Kerala High Court Directs Election Commission To Take Action Against Unauthorized Flags, Banners In Wake Of Upcoming Election

The Kerala High Court on Wednesday (November 19) directed the State Election Commission (SEC) and the District Election Officers to monitor and to take action against unauthorized installation of banners, boards and flags put up by political parties in the State.Justice Devan Ramachandran passed the direction while dealing with a review in a plea against illegal and unauthorized flags...

Karnataka High Court Directs State To Implement Rule On Speed Limit, Helmet And Safety Harness For Children Riding Pillion

The Karnataka High Court on Wednesday directed the State to take immediate steps for implementation of Rule 138 (7) of Central Motor Vehicle (Second Amendment) Rules 2022, which prescribes maximum speed limit for two-wheelers when children ride pillion. The Rule also mandates helmet and safety harness for kids.A division bench of Chief Justice Vibhu Bakhru and Justice C M...

Order Refusing To Terminate Arbitration Is Not An Interim Award: Bombay High Court Dismisses Challenge U/S 34 A&C Act

The Bombay High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) challenging an order passed by the Arbitral Tribunal by which it had refused to terminate the ongoing proceedings holding that the order was merely a prima facie view, interlocutory one and not an arbitral award capable of being challenged. Justice...

Delhi High Court Quashes VAT Assessment Orders Passed By Audit Officer Citing Lack Of Jurisdiction

The Delhi High Court has quashed a batch of VAT assessment orders issued by VAT Audit Officer, stating that the authority did not have necessary delegation to carry out assessments.Form DVAT-50 enables the VAT Commissioner to authorize officials for carrying out audit, investigation and enforcement functions under Delhi Value Added Tax Act and Rules.However, a division bench of Justices...

Supplementary Complaint Under PMLA Doesn't Require Fresh Cognizance: Madras High Court

The Madras High Court recently observed that a supplementary complaint under Section 44 of the Prevention of Money Laundering Act is not a fresh or independent complaint requiring the court to take cognisance. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq held that a supplementary complaint is a part and parcel of the main complaint for which cognisance has already...

Education Should Not Merely Be Perceived As Commercial Venture, Must Remain Noble Service: Madras High Court

The Madras High Court recently ruled against colleges charging additional tuition fees in the name of a break fee/miscellaneous fee. The court also directed the Chettinad Academy of Research and Education (CARE) University to refund the deposit made by the students with interest of 6% per annum. While doing so, Justice GK Ilanthiraiyan remarked that education must not be merely viewed as...

“Gross Concealment”: Delhi High Court Imposes ₹5 Lakh Costs On Party In Poppy Seeds Smuggling Case

The Delhi High Court recently imposed exemplary costs of ₹5 lakh on the power of attorney holder of a company, purportedly involved in smuggling of prohibited items like poppy seeds.A division bench of Justices Prathiba M. Singh and Shail Jain noted that the Petitioner had failed to disclose that his challenge to the penalty order passed by the Customs authority was previously dismissed by...

Delhi High Court Grants Interim Relief To Aadhar India Over Non-Issuance Of Pre-Show Cause Notice Intimation In GST Case

The Delhi High Court, while examining whether pre-consultation prior to a GST Show Cause Notice was mandatory or discretionary, granted interim relief to Aadhar India by permitting the proceedings arising from the Show Cause Notice dated 29 November 2024 to continue, but directing that any final order passed pursuant thereto should not be given effect without further orders of...

Final Orders U/S 125 CrPC Must Contain 'Points For Determination' As Per S. 354 (6): Allahabad High Court To UP Family Courts

The Allahabad High Court has directed all the family court across the state mandatorily frame 'points for determination' in all final orders passed under Section 125 CrPC, in compliance with Section 354(6) CrPC. A bench of Justice Madan Pal Singh also directed that its order be circulated to all District Judges and all Principal Judges of Family Courts for strict compliance. The...

POCSO Conviction Can't Be Based Solely On DNA Evidence When Prosecutrix Turns Hostile: Rajasthan High Court

The Rajasthan High Court upheld a trial court order acquitting an accused under the POCSO Act, stating that no person can be convicted solely based on the DNA report, in the absence of any specific allegations of rape/sexual assault by the prosecutrix.A written report was filed against the accused by the father of prosecutrix, alleging abduction of his minor daughter. Case was registered...

Panchayati Raj Act Overrides Regional Development Authority Act In Rural Areas: Jharkhand High Court Sets Aside Demolition Orders

The Jharkhand High Court, in a significant judgment, held that since there is an irreconcilable conflict between the Jharkhand Panchayati Raj Act and the Jharkhand Regional Development Authority Act, the Panchayati Raj Act must prevail. The Court observed that the inconsistent provisions of the Regional Development Authority Act stand impliedly repealed to the extent they conflict with...

S.324 IPC | Nature Of Victim's Wound & Cut Clothing Clearly Establish Assault, Not Accidental Fall: Himachal Pradesh High Court

In a case under Section 324 IPC, the Himachal Pradesh High Court has held that the injury sustained by the victim in the case, and the condition of his clothing, clearly disproved the accused's claim that the wound resulted from an accidental fall.Further, the Court observed that according to the medical and forensic evidence, the wound on the victim's shoulder made it evident that it was due...