Property Seized Due To Dispute Must Be Released To Rightful Owner If Not Needed For Logical Conclusion Of Trial: Allahabad High Court

The Allahabad High Court has held that where the property seized by an investigating agency is not needed for the logical conclusion of trial/ litigation, the same must be released in favour of the rightful owner. It held that who is the rightful owner of the property so seized must be decided based on preponderance of probabilities.Holding that no person can be deprived of his/her...

Madras High Court Sets Aside Discharge Of Minister Durai Murugan In Disproportionate Assets Case, Calls Special Court's Finding Perverse

The Madras High Court has set aside the discharge of Tamil Nadu Minister Durai Murugan in a disproportionate asset case. Justice P Velmurugan noted that the Special Court had simply allowed a discharge petition filed by the Minister without framing charges or without giving an opportunity to the Prosecution to put forward the case. The court also noted that the special judge...

Expedite Process To Establish Fast Track POCSO Court Within 2 Months: Punjab & Haryana HC Directs Haryana Govt

The Punjab & Haryana High directed the Haryana Government to expedite the process of of establishing fastrack Prevention of Children from Sexual Offences (POCSO Act) Court within the period of three months.Chief Justice Sheel Nagu and Justice Sumeet Goel said, "to expedite the process of establishment of Fast Track Special Courts under POCSO Act, the State of Haryana is directed to...

Maintaining Faith In Judiciary Is Crucial: Allahabad HC Upholds Judicial Officer's Compulsory Retirement Over Adverse Service Record

The Allahabad High Court has upheld the compulsory retirement of Special Judge (SC/ST Act) based on adverse entries in against him in his service record which had attained finality.Holding that adverse entries existed which could lead the Screening Committee to recommend compulsory retirement of the Judicial Officer, the bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held,...

Delhi High Court Weekly Round-Up: April 21 To April 27, 2025

Citations 2025 LiveLaw (Del) 455 to 2025 LiveLaw (Del) 481NOMINAL INDEXMOTHER X OF VICTIM A v. STATE OF NCT OF DELHI & ANR. 2025 LiveLaw (Del) 455 Union of India & Anr. vs. Sudhir Tyagi 2025 LiveLaw (Del) 456 ALL INDIA BAR ASSOCIATION OF NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION v. UNION OF INDIA & ANR. 2025 LiveLaw (Del) 457 Mohd Sheikh Noor Hussain vs. State NCT Of...

Provisions Of Section 26E SARFAESI Act & Section 34 RDB Act Prevails Over Section 24 Of TNGST Act: Madras High Court

The Madras High Court stated that provisions of Section 26E of the SARFAESI Act and Section 34 of the Recovery of Debts and Bankruptcy Act would prevail over the provisions of Section 24 of the Tamil Nadu General Sales Tax Act. The Division Bench of Justices Anita Sumanth and G. Arul Murugan observed that “in the juxtaposition of Section 26E of the SARFAESI Act with Section 34 of...

26 Yrs On, Rajasthan HC Laments Plight Of Meritorious Visually Impaired Man Denied State Service Cadre For Not Fitting State's Check-Boxes

After over 2 decades, Rajasthan High Court granted relief to a visually impaired candidate who, despite being meritorious in the Examination, was not appointed under Rajasthan Administrative Service (RAS) but under State Accounts Service. This was because the State had not considered him disabled enough for reservation under disabled category and he was also not considered medically fit under...

Non-Supply Of Grounds Of Arrest In Writing Enough To Challenge Arrests Effected Before SC's Order In Prabir Purkayastha's Case: Karnataka HC

The Karnataka High Court has held that non-service of grounds of arrest in writing with respect to any alleged offence even on a non-habitual offender shall be adequate grounds to contest the lawfulness of any arrest effected, even prior to the pronouncement of the Supreme Court judgment in the case of Prabir Purkayastha. For context the Supreme Court in Prabir Purkayastha's case postulated...

Encroacher Cannot File Prohibitory Injunction Against True Owner Of Land: Himachal Pradesh High Court

The Himachal Pradesh High Court (“High Court”) bench of Justice Rakesh Kainthla dismissed a review petition on the ground that the encroacher of the state land cannot file a prohibitory injunction against the true owner of the land.Background Facts: The review petition has been filed by the petitioner seeking review of judgement titled Subhash Chander Mahendra (deceased through...

Corruption In ED, CBI And Other Govt Departments Shakes Entire Edifice Of Investigating Machinery : Delhi High Court

While granting remand of three government officials to the CBI, the Delhi High Court has observed that the allegation of conspiracy among officials of CBI, ED and other government departments for taking bribes “shakes the entire edifice” of the investigating machinery and thus necessitates interrogation by the investigating agency.Justice Neena Bansal Krishna noted that “It is one of...

Mandatory To Fill Part B Of E-Way Bill In Transactions After April 2018: Allahabad High Court

Recently, the Allahabad High Court has held that it is mandatory for the assesee to download the complete E-way Bill including Part-B of the E-way Bill for transactions after April 2018. Distinguishing the earlier judgment of the High Court in M/s. Varun Beverages Limited vs. State of U.P. and 2 others, M/s. Falguni Steels vs. State of U.P. and others, and others, Justice Rohit...

Chhattisgarh HC Allows Plea Of Daily Wage Helper In Ayurvedic Health Care Centre Seeking Regularisation Of Services After Two Decades

The Chhattisgarh High Court has allowed a petition seeking regularisation of services of an employee working in State's Ayurvedic Health Care Centre as Aushdhalay Sevak (Helper) on daily wage for two decades.Ordering a proper assessment of the employee's case and records, a Single Judge Bench of Justice Bibhu Datta Guru held,“Having regard to the facts and circumstances of the case and...