Power Of DRI Officers To Issue Show-Cause Notices Under Customs Act And A 'Flux' In The Legal Position: Delhi HC Discusses

The Delhi High Court recently discussed a 'flux' in the legal position with respect to power of officers of Directorate of Revenue Intelligence (DRI) to issue show-cause notices and recover duties under the Customs Act, 1962. A division bench of Justices Yashwant Varma and Ravinder Dudeja was dealing with a batch of petitions seeking to quash the SCNs and pending adjudication...

Jharkhand HC Stays Law Giving 75% Quota To Locals In Private Jobs, Says Employers Can't Be Prevented From Recruiting Based On Choice

In an interim order passed on Wednesday (December 11) the Jharkhand High Court stayed the operation of the state law mandating employment of 75% local candidates in private sector against the total notified vacancies. after observing that the law restricts the right of a private employer to recruit from the open market employees. The high court passed the order while hearing a writ...

'Has 27 Yrs Of Service Left': Allahabad High Court Reprieve To 2018 Civil Judge Candidate Denied Post Due To Calculation Error

The Allahabad High Court recently ordered the appointment of a woman as Civil Judge, after it found that she was denied the post in UPPSC (J) Examination 2018, due to calculation error in her marks.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh also took into account her young age (33 years) and directed that her appointment shall operate at the seniority position...

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad

The Kerala High Court on Thursday (December 12) suspended the sentence of M K Nasar (third accused) who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph.The matter arose in 2010 when a question in an exam set by Professor Joseph, the former Head of the Malayalam Department of Newman College, Thodupuzha, contained...

S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC

Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175(3), BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. It was opined that no judicial mind was applied for making an independent determination regarding prima facie existence of the case against...

Kerala High Court Issues Guidelines To Ensure Minors Are Not Mistakenly Tried As Adults

The Kerala High Court, while handling a case in which two juveniles were tried and punished as adults, issued a set of directives to investigating agencies and the district judiciary to prevent such occurrences in the future.The officer arresting the accused shall ensure his age by verifying any authentic documents like Matriculation or Equivalent Certificate, Date of Birth Certificate from...

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962 , the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. In its 177-page judgment, a division bench of Justices Yashwant Varma and Ravinder Dudeja observed, “Matters which have the potential of...

Recruitment Rules Can't Be Applied Retroactively, Chhattisgarh High Court Sets Aside Employee's Termination Order

A single bench of Chhattisgarh High Court comprising of Justice Rajani Dubey held that the recruitment rules or guidelines cannot be applied retroactively to improperly terminate an employee from the post. Background Facts The petitioner was appointed on the post of Aanganbadi Karyakarta on 01.04.2007. She was working under the Department of Women and Child Development...

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. Justice Shampa (Dutt) Paul found that the complainant had gotten into a physical relationship with the accused in 2013, and continued it till 2018, after which she filed a complaint in 2020. The court said:From the said materials, in the case diary, this...

"If You Cannot Enforce Laws To Remove Hawkers, Let People Take Law In Their Hands": Bombay High Court Slams Maha Govt

The Bombay High Court on Thursday while coming down heavily on the Maharashtra government over its failure to curb the menace of illegal hawkers, said the State must clarify its stand as to whether it will comply with court orders or not or let people take the law in their own hands and do whatever they feel like.A division bench of Justices Ajay Gadkari and Kamal Khata was irked to note that...

Advocate Casting Aspersions On Woman's Character Upon Instructions From Client Is Discharging His Duty, Not Insulting Her Modesty: Bombay HC

The Bombay High Court recently held that an advocate, when casts aspersions upon a woman's character, on instructions from his client, is basically discharging his duty and thus cannot be booked for insulting the modesty of the woman punishable under section 79 of the Bharatiya Nyaya Sanhita (BNS) 2023.A division bench of Justices Bharati Dangre and Manjusha Deshpande delivered the ruling...

Punjab & Haryana High Court Directs Videography Of Nomination Paper Filing In Municipal Corporation Elections

The Punjab and Haryana High Court on Thursday (December 12) directed the Punjab State Election Commission to video-graph the filing of nomination papers in the upcoming Punjab Municipal Corporation Election scheduled on December 21.A division bench of Justice Sureshwar Thakur and Justice Kirti Singh in its order directed the State Election Commission, "that as and when municipal elections...