiwala Shudh...

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings. “While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said. The Court was dealing with a wife's...

'Publicity Interest', Patna High Court Refuses To Pass Order In PIL Against Honey Singh's Song, Seeks Union's Response

The Patna High Court today (March 7) heard a Public Interest Litigation (PIL) filed by actress Nitu Chandra against the alleged vulgarity in renowned singer Yo Yo Honey Singh's latest chartbuster song 'Maniac'. The actress had approached the High Court seeking legal action against Honey Singh's new song, including the deletion of the song.Today, the matter was fixed for the passing of an...

Karnataka High Court Orders Inquiry Against Police Inspector For "Undue Indulgence" In Dispute Between Two Religious Institution

The Karnataka High Court has directed the Police Commissioner, Dharwad to initiate departmental inquiry against a police inspector for allegedly interfering with the functioning of a religious institution.A single judge, Justice M Nagaprasanna said, “There is material in the case at hand to demonstrate that the 3 rd respondent has indulged in abuse of his power. Therefore, it becomes a fit...

Organisation Once Declared As A Minority Institution Always Retains Its Minority Status: Calcutta High Court

The Calcutta High Court has held that once an organisation has been accorded minority status, it would continue to be recognised as a minority institution and would not be expected to routinely approach the state authorities to retain such status.The matter, challenging the status of a minority school, came up for hearing before a division bench of Chief Justice TS Sivagnanam and Justice...