'Inordinate Delay In Registering FIR', Kerala High Court Grants Anticipatory Bail To Malayalam Actor Baburaj In Sexual Harassment Case

The Kerala High Court has allowed the anticipatory bail application moved by Malayalam film actor Baburaj in connection with allegations of sexual harassment that came to light following the Hema Committee report, with stringent conditions. The Court has directed actor Baburaj to surrender before the Investigating officer in ten days.The crime was registered against him at the Adimali...

S.50 PMLA Statement Given In ED Custody Inadmissible: Madhya Pradesh HC Gives Bail To Man Booked For Importing Poppy Seeds Worth Rs 140 Cr

While allowing a man's bail plea booked for money laundering under the Prevention of Money Laundering Act, the Indore bench of the Madhya Pradesh High Court has reiterated that statements of the accused recorded by the investigating agency under Section 50 PMLA while he was in custody shall be inadmissible against him.In doing so it also observed that in the present case the opinion formed by...

Bombay High Court Takes Cognizance Of Civic Officer, Advocate Abusing And Assaulting Court Peon, However Accepts Their "Unconditional Apologies"

The Bombay High Court recently took suo motu cognizance of an "unfortunate incident" which took place in the Court premises, wherein an advocate and an official of the Nashik Municipal Corporation (NMC) abused a court peon in a filthy language after they were asked to maintain silence.A division bench of Justices Ajay Gadkari and Kamal Khata was disturbed to take note of the incident...

Delhi High Court Weekly Round-Up: November 18 To November 24, 2024

Citations 2024 LiveLaw (Del) 1246 to 2024 LiveLaw (Del) 1281NOMINAL INDEXANI v. RSY News & Anr. 2024 LiveLaw (Del) 1246 Kanwar Singh Yadav vs. Delhi Tourism and Transport Development Corporation Limited 2024 LiveLaw (Del) 1247 Gautam Gambhir v. State 2024 LiveLaw (Del) 1248 SHABANA v. GOVT OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 1249 SUBATA KHAN v. GNCTD 2024 LiveLaw (Del)...

Incorrect Classification Is Not By Itself Collusion/ Wilful Misstatement U/S 28AAA Customs Act; Prior Determination By DGFT Must: Delhi HC

The Delhi High Court has held that a misclassification or an incorrect classification of goods to be imported or exported would not ipso facto amount to collusion, wilful misstatement, or suppression of facts under Section 28AAA Customs Act, 1962. The provision provides for recovery of duties in cases where an instrument issued to a person has been obtained by him by means...

Power Under Article 227 Of Constitution To Be Used Sparingly, Cannot Be Used For 'Correcting Mere Errors': Jharkhand High Court Reiterates

While hearing a plea seeking exercising of power under Article 227 of Constitution and for passing interim orders till fresh orders are passed by the concerned court, the Jharkhand High Court reiterated that power under the provision is to be used sparingly and cannot be used to correct "mere errors". In doing so the court further observed that if the power is used in this manner, then it...

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Subramonium Prasad has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application seeking impleadment of a party, does not qualify as an interim award. So, it cannot be challenged under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: The petition was filed under Section 34 of...

Allahabad HC Comes To Aid Of Visually Impaired Candidate Who Couldn't Fill AIBE Form Due To Error In LLB Results

The Allahabad High Court last week came to the aid of a visually impaired candidate who could not apply for the All-India Bar Examination (AIBE)-XIX in time, admittedly due to an error in his 5th-semester examination result caused by his University. Though the University rectified the error and declared the candidate passed, the petitioner, due to the said error, could not submit...

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge Bench. The Court...

“Serious Issue”: Madras High Court Orders Probe After IO Says She Didn't Investigate Case, Her Signatures Were Forged

The Madras High Court recently ordered a de novo investigation into a case after the Investigation Officer informed the court that she had not investigated the case and her signature in the final report was forged. After the unusual turn of events, Justice Anand Venkatesh directed the CBCID to take over the investigation. The court added that the investigation should not be limited to...

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of...

'Concealment Of Income' & 'Furnishing Inaccurate Income Particulars' Distinct Grounds For Penalty U/S 271(1)(c) Of IT Act, Can't Be Clubbed: Delhi HC

The Delhi High Court has made it clear that when the Revenue proposes to impose penalty on an assessee under Section 271(1)(c) of the Income Tax Act, 1961 for alleged 'concealment of particulars of income' or for 'furnishing inaccurate particulars of income'- it must specify which one of the two charges it seeks to press and the Revenue cannot be permitted to club both. A division bench...