Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report".Justice Farjand Ali held that a definite opinion was...

When Investigation Is Substantially Completed By Improper Officer, SCN Issued U/S 74 Of CGST Act Is Liable To Be Set Aside: Karnataka HC

The Karnataka High Court held that when investigation is substantially completed by improper officer, show cause notice issued by proper officer u/s 74 of CGST Act is liable to be set aside. The Bench of Justice M.I. Arun observed that “…..substantial part of the investigation including search and seizure of the materials has been done by respondent no.2 who is not the proper...

Delhi High Court Quarterly Digest: October To December, 2024 [Citations 1081 - 1394]

Citations 2024 LiveLaw (Del) 1081 to 2024 LiveLaw (Del) 1394NOMINAL INDEXJamshed Ansari V. State (GNCT Of Delhi) & Commissioner Of Police, Delhi 2024 LiveLaw (Del) 1081NARENDER MEENA v. CBI 2024 LiveLaw (Del) 1082SUSHMA v. STATE NCT OF DELHI 2024 LiveLaw (Del) 1083Designarch Consultants Pvt Ltd And Anr vs. Jumeirah Beach Resort LLC 2024 LiveLaw (Del) 1084Shobha gupta vs bar council of...

Mumbai Police Shuts Forgery Case Against Actor Shweta Tiwari, Bombay High Court Permits Her To Withdraw Plea To Quash FIR

The Mumbai Police last month informed the Bombay High Court that it has shut the 'forgery' case against TV actor Shweta Tiwari, lodged by her estranged husband Abhinav Kohli in 2021.A division bench of Justices Sarang Kotwal and Dr Neela Gokhale permitted Tiwari to withdraw her writ petition before the High Court, by virtue of which the silver screen actor had sought to quash the...

S.28 Customs Act | Keeping Matter In Call Book, Taking It Up After Several Years Is Not Permissible: Delhi HC Quashes SCN

The Delhi High Court has cautioned the Customs Authorities against keeping show-cause notices pending in call-book only to take them up after several years, leaving the assessee in lurch. A division bench of Justices Prathiba M. Singh and Amit Sharma observed that in the absence of any “glaring impossibility”, such an approach of the authorities would not be permissible. In the...

Gujarat High Court Dismisses PIL Against Mobile Games Alleged To Be Games Of Chance, In View Of Similar Pending Plea In Bombay HC

Observing that an identical PIL is pending before the Bombay High Court raising the same issue, the Gujarat High Court on Friday (January 3) dismissed a plea seeking a restrain on the operation on certain mobile game platforms on the ground that the games in question constitute games of chance and not games of skill.In doing so the court granted the petitioner–Sumit Kapurbhai Prajapati,...

'Only Said What Was Stated In Manusmriti': Madras High Court Quashes Case Against MP Thol Thirumavalan For Alleged Comments On Hindu Women

The Madras High Court has quashed a case registered against Viduthalai Chiruthaigal Katchi (VCK) party head and Lok Sabha MP Thol Thirumavalan for alleged comments against Hindu women. The case was registered based on a complaint in 2020 alleging that Thirumavalan, in one of his interviews had made comments lowering the Hindu women. Justice P Velmurugan noted that Thirumavalan...

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC

The Delhi High Court has held that delay in filing certified copy of impugned order in an appeal preferred by Assessee under Section 107 of the Central Goods and Services Tax Act, 2017 would not render the appeal time-barred, if it was filed online within prescribed time. A division bench of Justices Prathiba M. Singh and Amit Sharma reasoned, “the condition to physically file...

Objection By Member Of A Community Doesn't Take Away A Person's Right To Pray As Per His Religion Under Article 25: Madhya Pradesh HC

Allowing a plea for conducting a New Year programme for the Christian Community which was opposed by the Vishva Hindu Parishad, the Indore Bench of Madhya Pradesh High Court observed that merely on the basis of certain objections raised by a member of one community, a person cannot be denied the right to assemble and pray as per his religion guaranteed under Article 25 of the...

Orissa High Court Orders Release Of Singaporean Cargo Vessel A Day After Its Arrest At Paradip Port

The Orissa High Court has ordered release of Singaporean cargo ship 'MV Propel Fortune (IMO 9500699)' a day after its arrest it at the Paradip Port for non-payment of dues against supply of necessaries. The Court agreed to release the vessel after it offered to draw a demand draft of Rs.15,56,100/- in favour of the Registrar (Judicial) of the Court.The matter was initially mentioned on...

Not Issuing Provisional Answer Key Or Inviting Objections During Recruitment Process Violates Fundamental Rights Of Candidates: Rajasthan HC

Rajasthan High Court has ruled that not following the procedure like issuance of model answer key, inviting objections, constitution of committee of experts and issuance of final answer key in the recruitment process for government posts, renders the process non-transparent and violates the fundamental rights of the aspirants under Articles 14, 16 and 21 of the Constitution.The bench of...

Depriving An Employee Of Leave Encashment Which Is Akin To Salary And Is Thus A Property Violates His Constitutional Right: Gujarat HC

Dismissing Ahmedabad Municipal Corporation's plea against a labour court order directing it to pay arrears of leave encashment to a retired employee, the Gujarat High Court underscored that depriving a person of leave encashment–which is akin to salary and is thus a property, violates his statutory rights in the Constitution of India. Justice MK Thakker in her December 24 order said, "As...