Guilty Plea Cannot Override Bar On Double Jeopardy; Second Conviction For Same Offence Is Void: Delhi High Court

The Delhi High Court has held that a plea of guilt made by an accused does not efface the rule against double jeopardy and a Court cannot conduct second prosecution for the same offence, based on such a plea.Justice Sanjeev Narula observed,“A plea of guilt cannot confer jurisdiction. Once the bar under Section 300 CrPC or the rule against double jeopardy under Article 20(2) applies,...

Jharkhand High Court Upholds State's Refusal To Grant Environmental Clearance For Stone Mining In Saranda Forest

The Jharkhand High Court has upheld the decision of the State Environment Impact Assessment Authority (SEIAA) refusing environmental clearance (EC) to a proprietorship firm for stone mining in the Saranda forest's no-mining zone. The Court held that the “Management Plan for Sustainable Mining in Saranda and Chaibasa of Singhbhum District, Jharkhand,” framed in 2018, applied to the...

Casual Absence Of Govt Officials Not “Sufficient Cause” To Condone Delay In Challenging Arbitral Award: HP High Court

The Himachal Pradesh High Court has dismissed an application filed by the Himachal Pradesh State Electricity Board seeking condonation of delay in filing objections against an arbitral award passed in favour of HCL Infotech Ltd., holding that bureaucratic delays and internal movement of files do not constitute sufficient cause for delay.Rejecting the State's contention, the Court remarked...

Recovery From Premises Not In NDPS Accused's Possession Can't Be Attributed To Him Without Independent Witnesses: Delhi High Court

The Delhi High Court has ruled that recovery of a contraband cannot be attributed to an accused under the NDPS Act without any proof of possession or independent witnesses. “A recovery from a place where the possession of accused is not proved cannot be attributed to be a recovery from him. Moreover, no independent public witnesses were associated at the time of recovery to corroborate...

Partnership Deed Without Proof Of Accounts Cannot Be Used As Camouflage To Conceal Subletting By Tenants: HP High Court

The Himachal Pradesh High Court held that a partnership deed without proof of books of accounts cannot be used as a camouflage to conceal subletting by the tenants. Justice Satyen Vaidya remarked that: “Evidently, the partnership deed was executed for dual purpose, firstly to camouflage the relationship and secondly to secure the interest of the tenants to get monthly...

Bombay High Court Takes Note Of Inconvenience To Citizens Due To Bachchu Kadu-Led Farmers' Protest, Asks To Clear Site Immediately

The Bombay High Court on Wednesday took suo motu cognisance of the "suffering and disturbance" caused to the citizens due to the ongoing protests at the National Highway 44 (Wardha Road) by farmers under the leadership of former MLA Omprakash alias Bachchu Kadu.Sitting at the Nagpur seat, single-judge Justice Rajnish Vyas presiding over a vacation court, also ordered Bachchu Kadu to...

GST Levy On Group Health Insurance Policies Challenged; Kerala High Court Grants Interim Relief To Union Bank Pensioners

The Kerala High Court has granted interim relief to retired employees of the Union Bank by allowing them to renew their group health insurance policies without paying the 18% Goods and Services Tax (GST) on the premium.The Court passed the interim order in a writ petition filed by Vinod Mukundan and others, including the All India Union Bank Pensioners & Retirees Federation, challenging...

Delhi High Court Quashes Jamia Millia Islamia's Order Dissolving Jamia Teachers Association, Calls It Abrogation Of Fundamental Rights

The Delhi High Court has quashed two office orders and an advisory issued by Jamia Millia Islamia, dissolving the Jamia Teachers Association (JTA), an autonomous body of varsity teachers constituted in the year 1967 and administered through an Executive Committee elected by its members.Justice Sachin Datta found the varsity's action violative of JTA's fundamental right to self-governance...

MP High Court Imposes ₹2 Lakh Cost On Tobacco Company For Stalling GST Proceedings

The Madhya Pradesh High Court has imposed ₹2 lakh costs on an Indore-based tobacco company for attempting to stall the proceedings initiated against it by the GST authorities.The company came came under the scanner of the Director General of GST Intelligence back in May 2020, following an investigation into large-scale tax evasion in the pan masala and tobacco industry in Indore.The...

Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC

A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...

Balco Disinvestment: Delhi High Court Upholds Arbitral Award Voiding Centre & Vedanta Shareholder's Pact

After over a decade of legal tussle, the Delhi High Court recently upheld an arbitral award declaring the Shareholders' Agreement (SHA) between Vedanta Limited (then Sterlite Industries) and the Union of India void, which had given Vedanta the exclusive right to buy the government's remaining 49% stake in Bharat Aluminium Company Limited (BALCO) after a three-year lock-in period. The...

Proceedings U/S 138 NI Act Are Not Sustainable For Dishonour Of Cheques Presented On Behalf Of Dissolved Company: Delhi High Court

The Delhi High Court has made it clear that a party cannot be sued under Section 138 of the Negotiable Instruments Act, 1881 for dishonor of cheques issued by it, if presented by a dissolved company.Justice Arun Monga observed,“Once a company is struck off and stands dissolved, it loses its juristic personality, rendering any act done on its behalf void ab initio unless the company is...