Addl Commissioner Of Police Not Subordinate To Addl DM, Can't Possess Or Delegate Power To Possess Assets U/S 14(1-A) Of SARFAESI Act: Allahabad HC

The Allahabad High Court has held that Additional Commissioner of Police is not subordinate to Additional District Magistrate and cannot be delegated the authority to possess or further delegate power to possess assets under Section 14(1-A) of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002.Perusing Sections 14(1) and 14(1-A),...

Statutory Obligation To Pay Transit Rent To Displaced Slum Dwellers Even If Developer Undergoes Insolvency Proceedings: Bombay High Court

In a significant ruling, particularly for slum dwellers and also developers, the Bombay High Court recently held that it is the 'statutory obligation' of the developer to pay the transit rent to slum dwellers, who await rehabilitation of their homes.Single-judge Justice Amit Borkar upheld the termination of a developer, who was initially engaged for a rehabilitation scheme of a slum in...

Relief Can't Be Denied Because Authorities Filled Post Despite Pendency Of Plea: P&H HC Directs Appointment Of Constable Wrongly Disqualified In Medical

The Punjab and Haryana High Court has said that relief cannot be denied to a candidate who was unjustly disqualified for Constable post on medical grounds merely because the State authorities filled the position during the pendency of the plea.Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "relief cannot be denied to the appellant merely because the respondents have chosen...

Jurisdictional Assessing Officer Lacks Jurisdiction To Issue Reassessment Notices U/S 148 Of Income Tax Act: Rajasthan High Court

The Rajasthan High Court stated that the Jurisdictional Assessing Officer (JAO) lacks jurisdiction to issue income tax reassessment notices under section 148 of the Income Tax Act, 1961. The Bench of Justice Pushpendra Singh Bhati and Munnuri Laxman observed that “the JAO shall not have the jurisdiction to issue notices under Section 148 of the Act of 1961, as it would not only...

State Cannot Retain Deposits When At Fault: Jharkhand High Court Permits Bidders To Seek Refunds Over Delayed Environmental Clearance

The Jharkhand High Court has held that where cancellation of a government auction is caused by the State's own delay in issuing mandatory environmental clearance, the bidder is entitled to seek refund of the earnest money and security deposit. The ruling affirms that no financial burden can be imposed on a party when the fault lies with administrative authorities and not the bidder.The...

Assessing Police's Performance Based On Targets Achieved In Anti-Drug Drive Will Create Barbaric Situation, Innocents Can Be Made Scapegoats: P&H HC

The Punjab & Haryana High Court has raised concern on the possible misuse of Punjab Police power in anti-drugs drive started off late in Punjab, wherein all SSPs and SHOs will be given quantified targets and based on that, their performance will be assessed.Justice Sandeep Moudgil observed, "As far as the present scenario of Punjab is concerned, the Anti-drug drive is a welcoming step...

Madras High Court Asks Police Not To Harass Rippling Co-Founder Prasanna S In Enquiry Over Alleged Matrimonial Dispute With Wife

The Madras High Court has asked the Tamil Nadu state police not to harass Rippling co-founder in connection with an enquiry into his alleged matrimonial dispute with his estranged wife. Justice GK Ilanthiraiyan asked the police not to harass the petitioner in a complaint filed by his wife.Prasanna has alleged that the police authorities had been conducting a roving enquiry into...

Karnataka High Court Reserves Verdict On ED's Plea To Stay Order Quashing Case Against Former MUDA Commissioner

The Karnataka High Court on Thursday (March 27) reserved its order on Enforcement Directorate's application seeking to stay a single judge's order which quashed the summons issued to Dr Natesha DB, former MUDA Commissioner during whose tenure alleged illegal allotment of land was made to CM Siddaramaiah's wife Paravathi.A division bench of Chief Justice N V Anjaria and Justice K V...

J&K High Court Declares Work Done By Contractor As Illegal, Says He Acted In Connivance With Executive Engineer To Manipulate Tender Process

The Jammu and Kashmir High Court has highlighted the high-handedness of the Executive Engineer in colluding with the appellant to procure the contract illegally. The court said that the work, if any, executed by the appellant was without any authority, and he was not entitled to any money in exchange for the work done.The court stated that once Respondent No.1 was declared the lowest bidder,...

Farmer Leader Jagjit Dallewal Not In Illegal Custody But In Hospital, State To Ensure Family-Friends Are Allowed To Meet: Punjab & Haryana HC

The Punjab and Haryana High Court on Thursday (March 27) noted that farmers' leader Jagjit Singh Dallewal was not in illegal detention but was taken to hospital by Punjab Police as per Supreme Court's direction and thus disposed of a habeas corpus plea.Justice Manisha Batra said, "The alleged detenue is said to be free to go home after seeking discharge from the hospital. In such...

"Prohibition In Name Of Regulation": Online Gaming Companies Argue Against TN Govt Night Ban, Says Govt Can't Mandate Aadhaar Verification

A group of online gaming companies, on Thursday, argued before the Madras High Court that the State government was trying to impose a prohibition on online games of rummy under the guise of regulation. Making submissions before a bench of Justice SM Subramaniam and Justice K Rajasekar, Senior Advocate Mukul Rohatgi argued that since the government's earlier attempts to ban online...

Application U/S 94 Of IBC Cannot Be Entertained Against Sole Proprietorship Firms: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Prem Narayan Singh has held that since sole proprietorship firms are not included in the definition of the corporate person under section 3(7) of the Insolvency and Bankruptcy Code, 2016 (Code), an application under section 94 of the Code cannot be entertained. Brief Facts: The petitioner is an owner of the...