[Air Force Act] Choice Between Court Martial & Criminal Court Can Only Be Exercised After Probe & Before Magistrate's Cognizance: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that discretion under Section 124 of the Air Force Act, 1950, to choose between a court-martial and a criminal court, can only be exercised after the police investigation is complete and before the Magistrate takes cognizance of the case.Section 124 grants discretion to Air Force authorities to decide whether an offence involving Air...

Calcutta High Court Weekly Round-Up: 25th November To 1st December, 2024

NOMINAL INDEXSantanu Banerjee v/s Enforcement Directorate Citation: 2024 LiveLaw (Cal) 256Tata Steel Limited (Hooghly Met Coke Division) Haldia Contractors' Mazdoor Sangh and Another Vs. State of West Bengal and Ors. Citation: 2024 LiveLaw (Cal) 257Sri Barun Mukherjee and Another Versus National Insurance Company Limited & Others Citation: 2024 LiveLaw (Cal) 258Smt. Sunita Das Versus State of West Bengal & Another Citation: 2024 LiveLaw (Cal) 259ORDERS/JUDGEMENTSCalcutta High Court...

Providing "Ambiguous Reasons" Akin To Non-Speaking Order: Gujarat HC Sets Aside Revenue Tribunal's Order Condoning 22-Yrs Delay By State

The Gujarat High Court on Monday (November 25) quashed and set aside the order of the Gujarat Revenue Tribunal that condoned the delay of approximately 22 years and 8 months in challenging an order issued by the Deputy Collector. In doing so the court noted that the reasons provided by the Tribunal were unsustainable and its order was akin to a non speaking order. The case centred on the...

Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court

The Allahabad High Court has held that once the High Court has directed the assesee to approach the appellate authority under Section 107 of the Central Goods and Service Tax Act, 2017, the appeal cannot be dismissed as not maintainable. Counsel for petitioner argued that notice and demand under Section 79 of the CGST Act were issued to the petitioner, pursuant to which it approached...

Karnataka High Court Sets Aside NGT's ₹2.94 Crore Fine Imposed On Indian Army's Training Unit For Polluting Ulsoor Lake

Court asked NGT to consider the matter afresh and meanwhile ordered the Unit to make Rs. 1 crore deposit.

Liquor Policy: Manish Sisodia Moves Delhi High Court Against Cognizance Of ED Chargesheet

Aam Aadmi Party (AAP) leader Manish Sisodia on Monday moved the Delhi High Court challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri asked ED to respond to the petition and listed the matter for hearing on December 20 when a similar petition of AAP Chief Arvind...

CCTV Cannot Be Installed Without Consent Of Person In Possession Of House: Calcutta High Court

The Calcutta High Court has recently held that CCTV cameras cannot be installed on the premises of a house without the express consent of the person in possession of the house.Justice Tirthankar Ghosh further held that in cases where cameras had been installed without the permission of the possessor, the occupant would be free to deactivate the said cameras in order to maintain their...

Karnataka High Court Weekly Round-Up: November 25 - December 01, 2024

Citations: 2024 LiveLaw (Kar) 481 To 2024 LiveLaw (Kar) 489Nominal Index:Krishnappa M T & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 481National Institute of Mental Health And Neuroscience AND S Anitha Joseph. 2024LiveLaw (Kar) 482K Ramakrishna AND Assistant Director 2024 LiveLaw (Kar) 483M/S COMPASSION UNLIMITED PLUS ACTION (CUPA AND State of Karnataka & ANR. 2024...

Proper Officer Must Provide 'Reason To Doubt' Value Of Goods Declared By Importer Before Initiating Reassessment U/S 17 Customs Act: Delhi HC

The Delhi High Court has held that the proper officer under the Customs Act, 1962 must provide “reasons to doubt” the declared value of imported goods, before proceeding with reassessment under Section 17. Pertinent to note that Section 17 of the Customs Act, 1962 relates to 'Assessment of duty'. An entity intending to import goods is required to self-assess the duty which would...

Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court

While hearing a principal's plea–whose earlier suspension was quashed in a writ petition, and who was subsequently suspended again, the Lucknow bench of the Allahabad High Court said that non-passing of a formal order of reinstatement after quashing of suspension order does not disentitle the employer from placing the employee under suspension again.The Court held that suspension does...

Calcutta High Court Directs DM, DIG Of BSF To Visit Beldanga Over Instances Of Communal Violence

The Calcutta High Court has directed the District Magistrate and DIG of the BSF at Murshidabad to visit the Beldanga area over instances of communal clashes which have broken out between members of two religious communities since the celebrations of 'Kartik Puja' in November.A division bench of Justices Harish Tandon and Hiranmay Bhattacharya held:"In order to find out whether there has been...

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 748-765]State of Kerala v Jayakrishnaraj G, 2024 LiveLaw (Ker) 748Baburaj Jacob v State of Kerala and Another, 2024 LiveLaw (Ker) 749The Federal Bank Ltd. v The Additional/ Joint/ Dputy/ Assistant Commissioner of Income Tax, 2024 LiveLaw (Ker) 750Pooja Anand v Ashokan K. and Another, 2024 LiveLaw (Ker) 751Georgekutty C X v Chairman and...