Valentine’s Day : Right to Love & Indian Supreme Court

Valentine’s Day is upon us again. It is a holiday of mysterious provenance but has come to widely represent a festival of love and devotion (not to mention, consumerism) that is celebrated and dreaded in equal measure. Whether you have a significant other, are (un)happily unattached, think Valentine’s Day is nothing more than a grotesque capitalistic spectacle, or rail against the ‘dazzle of western civilisation’, there is no escaping the fourteenth of February, and all the associated...

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court

The Jammu and Kashmir and Ladakh High Court recently held that a 'pseudo police report' under section 173 CrPC, even if filed within time frame of section 167 CrPC, cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case.A bench of Justice Rahul Bharti observed, "This right, upon getting accrued, is given straight away on asking of the entitled...

Lakhimpur Kheri Violence Case: Allahabad High Court Grants Short-Term Bail To Accused Ankit Das Till March 20

The Allahabad High Court has granted short-term bail to Lakhimpur Kheri Violence Accused Ankit Das till March 20 on the ground of parity with the co-accused Ashish Mishra (who was granted 8 weeks interim bail by the Supreme Court last month). The bench of Justice Rajesh Singh Chauhan ordered for his release on interim bail till March 20 on his filing a personal bond and two sureties each in...

JJ Act| 'Child In Conflict With Law Can't Seek Anticipatory Bail U/S 438 CrPC': Allahabad HC Disagrees With Bombay HC's 2022 Ruling

The Allahabad High Court has observed that a child in conflict with the law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) can not file an application under Section 438 of CrPC seeking anticipatory bail."In case, the provisions of Section 438 Cr.P.C. are allowed to hold the field in the matters of juvenile, the aim and object of the Act shall be defeated....

Penalty For Non Appearance - Not Valid If No Attempt To Evade Tax Is Made Out: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that non-appearance before the Information Collection Centre (ICC) cannot be made a ground to initiate penalty proceedings if no attempt to evade tax is made.The division bench of Justice Ritu Bahari and Justice Manisha Batra has observed that the driver had produced the documents at I.C.C. and subsequently, at the time of checking, he showed all...

Panchayat Elections | Delimitation Of Wards Complete, 5 Taluks & 1 District Increased: Karnataka Govt Tells High Court

The Karnataka government on Tuesday informed the High Court that the Karnataka Panchayat Raj Delimitation Commission has completed the exercise of delimitation of wards in the taluka and zilla panchayats.Advocate General Prabhuling K Navadgi submitted that the Commission has sent the final notification of delimitation to the state government on January 30. "The said final notification...

Clarification Sought By Arbitrator On Other Matters, Won’t Make Them Subject Of Arbitral Proceedings: Delhi High Court

The Delhi High Court has ruled that information and clarification sought by the Arbitral Tribunal on matters and dispute arising under other contracts, which do not form a part of the arbitral reference, will not alone make them the subject of arbitral proceedings. The bench of Justice Anup Jairam Bhambhani remarked that the letter issued by the Arbitrator, seeking information...

Gujarat HC Quashes Public University's Decision To Debar Student Over Objectionable Artwork Of Hindu Deities Without Inquiry

The Gujarat High Court quashed an order of Maharaja Sayajirao University, which permanently debarred a student of post-graduation student at its Department of Sculpture Faculty of Fine Arts for display of objectionable art work of Hindu Goddesses.The single judge bench of Justice Bhargav D. Karia found that the impugned order was passed in breach of principles of natural justice. It remanded...

Supreme Court Upholds Rule Requiring Builders To Reserve Open Spaces In Developed Plots

The Supreme Court has upheld a rule which mandated that builders should reserve open spaces in the plots developed by them. The rule in question was Rule 19 of the Development Control Rules for the Chennai Metropolitan Area. The Rule mandated that 10% of the area of any developmental plan having area 10,000 sq. meter or more should be reserved as open space for communal and recreational use...

Spurious Drug Case: Karnataka High Court Says Firm Partner’s Defence Of Non-Involvement In Manufacture Of Drugs Can Be Considered Only In Trial

The Karnataka High Court has refused to quash proceedings initiated under provisions of the Drugs and Cosmetics Act against a firm and its partners for allegedly supplying drugs of sub-standard quality.Justice K Natarajan refused relief to M/s Hindustan Medical Products and its partner Pawan Kumar Loharuka, who had contended that he is only partner and he is not responsible and liable...

CBDT Notifies Centralised Processing Of Equalisation Levy Statement Scheme, 2023

The Central Board of Direct Taxes (CBDT) has notified the Centralized Processing of Equalization Levy Statement Scheme, 2023.The scheme shall be applicable with respect to the processing of the Equalization Levy Statements.Every assessee or e-commerce operator shall furnish the Equalization Levy Statement under sub-section (1) of Section 167 within the time stipulated under Rule 5(2) of...

'Why POCSO Act Added Here?What Is The Need Of Custodial Interrogation?: Gauhati HC Grants Anticipatory Bail In Many 'Child Marriage Act' Cases

Granting anticipatory bail to certain accused in different matters booked under the Prohibition of Child Marriage Act, 2006 r/w the POCSO Act, the Gauhati High Court today observed that these are not matters which require custodial interrogation."If marriage is taking place in violation of Law, the law will take its own course. These cases have been happening since time. We will only consider...