Customs Department's Baggage Rules Have 'Limited Application' On Foreign Tourists: Delhi HC Orders Release Of Russian National's Gold Chain

The Delhi High Court has held that the Baggage Rules 2016 which are framed under the Customs Act 1962 to ensure that every passenger entering India passes through a Customs check has limited application on foreign tourists coming to India.While holding so, a division bench of Justices Prathiba M. Singh and Dharmesh Sharma ordered the release of a Russian national's gold chain, valued at about...

Department Retaining Balance Amount After Tax Demand Is Reduced Violates Article 14 & Article 265 Of Constitution: Jharkhand High Court

The Jharkhand High Court stated that retaining balance amount by department after the tax demand is reduced is violative of Article 14 & Article 265 of the constitution. The Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan observed that the department cannot retain the amounts deposited by the assessee pursuant to condition imposed by...

Unregulated Chemicals In Diagnostics: High Court Orders Centre, State To Submit List Of NABL Accredited Path Labs Within Madhya Pradesh

While hearing a PIL concerning use of unregulated chemicals, re-agents, salts for medical diagnostics in pathological labs across the country, the Madhya Pradesh High Court has directed the Central and State authorities to provide list of pathological labs accredited to National Accreditation Board For Testing And Calibration Laboratories (NABL) within the State. The court also asked...

“Democracy Still In Its Infancy”: Madras High Court In Plea To Educate Politicians, Citizens Against Religion And Caste Based Voting

While dismissing a plea seeking a system for educating voters against the corrupt practice of seeking votes in the name of religion, caste or language and uphold the Constitution of the country, the Madras High Court recently observed that the Indian Democracy, though 75 years old is still in its infancy. The bench of Justice R Subramanian and Justice G Arul Murugan noted that though...

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947

The Bombay High Court imposed Rs. 2 lakh in exemplary costs on the petitioners for 'taking chances' with the court process by filing a petition claiming ownership of land acquired in 1947, offering no explanation for the 77-year delay and making contradictory pleadings and unverified averments.A division bench of Justice M.S. Sonak and Justice Jitendra Jain remarked, “Based upon...

Ejectment Allowed For Reconstruction But Rebuilt Property Must Be Offered To Evicted Tenant At Market Rate: J&K High Court

Shedding light on the mandate of Section 13 of J&K Houses & Shops Rent Control Act 1966 the Jammu and Kashmir and Ladakh High Court has reaffirmed the legal principle that while the law permits a suit for ejectment on the ground of personal requirement for reconstruction, it forbids a landlord from occupying a building obtained solely on the ground of rebuilding without offering the...

Unilateral Conditions Imposed By State On Land Allotee Violate Constitutional Right To Property: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the Punjab Government's Greater Mohali Area Development Authority (GMADA) could not unilaterally alter contractual terms or impose extra charges not specified in the original allotment scheme.Justice Sureshwar Thakur and Justice Vikas Suri said, "Through the imposition of the impugned condition, there has been a unilateral...

Bombay High Court 'Shocked' As Thane Court Stays Magistrate's Finding That Badlapur Encounter Was Fake

The Bombay High Court on Thursday expressed 'shock' over a Thane Sessions Court judge, who stayed the 'findings' of a Magistrate Enquiry, which concluded that there was 'substance' in the allegations made by the parents of the accused in the Badlapur Sexual Assault Case that their son was killed in a 'fake encounter.'A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale...

Allahabad High Court Deprecates Practice Of Authorities Using 'Blacklisting' As A Tool For 'Extraneous' Reasons

Emphasising that the punishment of blacklisting is required to be imposed upon a person only in rare cases, as the same is extremely harsh and stringent, which deprives a person of his right to carry on business, the Allahabad High Court recently noted that the authorities often use the tool of blacklisting as a mechanism for extraneous reasons. “Such practices are deprecated by...

'Depicts Unwelcome State Of Affairs': Karnataka HC In PIL Against Govt Order Making Appointments To Implement 5 Guarantees Of Congress

The Karnataka High Court on Thursday (February 27) issued notice to the State Government on a public interest litigation filed questioning the appointments of Chairman, Vice Chairman and other members to the State, District and BBMP level committees formed for implementation of the five guarantees in the state.A division bench of Chief Justice N V Anjaria and Justice M I Arun issued notice on...

Female Partner In Live-In Relation Is 'Vulnerable': Uttarakhand HC; State Govt Asserts UCC Implemented After Consultation

Hearing two other Public Interest Litigation (PIL) pleas challenging the Uniform Civil Code (UCC) provisions, especially rules on Live-In Relationships, the Uttarakhand High Court today orally remarked that the female partner is more vulnerable in such relationships. A bench of Justice Manoj Tiwari and Justice Ashish Naithani also asked Solicitor General Tushar Mehta, appearing for...

Deliberately Misled Consumers: Delhi HC Decrees Castrol Ltd's Trademark Infringement Suit Against Engine Oil Manufacturers, Awards ₹20 Lakh

The Delhi High Court recently granted permanent injunction in favour of the automobile lubricants manufacturer Castrol Limited, against trademark and trade dress/package infringement by businesses manufacturing, selling and advertising engine oils and lubricants.Justice Mini Pushkarna awarded Rs. 20 lakh of costs and damages to Castrol, decreeing the suit against engine oil manufacturers...