Karnataka HC Asks RBI To Bring Guidelines For Automatic Credit Of DD Amount To Drawer If Instrument Not Presented To Bank Within Validity Period

The Karnataka High Court has directed the Reserve Bank of India (RBI) to issue necessary guidelines to be followed by Banks in cases where a demand draft is not presented for clearance during its validity period and whether in such cases the amount covered can be automatically credited to the account of the customer on expiry. A single judge bench of Justice Suraj Govindaraj said, “Reserve...

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. A bench of Justice Krishan Pahal emphasized that one of the crucial factors in granting anticipatory bail is the criminal antecedents of the...

Waqf Board Case: ED Moves Delhi High Court Against Order Releasing AAP MLA Amanatullah Khan

The Enforcement Directorate (ED) on Monday moved the Delhi High Court against a trial court order which released Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Manoj Kumar Ohri asked the probe agency to place on record the orders passed by the trial court in...

Kerala High Court Grants Bail To Former CPI (M) Municipal Councillor, Another In Alleged Karuvannur Bank 'Scam' Case

The Kerala High Court on Monday (December 2) granted bail to the former CPI(M) Municipal Councillor of Vadakkanchery Municipality Aravindakshan P. R. accused in the Karuvannur Bank Scam case investigated by the Enforcement Directorate. Justice C. S. Dias also granted bail to the former Senior Accountant of the Bank, Jilise C. K. Both of them were alleged to have committed offences...

Can't Assume Medical Negligence If Surgery Doesn't Give Result: Punjab & Haryana HC Denies Relief To Woman Who Got Pregnant Post Sterilization

The Punjab and Haryana High Court has set aside an order of the first appellate court granting Rs 30,000 compensation (along with interest) to a woman who became pregnant after a sterilisation operation.In doing so the high court noted that prior to surgery the woman was apprised of the fact that sometimes operation may fail for which no medical authority will be held responsible and that she...

Petitioners In-Person Are Causing A Ruckus Ever Since YouTube Live-Streaming Has Started: Calcutta High Court Remarks

The Calcutta High Court has orally remarked that the advent of live streaming of court proceedings on YouTube has led to a situation where petitioners-in person are causing a "ruckus."Justice Tirthankar Ghosh made these comments while hearing a case being presented by a petitioner in-person.When Justice Ghosh questioned the petitioner, stating that an advocate had earlier been engaged by him...

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court

The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration. Brief Facts: The...

Complaint Didn't Mention Accused Was Aware Of Caste, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste.Justice NS Shekhawat noted, "While narrating this incident, it has no where been mentioned...

Allahabad High Court Directs State GST Dept To Not Initiate Action For Assessment Years In Which Central GST Had Already Acted

The Allahabad High Court has directed the State Goods and Service Tax Authorities to not take action for any assessment year in which the Central Goods and Service Tax Authorities have already taken action. Petitioner approached the High Court under Article 226 of the Constitution of India against the actions taken by the State and Central GST Authorities for the same assessment...

Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High Court

The Kerala High Court has held that an offence of outraging the modesty of a woman under Section 354 of the IPC is attracted when the offender's action is such that it would be perceived as capable of shocking a woman's sense of decency.In this case, the President of the Parent Teachers Association (PTA) of an upper primary school was accused of using obscene language and outraging the modesty...

Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court

While entertaining an Income Tax Appeal, the Allahabad High Court has held that an appeal under Section 260A of the Income Tax Act, 1961 cannot be sustained without establishing a perversity with the fact finding of the Tribunal. “In the instant appeal the department has only challenged the fact finding off the Tribunal. A catena of Supreme Court judgments have concluded that...

Swarnrekha River Revival Project: Madhya Pradesh HC Says Synergy Between State And Gwalior Municipal Corporation 'Need Of The Hour'

In the case concerning revival of the Swarnrekha River, the Gwalior bench of Madhya Pradesh High Court has directed the city Municipal Corporation to requisition the Detailed Project Report–on laying down of sewer lines–sent for vetting to Maulana Azad National Institute of Technology, within a month so that the court can scrutinize it.The court further emphasized that the concept of...