Kerala Court Denies Anticipatory Bail To CPM Leader Accused Of Abetting ADM's Suicide

A Kerala Court has dismissed the anticipator bail application of CPM Member and former Kannur district Panchayath President PP Divya, accused of abetting the suicide of Additional District Magistrate Naveen Babu.Thalassery Principal Sessions Court Judge K T Nisar Ahammed dismissed the bail plea today. As per the case registered by the police, ADM Naveen Babu allegedly committed suicide due...

Conduct Training Programs For 'Pradhans' Under UP Panchayat Raj Act, 1947: Allahabad High Court To State

Recently, the Allahabad High Court has directed the concerned department of the State to initiate training programmes to make the Pradhans in the State aware about their rights and duties under the U.P. Panchayat Raj Act, 1947.Several public interest litigations were filed in the Allahabad High Court challenging the construction of water tanks and RCC centres on the land reserved for...

Madras High Court Directs State To Ensure That Persons Holding Diploma In Siddha Medicine Do Not Practice It

The Madras High Court recently directed the State Government and the Director General of Police to ensure that those having a diploma certificate in Siddha Medicine are not practicing Siddha Medicine. The court added that such a situation would create havoc in the society which was already dealing with several cases of quacks. “If any of these students are practicing Siddha...

Trial Court Believed Prosecution Story In Haste, Convicted Without Seeking Production Of Contraband: Gauhati HC Overturns NDPS Conviction

The Gauhati High Court recently set aside the conviction and sentence order passed by the Trial Court under Section 20 (b) (ii) (c) of NDPS Act on the ground that the seized contraband were not produced before the Trial Court and no inventory was prepared by the magistrate.The single judge bench of Justice Malasri Nandi observed:“In the case in hand, there is no denial of the fact that...

PMLA | Enforcement Directorate Is Well Within Rights To Challenge Closure Report In Predicate Offence: Madras High Court

The Madras High Court recently held that once a complaint under the Prevention of Money Laundering Act was registered, the Enforcement Directorate was within its right to challenge the closure report filed in the Predicate Offence if the same resulted in miscarriage of justice.“During the pendency of complaint under PMLA, if the predicate offence is closed, in the present case, it resulted...

Reasonable Time Limit Applies Even Without Statutory Limitation; P&H HC On Labor References

Punjab & Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal allowed Punjab and Sind Bank's petition challenging a labor reference order made after an 11-year delay. The Court ruled that criminal acquittal cannot revive a dismissed labor dispute, especially when approached after an unreasonable delay. Despite no statutory limitation period under Section 10...

Candidates Have No Right To Mutilate DU's Walls In DUSU Election: Delhi HC Directs Them To File Affidavit, Take Steps To Beautify Campus

While hearing a plea concerning the "defacement" of public property in Delhi University pertaining to the Delhi University Students' Union (DUSU) elections, the Delhi High Court on Monday (October 28) orally remarked that none of the candidates had to right to "mutilate the walls" of the University campus or of any private residence in the city. While expressing its concern the court...

Live-Streaming Of Case At Calcutta High Court Interrupted By Obscene Video, Complaint Lodged

Live streaming of a case at the Calcutta High Court on Monday, was abruptly interrupted due to the display of obscene photos and videos during the virtual hearing, which was being held on Zoom.Justice Subhendu Samanta was holding a vacation bench when the alleged photos and videos were displayed during the hearing of a case.While the interruption could not be immediately rectified, the...

Assessment Order Passed Before Expiry Of Time To File Reply Is Liable To Be Set Aside: Kerala High Court

The Kerala High Court stated that any assessment order issued before the time allowed for filing a reply has no legal validity and can be overturned.The Bench of Justice Gopinath P. observed that “…….the assessee had filed an appeal against the order is no ground to refuse relief to the assessee as the original order was clearly issued in violation of principles of...

Condonation Of Delay Application Should Focus On Sufficient Reason, Not Merits Of Claim U/S 119(2)(B) Of Income Tax Act: Kerala High Court

The Kerala High Court stated that an application for condonation of delay should focus on whether there was sufficient reason to condone the delay under Section 119(2)(B) of the Income Tax Act, rather than on the merits of the assessee's claim.Section 119(2)(B) of the Income Tax Act, 1961 empowers CBDT to direct income tax authorities to allow any claim for exemption, deduction, refund and...

S.50 NDPS Act Not Applicable To Vehicle Search, Punjab & Haryana High Court Refuses Bail In Alleged Recovery Of 3.5 Quintals Of Ganja

The Punjab and Haryana High Court has rejected bail in the alleged drugs case where in a truck driver was allegedly found in possession of 3 quintals and 59 kgs of Ganja, observing that a huge recovery was effected from the truck and it cannot be held that there was non compliance of Section 50 of the NDPS Act.Justice N.S. Shekhawat said that, "a huge recovery was effected from the truck and...

Cheque Bounce Complaint U/S 138 NI Act Maintainable Even If Civil Suit For Recovery Is Instituted: Karnataka High Court Reiterates

The Karnataka High Court has held that a complaint for offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, notwithstanding the civil suit filed for recovery of the money.A single judge bench of Justice M Nagaprasanna held thus white dismissing a petition filed by one Lalji Kesha Vaid. It said “The complaint for offence punishable under Section 138...