Consider Introducing More Responsibilities Under Bombay Police Act For Cops To Tackle Issue Of Illegal Hawkers: High Court Suggests State

The Bombay High Court on Wednesday asked the Maharashtra government if it can consider amending the provisions of the Bombay Police Act and also the Mumbai Municipal Corporation (MMC) Act to add more responsibilities for the city's police officers, so that they can help out the civic officials in curbing the menace of illegal hawkers in the city.A division bench of Justices Ajay Gadkari and...

'Ruthless Criminal Also Entitled To Life Of Dignity': Orissa HC Commutes Death Sentence Awarded To 9 Persons For Witchcraft Triple Murder

The Orissa High Court on Wednesday (January 15) commuted the death sentence awarded to nine persons by the Sessions Judge, Rayagada for committing murder of three members of a family in 2016, suspecting their involvement in witchcraft.While lessening the sentence to imprisonment till the end of natural life, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik...

Expert Tribunal's Award Did Not Suffer From Patent Illegality, Cannot Be Set Aside U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Yashwant Varma and Justice Dharmesh Sharma has held that the scope of interference by the Court with the arbitral award under Section 34 is very limited, and the Court is not supposed to travel beyond the aforesaid scope to determine whether the award is good or bad.In the present case, the court held that the expert tribunals award did not suffer from...

'Material In Chargesheet Doesn't Make Out Offence': Punjab & Haryana HC Quashes FIR Against Woman Booked For Spreading COVID-19

The Punjab & Haryana High Court quashed an FIR lodged against a woman–an international civil servant with the United Nations–who traveled from South Africa to India, under Sections 269 IPC and Section 51 of Disaster Management Act for allegedly spreading COVID-19 infection during the outbreak in 2021.As per Section 269 IPC, whoever unlawfully or negligently does any act which is,...

Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court

The Kerala High Court has held that interim release of goods can be ordered pending adjudication of notice under section 130 GST Act in lieu of fine.The Bench of Justice Murali Purushothaman observed that “….the adjudication can be proceeded even if the goods are released pending adjudication. Even if confiscation is ordered, there is an option to the owner of the goods to pay fine...

Revocation Petition Can Be Filed Or Sustained After Expiry Of Term Of Patent: Delhi High Court

The Delhi High Court has ruled that a revocation petition can be filed or sustained after the expiry of the term of the patent. While dealing with a patent infringement suit, Justice Amit Bansal observed that just because the term of the patent has expired, it would not mean that the suit has become infructuous, as the cause of action still survives. “Applying the same rationale, it cannot...

Subsidiary Supplying To Parent Company In Independent Capacity Cannot Be Considered 'Intermediary Service' U/S 2(13) IGST Act: Gujarat HC

The Gujarat High Court has made it clear that where a subsidiary company provides goods or services to its parent company in its independent capacity, it cannot be said that such services fall under 'intermediary service' under Section 2(13) of the Integrated Goods and Service Tax Act, 2017. The provision defines “intermediary” as a broker, an agent or any other person who arranges...

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case

The Delhi High Court has ruled that the right to speedy trial derived from Article 21 of the Constitution of India is not a “free-pass” for every undertrial, demanding to be enlarged on bail regardless of the criminal antecedents and the nature of the offence.Justice Anup Jairam Bhambhani said that where there are grave criminal antecedents, the larger interests of society must prevail...

Conducting CLAT In English Can't Be 'Entry Barrier' For Students Instructed In Other Languages: Delhi High Court Orally Observes

The Delhi High Court on Wednesday emphasized that the language in which Common Law Admission Test (CLAT) entrance examination is conducted i.e. English cannot be an entry barrier for students who are instructed in other regional languages. A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela was hearing a public interest litigation seeking a direction...

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

The Calcutta High Court has directed the release of a prisoner who was left languishing in jail after the authorities were unable to find the proper paperwork to allow for his premature release, which had been earlier granted.Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home despite an...

[Municipal Corporation Act] Writ Petition Against District Judge's Order Upholding Imposition Of Property Tax Not Maintainable: Chhattisgarh HC

The Chhattisgarh High Court has held that it cannot exercise writ jurisdiction against an order by the District Judge, which is the Appellate Authority under the Municipal Corporation Act 1956, upholding imposition of property tax. In doing so, single judge Justice Narendra Kumar Vyas cited Section 149 of the Act which prescribes that the Appellate Authority is amenable to...

Disability Attributable To Service, Authorities Cannot Contradict Medical Proof, Delhi High Court Grants Disability Pension

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition of the Petitioner seeking disability pension held that in absence of reasons as to how the disability arose, it could be presumed that in cases where the personnel while being appointed to the post was declared fit, the disability having arisen later could be attributable...