[Wayanad Landslides] ₹782.99 Crores Available With State Disaster Response Fund Including ₹291 Crore Central Share: UoI To Kerala High Court

Following queries by the Kerala High Court regarding disbursal of funds for disaster relief in Wayanad, the Central government today filed a statement claiming that Rs. 782.99 crore is available in State's Disaster Response Fund including Rs. 291.20 crores released by the Union government.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. has now...

[Seat vs Venue] Bombay High Court Upholds Arbitrator's Discretion To Change Venue Of Arbitral Proceedings

The Bombay High Court bench of Justice Arun R. Pedneker has held that an arbitrator has the authority to change the venue to a conveniently located place even if the venue is specified in the agreement. The court held that the arbitrator may shift the venue if conducting proceedings at the agreed venue would be detrimental to the arbitration process. It observed that Section 20(3) does...

High Court Issues Notice On MLA Kartar Singh Tanwar's Plea Against Disqualification From Delhi Assembly

The Delhi High Court on Friday issued notice on a plea moved by MLA Kartar Singh Tanwar against his disqualification from Delhi Legislative Assembly by the Speaker.Justice Sanjeev Narula sought response of the office of the Legislative Assembly's Speaker as well as MLA Dilip Kumar Pandey who filed the disqualification petition against Tanwar. Tanwar contested the General Elections to the...

Punjab & Haryana High Court Allows Witness Living Abroad To Appear Through WhatsApp Video Call

Observing that it would be highly unfair to put witnesses to unnecessary difficulties when she wish to appear through ordinary video call instead of going to embassy, the Punjab & Haryana High Court has allowed a witness living in America to appear in trial court through WhatsApp video call.According to Video Conferencing Rules, if a witness is staying abroad then she is required to...

Dept Can't Justify Retention Of Refund Claim On Account Of Having Been Deposited Voluntarily By Taxpayer: Delhi HC

The Delhi High Court held that when the payment of refund was delayed, the assessee automatically becomes entitled to interest u/s 42 of the DVAT Act. After the assessee succeeds in vindicating its stand that its claim for refund was correct, it would follow that that the assessee would be refunded the amount claimed and interest would be payable, added the High Court. The High...

[NDPS Act] Person Cannot Be Prosecuted For Allegedly Smoking 'Beedi' Containing 'Ganja' Without Forensically Examining 'Beedi': Kerala High Court

The Kerala High Court has quashed the proceedings initiated against a man for allegedly smoking a beedi filled with ganja on finding that the beedi was not subjected to forensic examination.The proceedings were initiated against the man under Section 27 (b) of the NDPS Act. Section 27 (b) provides imprisonment for up to six months or ten thousand rupees fine or both for consuming narcotic...

Failed To Comply With S.23(4) Of MVAT Act Along With Non-Application Of Mind & Legal Malafide: Bombay HC Quashes Assessment, Imposes 50K Cost On Dept

While considering a case where the Commercial tax department has flagrantly breached the statutory provisions of Sec 23(4) of the MVAT Act, the Bombay High Court ruled that assessment order passed by Commissioner of Sales tax is vitiated by total non-application of mind. Since a strong prima facie case is made out about manipulating the date of passing the assessment order, the High...

Immature Approach By IO In Murder Probe By Not Sending Seized Material For Forensic Exam And Then Presuming Its Findings: Madhya Pradesh HC

While granting bail to man accused of murder due to lack of material–other than circumstantial evidence, connecting him to the alleged crime, the Indore bench of the Madhya Pradesh High Court expressed its discontent over the "immature approach" adopted by the Investigating Officer in the probe. A single judge bench of Justice Subodh Abhyankar in its order noted the State's submission that...

Sexual Harassment Case: Delhi High Court Issues Notice On Brij Bhushan Singh's Plea For Early Hearing In Case Against Framing Of Charges

The Delhi High Court on Friday issued notice on an application filed by BJP leader Brij Bhushan Sharan Singh seeking early hearing in his petition for quashing of the FIR, chargesheet as well as framing of charges against him in the sexual harassment case filed by women wrestlers.Justice Manoj Kumar Ohri issued notice on Singh's application and sought reply of the Delhi Police. The application...

Resolution Professional At S.94/95 Stage Cannot Decide On Maintainability Of Petition By Entering Into Merits: Karnataka High Court

The Karnataka High Court Bench of Justice N.V. Anjaria and K.V. Aravind, held that the role of the Registrar while registering the application under Section 95 of the Insolvency and Bankruptcy Code (IBC) is not adjudicatory in nature and this duty of the Registrar, NCLT was in no way adjudicatory trapping. Application of judicial mind towards merits has no place in discharge of...

Rajasthan HC Permits Accused To Virtually Join Trial From Jail, Notes Unnecessary Financial Burden On State Providing Security For His Travel

Rajasthan High Court has allowed an accused's plea for exemption from physical appearance before the trial court and permitted him to attend the proceedings, including recording of witness statements, through video conferencing, on the ground of the accused apprehending threat to security from the enemy gangs during travel.“…it is deemed appropriate that the petitioner's physical presence...

No Provision For Automatic Cancellation Of Driving School License On Holder's Death, State Should Allow Transfer To Successor: Rajasthan HC

Rajasthan High Court has ruled that automatic cancellation of the license for running a motor driving school (“license”) on the death of the licensee, in the absence of any statutory provision for the same, cannot be permitted.The bench of Justice Rekha Borana therefore quashed an order to this effect and directed the Transport Department to assess the eligibility of the deceased's...