High Courts
Delhi High Court Grants Bail To NDPS Accused After Mismatch In Drug Identification During Field Test
The Delhi High Court has granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 following mismatch in identification of seized drug field testing and in forensic testing.Justice Amit Mahajan also took into account that the Petitioner had been incarcerated for over two years but trial had not commenced and only charges have been framed.Prosecution...
Kerala High Court Asks Inspector General Of Police To Consider Film Producer's Complaint Alleging Improper Behaviour By DySP
The Kerala High Court on Friday (December 5) directed the Inspector General of Police, Ernakulam range to consider the representation made by film producer Sheela Kurian seeking action against Deputy Superintendent of Police, Madhu Babu, alleging improper behaviour by him when she visited his office in connection with a criminal complaint.When the matter came up for consideration before...
Magistrate Cannot Direct Economic Offences Wing To Investigate Custodial Torture Allegations: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that the Economic Offences Wing, Srinagar, has no authority under the applicable notification to investigate allegations relating to custodial torture and killing.The Court observed that a Magistrate is empowered to direct an investigation only by an agency having jurisdiction over the offence alleged.The Court was hearing a petition...
Arbitration Is Only Between Parties To Agreement; Non-Parties Can Be Added Only In Exceptional Circumstances: Karnataka High Court
The Karnataka High Court has held that arbitration could be only between parties to the Arbitration Agreement; non-parties cannot be made parties to arbitration unless exceptional circumstances exist.Justice Suraj Govindaraj held thus while allowing a petition filed by Lubna Shah. Shah and Varun Infra Projects (respondent No 3) had entered into a Joint Development Agreement on 27.06.2016,...
Kerala High Court Calls For SIT Probe Into Alleged Illegal Surrogacy Practices By ART Bank
The Kerala High Court on Friday (5 December) suggested setting up a Special Investigation Team (SIT) for investigation into the Assisted Reproductive Technology (ART) Bank case.The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha was considering a writ petition filed by ART Bank against the State Police Chief, Health Department officials, and others alleging...
Bombay Sales Tax Act | High Court Says Canned Pineapple Slices Cannot Be Classified As 'Fresh Fruits', Denies Tax Exemption
In a significant ruling on product classification under the Bombay Sales Tax Act, 1959, the Bombay High Court has held that canned pineapple slices, pineapple tidbits and fruit cocktail preserved in sugar syrup cannot be treated as “fresh fruits” for the purpose of Entry A-23 of the Schedule to the Act. A Division Bench of Justice M.S. Sonak and Justice Advait M. Sethna answered...
Limitation For ITAT Rectification Runs From Date Of Receipt Of Order, Not Date Of It's Passing: Bombay High Court
The Bombay High Court has held that the limitation period for filing a rectification application under Section 254(2) of the Income Tax Act begins when the assessee receives the ITAT order, and not merely from the date on which the order is passed. The Court ruled that the Income Tax Appellate Tribunal (ITAT) had completely misdirected itself in rejecting a rectification plea by Accost...
Maharashtra Cooperative Societies Act | Authorised Officer Becomes Functus Officio Once Replaced By Competent Authority: High Court
The Bombay High Court held that an authorised officer under Section 88 of the Maharashtra Cooperative Societies Act, 1960, becomes functus officio the moment a competent authority replaces him, irrespective of whether the officer had personal knowledge of the substitution. The Court observed that administrative orders take legal effect when issued by the competent authority, not when they...
CCI Can Probe Anti-Competitive Practices In TRAI-Regulated Markets: Kerala High Court In JioStar's Appeal
The Kerala High Court has recently held that the Competition Commission of India (CCI) has full authority to investigate allegations of discriminatory pricing and abuse of dominance in the broadcasting market even though the sector is regulated by TRAI. The court said the Competition Act is an independent enactment that operates in parallel with the Telecom Regulatory Authority of India...
Person Who Set Paper Is Best Person To Verify, Court Can't Override Expert View In Exam Matters: HP High Court
The Himachal Pradesh High Court has held that the opinion of a subject expert cannot be substituted by the Court unless it is demonstrably wrong on the face of the record.Justice Sandeep Sharma remarked that: “…opinion given by expert cannot be substituted by Court, until same on the face of it is wrong… best person to verify the correctness… is the person who has set-up the paper.”...
Sabarimala Mandala Season: Kerala High Court Finds Security Plan “Comprehensive”, Directs ADGP To Ensure No Lapses
The Kerala High Court on Friday (05 December) expressed satisfaction with the report submitted by the Additional Director General of Police and Chief Co-ordinator, Sabarimala regarding the crowd management strategies intended to ensure safety at Sannidhanam during the Mandala Makaravilakku season.The division bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar,...
'Polling Day Should Be A Day Of Peace, Not War': Kerala High Court Directs Robust Security Measures Ahead Of Local Body Elections
The Kerala High Court recently issued detailed directions to the police and the State Election Commission (SEC) for the peaceful conduct of elections in the wake of upcoming general elections to the local bodies.Justice P.V. Kunhikrishnan was considering a batch of writ petitions filed apprehending law and order problems and, therefore, seeking deployment of additional police force,...