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...

Patna High Court Upholds Forfeiture Of Senior SBI Official’s Gratuity, Says Irregularities Weren't Mere Lapses But Deliberate Acts For Personal Gain

Dismissing an appeal challenging the forfeiture of entire gratuity of a senior State Bank of India (SBI) officer, the Patna High Court said no other punishment could have been awarded to him for the proved charges against him. The bank official was accused of serious irregularities. The division bench comprising Justice Ashutosh Kumar and Justice Harish Kumar observed,"A senior officer of...

Legislator Moves Kerala High Court Against Translocation Of Rogue Elephant 'Arikomban' To Parambikulam Tiger Reserve

A review petition has been filed in the Kerala High Court by the Nenmara MLA K. Babu, against the order of the High Court dated April 5, 2023, directing the relocation of wild tusker 'Arikomban' to Muthuvarachal/Orukomban within the limits of Parambikulam Tiger Reserve. The elephant had allegedly been foraging into the Chinnakanal area in the Idukki District, and causing damage to the property...

Delhi High Court Issues Directions For Elections Of Equestrian Federation Of India, Appoints Justice Bharihoke As Returning Officer

The Delhi High Court on Tuesday issued a slew of directions for conducting elections to various posts of the office bearers to the Equestrian Federation of India and appointed former high court judge Ajit Bharihoke as the returning officer to determine the electoral college. Justice Tushar Rao Gedela observed that the elections to the federation have to be held to ensure that a...

Ambedkar Jayanti | Supreme Court Will Remain Closed on April 14

Amid calls to declare Ambedkar Jayanti as a court holiday, the Supreme Court of India has announced that the court as well as the registry would remain closed on Friday, April 14, to commemorate the birth anniversary of BR Ambedkar, who is also known as the ‘Father of the Indian Constitution’. In a circular released by the court today, it has been declared: “Hon’ble the...

‘Not A Case Of People Suffering Due To Any Area Being Inaccessible’: Patna High Court Closes PIL Seeking Construction Of Road In Kaimur

Observing that it is not a case where people are suffering due to any area being inaccessible, the Patna High Court recently closed a Public Interest Litigation (PIL) seeking directions for construction of a public road in Kaimur district."Though further development of a road or road connectivity is an important facet of convenience for general public at large, we cannot lose sight of the...