Non-Disbursal Of Sanctioned Loan Does Not Amount To Abetment To Suicide: Bombay High Court

The Bombay High Court bench at Aurangabad recently held that merely because the finance company did not disburse a sanctioned loan amount for want of procedural requirements and/or demanded processing fees or took one instalment in advance, and the loan applicant commits suicide, the said firm or its employees, then cannot be booked for abetment of his suicide or defamation.A division bench...

Consenting Adults Can Be In Relationship Even If Either Person Is Married, Judges Can't Impose Personal Morality Or Outdated Views: Delhi HC

The Delhi High Court has observed that the relationship between two consenting adults, even when one is married, cannot be approached by Courts with an outdated lens, adding that judges cannot impose their personal morality upon such individuals. “If two adults, even though one may be married, decide to live together or to have a sexual relationship, they must also take responsibility for...

Allowing Retention Of Seized Property Without Strictly Following PMLA Undermines Purpose Of Procedural Safeguards: Delhi High Court

The Delhi High Court on Friday ruled that allowing retention of seized property without strict adherence to PMLA provisions would amount to a violation of the legislative mandate of the enactment and would undermine the very purpose of incorporating procedural safeguards therein.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar said that the...

No Law Providing For Rights Of Viable Foetus If Born Alive, Lawmakers Must Address Issue: Delhi High Court

The law must clearly delineate the balance between maternal autonomy and foetal rights at the stage of viability, the Delhi High Court observed on Friday.Justice Arun Monga observed that with the increasing number of cases seeking termination of pregnancy beyond the statutory limit, the question of foetal viability has assumed considerable importance in abortion jurisprudence.“The law...

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...