Gauhati High Court Directs Assam Govt To Report On Action Taken Against Fake Doctors By Anti-Quackery Units In State

The Gauhati High Court was recently informed that in almost each of the district of the State of Assam, the Anti Quackery Units are already formed and regularly inspecting the clinical establishments in each district.The division bench of the Chief Justice Vijay Bishnoi and Justice Kaushik Goswami was hearing a PIL raising the problem of 'quacks' operating in the State of Assam. Pursuant to...

Ambitious Parents Illegally Securing Admission Of Wards To Good Colleges Foster Dishonesty, Deprive Deserving Candidates: Orissa High Court

The Orissa High Court has observed that ambitious parents who illegally secure their child's admission to colleges commit a crime and deprive deserving candidates of opportunities.While quashing a case under Section 138 of the NI Act and observing that it cannot be used in cases involving illegal transactions, Justice Sibo Sankar Mishra was taken aback by the fact that the complainant...

S. 138 NI Act | Cheque Bounce Case Not Maintainable If Complainant Is Party To Illegal Transaction: Orissa High Court

In an important decision, the Orissa High Court has held that a complainant cannot maintain a case for cheque bounce against the accused under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') if she herself is a party to illegal transaction, or in other words, if initially credit was given by the complainant for achieving an illegal purpose.While quashing the charge under...

Glorification Of Lawlessness Through Social Media, Reels 'Dangerous': Karnataka HC Orally Observes In X's Plea Against Centre's Sahyog Portal

X Corp (formerly Twitter) has filed a petition before the Karnataka High Court, seeking protection from any coercive action against the company, its representatives or employees, for not joining the censorship portal 'Sahyog', till the final adjudication of its petition.'Sahyog' Portal has been developed to automate the process of sending take down notices under Section 79(3)(b) of...

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court

The Delhi High Court division bench of Justice Yashwant Varma and Justice Harish Vaidyanathan has held that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is non-maintainable if it is not accompanied by a copy of the impugned award. The court held that the filing of the award is not a mere procedural requirement but a mandatory prerequisite for...

Time Is Precious, Courts Should Be Slow To Ignore Delay When Action Is Time-Barred: Madras High Court

The Madras High Court has stressed that courts should be slow to ignore delay once the limitation period for a particular suit expires and the action becomes time-barred. Justice Shamim Ahmed observed that the statute relating to limitation determines the life span of a legal remedy and as time passes, newer causes would come up necessitating newer persons to seek legal remedy....

Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer

The Madras High Court recently dismissed a petition challenging the constitutional validity of Section 13 of the Family Courts Act. Section 13 states that no party to a suit or proceeding shall be entitled to be represented by a legal practitioner as a right. The bench of Justice SM Subramaniam and Justice K Rajasekaran dismissed the plea noting that no further adjudication was...

Needless Deterrent Action Against Complainants Will Discourage Them From Bringing Grievances Against Public Authorities Before Lok Ayukta: Kerala HC

The Kerala High Court observed that needlessly taking deterrent actions against complainants under Section 21 of the Kerala Lok Ayukta Act for filing complaints against public authorities could discourage individuals from bringing their grievances before the Lok Ayukta.In the facts of the case, the petitioner filed a complaint alleging financial misdemeanour and illegal accumulation of...

Reservation Policy For Transgender Persons In NLSIU To Be Made By Executive Committee, Can't Be Done In Ad Hoc Manner: Varsity To High Court

The National Law School of India University (NLSIU) told the Karnataka High Court on Monday (March 17) that because of single judge's direction ordering the varsity to provide reservation of 0.5% to transgender persons with fee waiver, the "entire administration of admission process has been disturbed" and is interfering with its autonomy. Notably, the single judge had directed the varsity...

Customs Dept Repeatedly Told To Serve Notices, Orders On Assessee Via Email: Delhi High Court Seeks Compliance

The Delhi High Court has asked the Customs Department to scrupulously comply with its “repeated” direction to serve notices, orders on an assessee under the Customs Act, 1962 via email.Traditionally, correspondence related to any violation of the Act is made via post. However, with advent of technology and to avoid delays, Court had in Bonanza Enterprises vs. The Assistant Commissioner...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 10 - March 17, 2025

Nominal Index:Mohammad Jamal Sheikh Vs UT Of J&K 2025 LiveLaw (JKL) 78Executive Engineer And Ors. Vs Ghulam Mohideen Tantray 2025 Livelaw(JKL) 79Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 80Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 81Damni Rajrah & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 82Mohammad Abass Magray vs Union Territory of J&K 2025 Livelaw...

Burden Is On Assessee To Show Entitlement For Capital Gains Tax Exemption On Sale Of Agricultural Land: Kerala High Court

The Kerala High Court stated that burden of proof is on assessee to prove that he is entitled to capital gains tax exemption on sale of agricultural land. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “it is significant in this regard to observe that the claim of the assessee, being for exemption from the levy of income tax as applicable...