Bombay High Court Rejects Shiv Sena MLA's PIL On Misuse Of Social Media By Influencers, Comedians

The Bombay High Court today refused to entertain a Public Interest Litigation (PIL) filed by a sitting MLA, Kiran Samant, concerning 'misuse' of social media by influencers, content creators and comedians.A bench of Chief Justice Alok Aradhe and Justice M. S. Karnik observed that an efficacious remedy is available under the Information Technology (Procedure and Safeguards for Blocking for...

Champak Magazine Moves Delhi High Court Alleging Trademark Infringement By BCCI Over Naming IPL Robot Dog 'Champak'

Champak Magazine on Wednesday filed a trademark infringement suit before the Delhi High Court against Board of Control for Cricket in India (BCCI) over naming of Indian Premier League's (IPL) AI robot dog as “Champak.”Justice Saurabh Banerjee issued notice on the interim injunction application filed by the comic magazine and granted four weeks' time for filing of written responses....

J&K Compassionate Appointment Rules | Rule 3(2) Extends Discretion To Govt To Appoint Dependents To Higher Posts: High Court

Shedding light on the the statutory structure of compassionate appointments under SRO 43 of Jammu and Kashmir (Compassionate Appointment) Rules, 1994, the High Court of Jammu and Kashmir and Ladakh has held that Rule 3(1) is a general provision for offering appointments in the lowest non-gazetted posts, while Rule 3(2) confers exclusive discretionary power upon the Government in the...

Karnataka High Court Grants Ex-Parte Injunctions In Favour Of Neil Patel Digital LLC In Dispute Over Breach Of LLP Agreement

The Karnataka High Court bench of Justice Suraj Govindaraj has passed ex-parte injunctions under Section 9 of the Arbitration and Conciliation Act, 1996, in favour of Neil Patel Digital LLC (“NPD LLC”). The disputes had arisen from breach of the covenants of a Limited Liability Partnership Agreement. The LLP Agreement contained various negative covenants restricting the Respondent...

Either Parent Can't Be Implicated For Kidnapping Their Own Child As Both Are Equal, Natural Guardians: Punjab & Haryana HC

The Punjab & Haryana High Court has said that a parent cannot be implicated for the offence of kidnapping their own child as both parents are equal natural guardians.Justice Harpreet Singh Brar said, “For an incident to be considered as kidnapping, it is necessary that the minor child is taken away from the custody of a 'lawful guardian.' However, a mother falls well within its...

Madras High Court Sets Aside Discharge Of Tamil Nadu Minister MRK Paneerselvam In Two Disproportionate Asset Cases

The Madras High Court has set aside the discharge of Tamil Nadu Agriculture and Farmers' Welfare Minister MRK Paneerlsevam in two disproportionate asset cases. Justice P Velmurugan set aside the order passed by the Special Judge, Cuddalore in 2016, discharging the Minister from the case filed by the Department of Vigilance and Anti-Corruption. The case was registered alleging that...

Bar Associations Are Not "State" Under Article 12 Of The Constitution Of India: Bombay High Court

Bar Associations if held to be a "State" within the meaning of Article 12 of the Constitution of India, it would certainly lead to a "chaotic" situation, the Bombay High Court held recently.A division bench of Justices Girish Kulkarni and Advait Sethna dismissed the petition filed by four advocates challenging the notice issued by the Kolhapur District Bar Association (KDBA), by which it...

Set-Off Period Cannot Be Taken Into Account For Calculating Remission: Kerala High Court

The Kerala High Court held that set – off period cannot be taken into account while calculating days for remission.For context, Section 428 of Cr.P.C (Section 468 of BNSS) says that the number of days a person has undergone detention before the date of conviction can be set off against the term of imprisonment. The Kerala Prisons and Corrections Service (Management) Rules, 2014 lays out...

Entitlement To ACP/MACP Benefits Is Based On Completion Of Qualifying Service, Not On Additional Qualifications: Jharkhand HC

The Jharkhand High Court bench comprising Justice Ananda Sen held that under the ACP/MACP Schemes, financial upgradation must be granted on completion of regular service without insisting on additional qualifications. Further the subsequent government resolutions cannot retrospectively affect accrued service benefits. Background Facts The petitioner was appointed on 15.04.1980 in...

Calcutta High Court Orders Identification Of Individuals Who Heckled Lawyers, Insulted Judge On HC Premises

The Calcutta High Court has ordered the Kolkata police to identify those who had allegedly heckled certain lawyers including Senior Advocate Bikash Ranjan Bhattacharya, on the High Court premises, as well as made insulting remarks towards Justice Biswajit Basu.A division bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee (Das) was approached by a group of lawyers who...

Bombay High Court Denies Relief To Police Officer Who Laughed At Judge On VC While Recording Evidence

The Bombay High Court recently refused to quash a letter issued by a Sessions Court in Beed district to the Director General of Police (DGP), Maharashtra to frame 'Standard Operating Procedure (SOP) for police officials to maintain decorum in the court while recording evidence through video conferencing facility. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale dismissed...

Lawyers Running Individual Practice Exempt From Levy Of GST, Service Tax: Orissa High Court

The Orissa High Court has reminded the GST and Service tax authorities not to harass practicing lawyers by issuing them notices for levy of GST or service tax.A Chief Justice Harish Tandon and Justice BP Routray thus quashed the notices issued to a Bhubaneswar based lawyer demanding service tax of Rs.2,14,600/- and penalty of Rs.2,34,600/- plus interest.It observed, “in view of the...