Ambitious Parents Illegally Securing Admission Of Wards To Good Colleges Foster Dishonesty, Deprive Deserving Candidates: Orissa High Court

The Orissa High Court has observed that ambitious parents who illegally secure their child's admission to colleges commit a crime and deprive deserving candidates of opportunities.While quashing a case under Section 138 of the NI Act and observing that it cannot be used in cases involving illegal transactions, Justice Sibo Sankar Mishra was taken aback by the fact that the complainant...

S. 138 NI Act | Cheque Bounce Case Not Maintainable If Complainant Is Party To Illegal Transaction: Orissa High Court

In an important decision, the Orissa High Court has held that a complainant cannot maintain a case for cheque bounce against the accused under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') if she herself is a party to illegal transaction, or in other words, if initially credit was given by the complainant for achieving an illegal purpose.While quashing the charge under...

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court

The Delhi High Court division bench of Justice Yashwant Varma and Justice Harish Vaidyanathan has held that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is non-maintainable if it is not accompanied by a copy of the impugned award. The court held that the filing of the award is not a mere procedural requirement but a mandatory prerequisite for...

Time Is Precious, Courts Should Be Slow To Ignore Delay When Action Is Time-Barred: Madras High Court

The Madras High Court has stressed that courts should be slow to ignore delay once the limitation period for a particular suit expires and the action becomes time-barred. Justice Shamim Ahmed observed that the statute relating to limitation determines the life span of a legal remedy and as time passes, newer causes would come up necessitating newer persons to seek legal remedy....

Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer

The Madras High Court recently dismissed a petition challenging the constitutional validity of Section 13 of the Family Courts Act. Section 13 states that no party to a suit or proceeding shall be entitled to be represented by a legal practitioner as a right. The bench of Justice SM Subramaniam and Justice K Rajasekaran dismissed the plea noting that no further adjudication was...

Needless Deterrent Action Against Complainants Will Discourage Them From Bringing Grievances Against Public Authorities Before Lok Ayukta: Kerala HC

The Kerala High Court observed that needlessly taking deterrent actions against complainants under Section 21 of the Kerala Lok Ayukta Act for filing complaints against public authorities could discourage individuals from bringing their grievances before the Lok Ayukta.In the facts of the case, the petitioner filed a complaint alleging financial misdemeanour and illegal accumulation of...

Reservation Policy For Transgender Persons In NLSIU To Be Made By Executive Committee, Can't Be Done In Ad Hoc Manner: Varsity To High Court

The National Law School of India University (NLSIU) told the Karnataka High Court on Monday (March 17) that because of single judge's direction ordering the varsity to provide reservation of 0.5% to transgender persons with fee waiver, the "entire administration of admission process has been disturbed" and is interfering with its autonomy. Notably, the single judge had directed the varsity...

Burden Is On Assessee To Show Entitlement For Capital Gains Tax Exemption On Sale Of Agricultural Land: Kerala High Court

The Kerala High Court stated that burden of proof is on assessee to prove that he is entitled to capital gains tax exemption on sale of agricultural land. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “it is significant in this regard to observe that the claim of the assessee, being for exemption from the levy of income tax as applicable...

RTI Act Doesn't Give Right To Seek Information With Motive To Harass: Punjab & Haryana High Court

The Punjab & Haryana High has said that the Right to Information Act (RTI Act) does not give right to anyone to seek information with a motive which amounts to harassing the employees of the Department.In the present case, the information of the complete record of the Department was sought from the Cooperative Society by a lawyer.Justice Harsimran Singh Sethi said, "The Right to...

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Subramonium Prasad has held that an order dismissing an application under Section 23(3) of the Arbitration & Conciliation Act is only a procedural order and does not qualify as an 'interim award' amenable to challenge under Section 34 of the Arbitration & Conciliation Act Brief Facts of the case: The petitioner issued a tender...

Illegality In Recognizing Colleges: MP High Court Asks Police To Collect CCTV Footage Near Nursing Council's Office To Check Its Activities

While hearing a PIL claiming irregularities in granting recognition to nursing colleges, the Madhya Pradesh High Court has directed the Additional Commissioner of Police (Cyber Crime), Bhopal to collect the CCTV footage of cameras installed in proximity of Madhya Pradesh Nursing Registration Council's (MPNRC) Office. The Court has also directed MPNRC to produce the "original files related...

Proceedings U/S 129 Of GST Act Are Summary Proceedings, Burden To Prove Actual Movement Of Goods Lies On Assesee: Allahabad High Court

The Allahabad High Court has held that proceedings under section 129 of the GST Act are summary proceedings where the burden to prove the actual physical movement of goods is on the assesee transporting the goods. It further held that authorities have the power to seize goods on grounds of undervaluation.Justice Piyush Agrawal held, “Under the taxing statute, in the original proceeding or...