Court Commissioner Can Be Appointed At Pre-Mature Stage Under Order 26 Rule 9 CPC In Encroachment & Boundary Dispute Cases: Bombay High Court

The Bombay High Court stated that court commissioner can be appointed at pre-mature stage under Order XXVI Rule 9 CPC in encroachment and boundary dispute.The Bench of Justice N.J. Jamadar observed that “the provisions contained in Order XXVI Rule 9 of the Court indicate that the Court is empowered to appoint the court Commissioner to elucidate the matter in controversy. The term...

Penalty Orders U/S 270A Of Income Tax Act Cannot Be Issued After Approval Of Resolution Plan U/S 31 Of IBC: Gujarat HC

The Gujarat High Court bench of Justices Bhargav D. Karia and D.N.Ray has held that Penalty orders under Sections 270A, 271(1)(c), and 271AAC(1) of the Income Tax Act, 1961 (Income Tax Act) cannot be issued after the approval of the Resolution Plan under Section 31 of the Insolvency and Bankruptcy Code, 2016 (Code). Once the Resolution Plan is approved by the Adjudicating...

Prior Approval U/S 17A Of PC Act Cannot Be Bypassed By Only Projecting Offence Under IPC While Filing FIR: Karnataka HC

The Karnataka High Court has quashed a criminal case registered against former Member of Legislative Council (MLC) D S Veeraiah, who was accused of misappropriation of Rs 47.1 crore from the D Devaraj Urs Truck Terminal Limited (DDUTLL), a state government entity, during his period as its Chairman in 2021.A single judge, Justice M Nagaprasanna quashed the case registered against him...

Being Foreign National No Ground To Deny Bail In NDPS Case Specially When Passport Of Accused Is Seized: Delhi High Court

The Delhi High Court has ruled that being a foreign national is no ground to deny bail under Narcotic Drugs and Psychotropic Substances Act, 1985, especially when passport of the accused is seized. While granting bail to a woman–having a passport of Kyrgyzstan–in an NDPS case, Justice Shalinder Kaur observed:“This Court, while not discounting the concerns raised, is also cognizant of...

Gauhati HC Stays Nagaland Govt's Enumeration Exercise For Four Tribes To Determine Eligibility For Indigenous Inhabitant Certificate

The Gauhati High Court in an interim order stayed for three weeks enumeration exercise to be conducted by the Nagaland Government with regard to the people from Garo, Kuki, Kachari and Mikir (Karbi) tribes settled in the State.Justice Yarenjungla Longkumer was hearing a writ petition filed by the Kuku Inpi, Nagaland, the Nagaland Garo Tribal Council, the Kachari Tribal Council Nagaland, and...

Kerala High Court Orders Renewal Of Passport Despite Pending Interpol Red Corner Notice Against Applicant

The Kerala High Court recently ordered the re-issuance or renewal of passport against a person against whom red corner notice issued by the Interpol was pending.The petitioner had approached the High Court against the denial of the authorities in re-issuing/ renewing his passport. The petitioner in the case was convicted in Qatar in 2020. There is a red corner notice against him on account...

'Must Narrow Down Gaps For Effective Treatment': AP High Court Upholds New Gap Analysis Method To Treat Bio-Medical Waste

The Andhra Pradesh High Court has dismissed a writ petition challenging the adoption of new methodology for conducting gap analysis related to Common Bio Medical Waste Treatment and Disposal Facilities (CBWTFs) on the ground that such cases fall within the domain of expert bodies where the Courts should exercise judicial restraint.Highlighting the importance exploring new methods for...

Bombay High Court Upholds ₹62 Lakh Compensation For Shah Rukh Khan's Employee Who Died After Being Injured In Road Accident

The Bombay High Court on May 09 upheld the Rs 62 lakh compensation awarded by a Motor Accidents Claim Tribunal (MACT) to the family of an employee of Red Chillies Entertainment, owned by actor Shahrukh Khan, who was severely injured in a road accident on March 25, 2012 and died later. A division bench of Justices Girish Kulkarni and Advait Sethna upheld the award granted to the family of...

Delhi High Court Directs Indian Nursing Council To Decide Plea For Proper Functioning Of Nurses Registration And Tracking System

The Delhi High Court has directed the Indian Nursing Council to decide a representation seeking proper functioning of the Nurses Registration and Tracking System (NRTS). A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela disposed of a PIL filed by Indian Professional Nurses Association on the issue. The plea sought a prayer than an appropriate direction be...

Institute Founded On Mahatma Gandhi's Teachings Must Treat Employees Fairly: Bombay HC Confirms Appointment Of Teacher On Probation For 7 Yrs

If an educational institution is founded on the teachings of Mahatma Gandhi, it must be treat all its employees 'fairly' without any 'exploitation', observed the Bombay High Court recently while confirming the appointment of a teacher, who was compelled to work on probation for nearly seven years. A division bench of Justices Ravindra Ghuge and Ashwin Bhobe noted that the petitioner Reshu...

Rajasthan HC Orders Evaluation Of Class 10 General Student's Answer Sheet Wrongly Given Question Paper Meant For Special Needs Children

While hearing a petition by a Class 10th Student who was given a wrong question social science question paper by the invigilator, the Rajasthan High Court directed the evaluation of the student's answer sheet treating her as a general/ordinary student observing that she should not suffer due to the invigilator's mistake.Justice Anoop Kumar Dhand was hearing a plea by a general category...

Bombay High Court Orders Taking Down Of Six Videos Allegedly Defaming Maharashtra Minister Girish Mahajan

The Bombay High Court recently ordered taking down of six videos videos allegedly defaming BJP leader and Maharashtra Cabinet Minister Girish Mahajan, which were uploaded by two YouTubers, both of whom are journalists.Single-judge Justice Arif Doctor also restrained journalists Anil Thatte and Shyam Giri, who own YouTube channels - Anil Gaganbhedi Thatte and Mudda Bharat Ka, respectively....