S.143A NI Act Orders Not Interlocutory In Nature, Amenable To Revision Before Session's Court: J&K&L High Court

Reinforcing the procedural safeguards available to both complainants and accused in cheque dishonour cases, the Jammu & Kashmir and Ladakh High Court has held that an order passed by a Magistrate on an application under Section 143A of the Negotiable Instruments Act, 1881 is not an interlocutory order but an intermediate order, and therefore amenable to revision before the Sessions...

Pension | Employees Of Different Institutions Cannot Claim Parity In Service Merely Because Both Are Funded From Same Source: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that employees of two different institutions cannot claim parity in service conditions merely because both are funded from the same source.Justice Sanjay Dhar made this observation while dismissing a batch of writ petitions filed by serving and retired employees of J&K Sainik School who had sought extension of pensionary benefits on...

APVAT Act | Mere Passing Of Refund Order Within 90 Days Without Actual Disbursement Does Not Save State From Interest Liability: AP High Court

The Andhra Pradesh High Court has observed that mere passing of an order for refund within the statutory period of 90 days, without actual disbursement of the amount within the said period, does not suffice to avoid liability to pay interest as prescribed under the Andhra Pradesh Value Added Tax (APVAT) Act, 2005 and the A.P. VAT Rules, 2005, as the law mandates that refund must actually...

Delhi High Court Advances Hearing In MJ Akbar's Appeal Against Priya Ramani's Acquittal In Criminal Defamation Case

The Delhi High Court on Tuesday advanced hearing in the appeal filed by former Union Minister MJ Akbar, against acquittal of journalist PriyaRamani in the criminal defamation case filed by him over the "metoo" sexual harassment allegations made by her.Justice Ravinder Dudeja allowed the application filed by Akbar to advance the hearing from May 07 next year. The Court has now listed the...

Bombay High Court Temporarily Restrains Kataria Insurance Brokers From Using 'KATARIA' Trademark

The Bombay High Court has temporarily restrained Ahmedabad-based Kataria Insurance Brokers Private Limited from using the name “KATARIA INSURANCE” or any other name, mark or website containing the word “KATARIA” for insurance-related services. The court held that such use is deceptively similar to the registered trademark of Mumbai-based Kataria Jewellery Insurance...

Accused Cannot Demand Company and Bank Records During Investigation To Answer Queries: Delhi High Court

The Delhi High Court has held that an accused cannot invoke Section 91 of the Code of Criminal Procedure to seek production of company and bank records during an ongoing investigation merely to help him answer questions during interrogation, ruling that such a demand would amount to allowing the accused to interfere with the investigation. Dismissing a petition filed by Shantanu Prakash,...

Delhi High Court Orders Removal Of 'Objectionable Content' Against Jammu & Kashmir Deputy CM On Social Media

The Delhi High Court on Tuesday ordered removal of objectionable content on social media against Surinder Kumar Choudhary, Deputy Chief Minister of Jammu and Kashmir. Justice Amit Bansal said that prima facie case was made out in favour of Choudhary in the defamation suit filed by him. “Prima facie case is made out….,” the judge said. The Court noted that as per the suit, Choudhary has...

Delhi High Court Issues Notice On Plea For Contempt Action Against DGCA, Centre Over FDTL Exemptions For Pilots

The Delhi High Court on Tuesday issued notice on a contempt petition against the Director General of Civil Aviation (DGCA) and Union Government for granting exemptions to airlines from implementing the Flight Duty Time Limitation (FDTL) scheme. Justice Amit Sharma sought response of the authorities on a plea filed by Indian Pilots Guild, a union of Air India pilots. The matter will be heard...

“Neither Airport Nor Immigration Authorities Made Arrangements To Send Suraj Lama Home”: Police Tells Kerala HC Over Missing Kuwait Deportee

The Deputy Superintendent of Police, Aluva has filed a report before the Kerala High Court in connection with the investigation into the disappearance Suraj Lama, who has been missing since October 5 after he arrived in Kochi from Kuwait following his deportation.The report was submitted before the division bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha, which...

Extra Profit Received By Broker Due To Technical Glitch Not Unjust Enrichment: Bombay High Court Upholds Award In Favour Of Kotak Securities

The Bombay High Court has held that profits earned by a client by utilising an increased trading margin erroneously reflected due to a technical glitch in the broker's system cannot be treated as “unjust enrichment”. The Court observed that mere availability of margin created an opportunity to trade, but the profits ultimately arose from the client's skill and risk-taking, and...

Despite Long Cohabitation, Woman Can't Claim Maintenance From Partner U/S 125 CrPC If Her First Marriage Subsists: Allahabad High Court

The Allahabad High Court has ruled that a woman can't claim maintenance under Section 125 CrPC from a partner she lives with if her first marriage is still legally valid. The Court held that even a long-term relationship resembling marriage does not grant her the legal status of a 'wife' if she has not obtained a divorce from her first husband.A bench of Justice Madan Pal Singh observed...

Codeine Syrup 'Racket' | Allahabad High Court Grants Interim Relief To Alleged Kingpin, Other Co-Accused In NDPS Act FIR

Last week, the Allahabad High Court granted an interim stay on arrest to the alleged kingpin, Shubham Jaiswal and a few other co-accused in connection with an FIR lodged under the Narcotic Drugs and Psychotropic Substances Act, 1985, concerning the suspected Codeine Cough Syrup Racket. Various persons, including Shubham Jaiswal, approached the High Court under Article 226 of the...