‘Judge Expected To Apply Mind, Pass Speaking Order’: Bombay HC Directs Subordinate Courts To Desist From Using Rubber Stamps For Deciding Bail Pleas

Observing bail has to be granted or rejected by a speaking order, the Nagpur bench of Bombay High Court has directed the subordinate Courts to desist from using rubber stamps to decide bail applications.A bail order produced before a bench of Justice Vinay Joshi and Justice Valmiki Menezes reflected it had been "rendered on a rubber stamp with blank spaces" in which the Magistrate had filled...

Appellate Court Can Appoint Another Court Commissioner If One Appointed By Trial Court Did Not Follow Proper Procedure: Bombay High Court

Observing that a plaintiff cannot be made to suffer if a Court Commissioner did not follow the procedure while making a report, the Bombay High Court has held that the Appellate Court can appoint another Court Commissioner if the one appointed by the Trial Court failed to present a correct picture of the suit land and same will not attract res judicata“If the Appellate Court agrees with...

Agreement To Explore Conciliation Before Arbitration, Only Directory In Nature: Delhi High Court

The Delhi High Court has ruled that the agreement between the parties to explore conciliation before resorting to arbitration, is not mandatory in nature. The Court took note that as per Section 77 of the Arbitration and Conciliation Act, 1996 (A&C Act), in cases of urgency, arbitral proceedings can be initiated even when conciliation proceedings are pending for preserving...

Supreme Court Expresses Anguish At Trial Courts Acting In Violation Of Its Judgments On Bail & Remand

The Supreme Court reprimanded a Trial Court for issuing non bailable warrants to accused on the filing of the chargesheet, despite the fact that they had been cooperating and appearing through counsels. The Court noted that the action of the trial court was in violation of the mandate in the case Siddharth vs. State of Uttar Pradesh LL 2021 SC 391.In Siddharth, the Court had observed that...

Patna High Court Denies Anticipatory Bail To DSP Accused Of Raping Minor Maid In Govt Quarter

The Patna High Court recently denied anticipatory bail to a suspended Deputy Superintendent of Police (DSP) who is accused of committing forceful sexual intercourse in 2017 with a minor girl, who was engaged as a maid for his wife. While denying relief to the petitioner Kamla Kant Prasad, Justice Rajiv Roy observed: “The petitioner being a Police Officer was duty bound to...

Police Investigation: Questions & Answers By Justice V. Ramkumar (FULL SET]

INVESTIGATION LEADING TO "POLICE REPORT" OR "COMPLAINT" AND CRIMINAL TRIAL CULMINATING IN THE JUDGMENT:Part 25: Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXVPart 24: Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXIVPart 23: Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXIIIPart 22:...

CBDT Sets Up Offices in Delhi And Mumbai For Operationalising Board For Advance Rulings

The Central Board of Direct Taxes (CBDT) has notified the setting up of offices in Delhi and Mumbai for operationalizing the Board for Advance Rulings.The Board For Advance Ruling (BAR) will have any additional income-tax authorities, ministerial staff, executives, or consultants it deems necessary to assist its members.The Principal Chief Commissioner of Income-tax concerned, who is...

No Need To Change Collegium System: Former CJI UU Lalit

Former Chief Justice of India Justice UU Lalit on being asked if the collegium system required to be changed, answered in a firm negative. Justice Lalit was speaking on 'Why Study Law: Social Duty and Legal Responsibility' at the inaugural session of the 12th edition of ThinkEdu Conclave on February 9 2023. When a person asked him if the collegium system should be changed he said–"The...

Wife Has No Right To Obstruct Sale Of Estranged Husband’s Home When He Is Willing To Provide Her Similar Rented Accommodation: Bombay High Court

A woman doesn’t have the right to obstruct the sale of her estranged husband’s home if he is willing to provide her a rented accommodation with similar facilities, the Bombay High Court has held.The court made the observation while refusing to interfere with an order of the Family Court permitting the husband to sell the flat for clearing an outstanding loan. The Family Court had...

CESTAT Allows Service Tax Refund To Developer Of Residential Flats On Cancellation Of Booking

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the service tax refund to the developer of residential flats on cancellation of the booking.The bench of Anil Choudhary (Judicial Member) has observed that the appellant was entitled to a refund in view of the Cenvat credit no longer being available, and in spite of being entitled to the same under...

‘Delhi Ridge City’s Lungs, Supplies Oxygen' : Supreme Court Prohibits DDA From Allotting Lands In Protected Areas

Delhi Ridge act as the lungs that supplies oxygen to the citizens of Delhi, said the Supreme Court on February 8 while enjoining the Delhi Development Authority from allotting any land in areas which are under consideration for being notified as protected areas. A division bench comprising Justices B.R. Gavai and Vikram Nath pronounced: “This court had observed that not only...

No Excise Duty Payable On Manual Segregation Of Scrap: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that excise duty is not levied on manual segregation of scrap.The two-member bench of Binu Tamta (Judicial Member) and P. V. Subba Rao (Technical Member) has observed that the respondent was neither manufacturing nor producing the plastic scrap. The plastic scrap already exists, and the respondent is...