High Courts
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...
PC Act | When Sanction Isn't Granted For Substantive Offence, Public Servant Can't Be Prosecuted Only For Conspiracy: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that if sanction to prosecute a public servant is not granted under Prevention of Corruption Act then he cannot be prosecuted for the offence of criminal conspiracy.Justice Manjari Nehru Kaul said, "view that a public servant, in respect of whom sanction to prosecute has not been granted under Section 19 of the PC Act, and who is,...
Litigating Public Enjoys Adjournments, Its Role In Court Delays A Menace Neither Spoken Of Nor Condemned: Allahabad HC
In an interesting observation, the Allahabad High Court last week said that the role of litigants in contributing to judicial delays is often overlooked. Calling it a 'menace' that is 'neither spoken of nor condemned', the Court opined that this tendency was required to be 'discouraged firmly'. A bench of Justice JJ Munir called it 'surprising' that despite widespread protests...
Gauhati High Court Closes PIL Against Allegedly Illegal Land Possession Certificates For Reserve Forest, Says Govt Enquiry Found No Illegality
The Gauhati High Court at Itanagar on Monday (April 28) disposed of a PIL regarding the alleged illegality in issuance of the Land Possession Certificates/No Objection Certificates in the reserve forest under the Namsai Forest Division by observing that the Government has already set up an enquiry and as per the enquiry report, no illegality has been committed in issuance of the...
Central Govt Is Appropriate Authority For Industrial Disputes Involving Nationalized Companies Irrespective Of Contrary Notifications : Calcutta HC
The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that when an industry is nationalized and carried on under the authority of the Central Government pursuant to a statute like the Nationalization Act, the Central Government is the “appropriate government” under Section 2(a)(i) of the Industrial Disputes Act, 1947 for adjudication of industrial...
'CBI Officers Think They Have Sky High Powers, No One Can Question Them': Madras HC Suggests Revamping Probe Agency's Image
The Madras High Court has issued suggestions to relook and revamp the manner in which the CBI investigations are being conducted in the country to regain the lost image of the investigation agency in the eyes of the common people. Justice KK Ramakrishnan noted that the manner of CBI's working, in arraying unwanted accused, continuing unwarranted investigation, deleting important...