Incorrectly Declaring Indian Goods As 'Made In China' Contrary To Public Interest: Delhi High Court Denies Relief In Customs Case

The Delhi High Court has held that misleading consumers about locally manufactured goods by labelling them as 'Made in China' or in some other foreign country is contrary to public interest.The bench was dealing with a Customs case whereby Petitioner's goods (mobile tempered glass) bearing 'Made in China' mark were seized by the Department in a raid.The Department had allowed provisional...

Condition For Exemption From PF Scheme Can't Be Invoked To Deny EPS Pension : Madras High Court Quashes EPFO Circular

The Madras High Court has quashed a circular issued by the Employees' Provident Fund Organisation restricting the exempted establishments from amending their Trust Rules with retrospective effect so as to bring it in consonance with the Supreme Court's orders. The court also set aside an order of the EPFO rejecting an application for joint option request by employees to avail the...

Investigating Officer Not 'Suitable Person' Under Navy Regulations To Prosecute Trial Before Court-Martial: Kerala High Court

The Kerala High Court recently held that an investigating officer is not a 'suitable person' as per Regulation 163 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965, to prosecute a trial before the Court-Martial.Dr. Justice Kauser Edappagath considered the constitutional validity of Regulation 178(3) of the Navy Regulations, which permits the prosecutor to be a...

Debarment Order Can't Be Extended To Other Group Companies Without Individual Opportunity Of Hearing: Delhi High Court

The Delhi High Court has held that a debarment order issued by one entity cannot be extended to other group companies without any independent opportunity of hearing through a separate show cause notice.“The principles of natural justice do not contemplate a cascading penalty in the absence of reasoned determination by each entity proposing to inflict penalty,” Justice Sachin...

Madras High Court Stays Criminal Proceedings Against General Secretary Of TVK Political Party For Alleged Unlawful Assembly

The Madras High Court has stayed the criminal proceedings initiated against the general secretary of actor Vijay's Tamilaga Vettri Kazhagam (TVK) party for allegedly causing an unlawful assembly and obstructing the police from doing their duty. Justice Sunder Mohan ordered an interim stay in a petition filed by N Anand alias Bussy Anand, seeking to quash the FIR registered against him...

Yusuf Pathan Encroached On Govt Land, No Allotment Order Was Issued By Vadodara Municipality: Gujarat High Court

The Gujarat High Court recently upheld an order directing Vadodara Municipal Corporation to take steps to remove encroachment of a plot by former cricketer and TMC MP Yusuf Pathan. In doing so the court held that "long possession" of the plot by Pathan, without paying consideration, would not give him any rights over the land adding that it cannot perpetuate such an illegality. Finding Pathan...

Delhi High Court Upholds Dental Council Regulation Mandating State Govt NOC For Establishing New Colleges

The Delhi High Court has upheld the vires of Clause 6(2)(e) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and increase of Admission Capacity in Dental Colleges) Regulations, 2006— which relates to permission for establishment of new dental college, new courses of study, etc.Significant to note that the Regulations...

[SEBI Act] Exoneration In Regulatory Proceedings Only Bars Prosecution When There Is Finding Of Innocence: Bombay High Court

The Bombay High Court has held that discharge from prosecution under the SEBI Act cannot be claimed merely on the ground that an adjudicating officer of SEBI has not imposed a penalty or passed any adverse directions. The Court ruled that exoneration in regulatory proceedings will bar criminal prosecution only when there is a clear and categorical finding of innocence on the merits, and...

Kerala High Court Seeks Records On Removal Of Gold Coverings From Sabarimala Idols, Says Temple Must Safeguard Deity's Property

The Kerala High Court on Friday took strong exception to the removal of gold-plated copper coverings from the “Dwarapalaka” idols at Sabarimala without prior intimation to the Special Commissioner.A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, while hearing Sabarimala Special Commissioner Report, expressed concern over the manner in which the...

Delay In Trial Cannot Itself Be Grounds For Bail In Grave Offences When Evidence Links Accused To Crime: Delhi High Court

The Delhi High Court has held that the right to speedy trial of an accused, though sacrosanct, cannot be stretched in cases where there is overwhelming evidence of guilt against the accused.“Delay in trial, though regrettable, is not by itself a ground for bail in cases involving grave and heinous offences, particularly where the evidence links the accused to the commission of the...

10K Steel Bottles Given In Exchange For 1 Lakh Plastic Ones: GPCB Tells Gujarat High Court On Steps To Tackle Waste During Ambaji Pilgrimage

The Gujarat Pollution Control Board informed the High Court on Friday (September 12) that it had distributed 10,000 re-usable steel bottles in exchange for over 1 Lakh used plastic bottles as a step to tackle and manage waste during the Ambaji Padyatra. The padyatra is a religious pilgrimage taken by devotees to the Ambaji Temple in Banaskantha.Previously the court had asked eight...

Tax Liability Under JDA Arises Only Upon Conveyance Of Property, Not On Execution Of Agreement: Bombay High Court

The Bombay High Court held that tax liability under JDA (joint development agreement) arises only upon conveyance of property, not on execution of agreement. The bench consists of Justices Bharati Dangre and Nivedita P. Mehta stated that no liability actually fell upon the assessee at the time when JDA was entered into, as the liability arises only upon the conveyance of...