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...

'Preservation Of Periyar Vital But No Breakthrough': Kerala High Court Presses For Urgent Cleaning Of River, Its Tributary

The Kerala High Court has expressed dissatisfaction over the continued delay in ameliorating the contamination of Periyar River, particularly at the Kuzhikandam Thodu stretch.A Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha was hearing a batch of petitions concerning pollution in the river, particularly Kuzhikandam thodu- its tributary. A.X. Varghese,...

CAG Report Can't Impose Financial Liability Without Due Adjudication: J&K High Court Quashes FCI's Recovery Against Flour Mills

The Jammu and Kashmir and Ladakh High Court has ruled that even if a report of the Comptroller and Auditor General of India (CAG) is considered to possess some evidentiary value, it can at best serve as an indication of possible irregularities and cannot be treated as conclusive proof to impose financial liability.“The CAG, being a constitutional audit authority, is not vested with...

Facilitate Temple Darshan For Persons With Disabilities, Consider Fixing Specific Days/Time Slots: Kerala High Court To Devaswom Boards

The Kerala High Court on Friday (September 12) issued a set of directions to the four Devaswom Boards in the State, namely, Travancore, Cochin, Guruvayoor and Malabar Devaswom Boards, in order to facilitate temple darshan for persons with disabilities (PWDs).The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition, which was registered...