Selection Committee Bound To Reconsider Employee For Promotion Based On Upgraded Performance Grade: Bombay High Court

The Bombay High Court recently held that when the grade of an employee is upgraded in his performance report, the selection committee has to reconsider him for promotion taking into account his upgraded grade.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne was dealing with an employee’s writ petition seeking promotion once his performance grade...

NJAC Dissent Never Suggested Handing Over Selection Of Judges To The Executive, I Know The Dangers Of It : Justice Chelameswar

Justice J Chelameswar, former Supreme Court Judge, said that in his dissenting judgment in the NJAC (National Judicial Appointments Commission) case, he never suggested the handing over of the selection of judges to the executive.“I know the dangers of it more than anyone else”, the former Apex Court Judge said in this regard. He was speaking on the topic "Is Collegium Alien To...

Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court

While setting aside a preventive detention order, the Supreme Court observed that such laws in India are a colonial legacy and have great potential for abuse and misuse. The Court emphasized that laws conferring arbitrary powers to the state must be critically examined and used only in the rarest of rare cases.A Bench of Justice Krishna Murari and Justice V. Ramasubramanian said that,...

'Calculated Attempt To Exonerate Influential Accused': Kerala High Court Cancels Further Investigation In Misappropriation Case Against Vellappally Natesan

The Kerala High Court on Tuesday paved for trial to proceed against SNDP Yogam General Secretary Vellappally Natesan, in a case alleging misappropriation of funds.The Single Judge Bench of Justice Ziyad Rahman A.A. set aside the permission granted by a Magistrate Court in Kollam to conduct further investigation. It noted that the request for further investigation was made by a former member...

No Unrestricted Freedom To Sell Meat/Run Slaughter Houses On Religious Occasions Sans Complying With Food Safety Laws: Gujarat HC

The Gujarat High Court today held that there is no unrestricted freedom available to meat vendors, sellers, and slaughterhouse owners to do business in meat or to run slaughterhouses on the ground of religious occasions when they are otherwise non-compliant with the food safety laws. The bench of Justice NV Anjaria also noted that the activity of running unlicensed slaughterhouses and...

Right To Safe Food A Fundamental Right U/Article 21; Right To Sell Meat Subservient To Public Health: Gujarat High Court

Holding that right to safe food is a Fundamental Right under Article 21 of the Constitution of India, the Gujarat High Court today observed that the right to free trade in food items like meat, or any such food has to be subserving to the public health and food safety requirements. The bench of Justice N. V Anjaria opined thus while disposing of a bunch of PIL Pleas filed by meat vendors...

Karnataka High Court Vacates Temporary Injunction Restraining IPS Officer Roopa Moudgil From Circulating Defamatory Content Against IAS Rohini Sindhuri

The Karnataka High Court on Tuesday vacated the temporary injunction order passed by a Civil court in Bengaluru, restraining IPS officer D Roopa Moudgil from publishing any defamatory content against IAS officer Rohini Sindhuri.A single judge bench of Justice Sreenivas Harish Kumar allowed the petition filed by Moudgil questioning the order dated March 7, by which the trial court had extended...

High Court Cannot Quash Criminal Proceedings At Section 482 CrPC Stage By Saying Charges Aren't Proved : Supreme Court

The Supreme Court has reiterated that a High Court cannot conduct a "mini trial" while exercising powers under Section 482 of the Code of Criminal Procedure. "At the stage of discharge and/or while exercising the powers under Section 482 Cr.P.C., the Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against...

"Society Owes Huge Apology For Failing Its Precious & Tender": Meghalaya High Court Upholds 25-Yrs Sentence Of Ex-Legislator For Raping Minor

Observing that the society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender, the Meghalaya High Court dismissed an appeal preferred by former legislator, Julius K. Dorphang who was convicted and sentenced to 25-years rigorous imprisonment for raping a minor girl. A bench comprising Chief Justice Sanjib Banerjee and...

Income Tax Act | For A Company To Be A "Resident" In India, Domicile Or Registration Irrelevant; Test Is Where De Facto Control Lies : Supreme Court

The Supreme Court has ruled that under the Income Tax Act, 1961, the domicile or the registration of the company is not at all relevant, and the determinate test is the place where, the sole right to manage the company and the control of the company lies. The place where the “head and seat” and the “directing power” of the affairs of the company and the control and management is...

Allahabad High Court Reserves Orders In Abdullah Azam’s Plea To Stay Conviction Which Led To His Disqualification As MLA

The Allahabad High Court today reserved its orders on the plea moved by Mohammed Abdullah Azam Khan seeking a stay on conviction in a 15-year-old case that led to his disqualification as an MLA.Khan was disqualified from Uttar Pradesh Legislative Assembly in February this year, days after he was convicted and sentenced by a Moradabad court to two years in prison in a 15-year-old case....

Rahul Gandhi’s Lok Sabha Disqualification: Legal Position On Suspension Of Conviction | Explainer

Congress leader Rahul Gandhi was recently disqualified from his position as a Member of Parliament after his conviction in a defamation case. He was disqualified in accordance with Article 102(1)(e) of the Indian Constitution read with Section 8 of the Representation of People Act, 1951.He has filed an appeal in Surat Sessions Court to challenge his conviction in the defamation case. While...