Aircraft Imported For Private Purposes, No Customs Duty Exemption Allowed: Delhi High Court

The Delhi High Court has held that the aircraft was imported for private purposes and not for providing non-scheduled passenger or charter services. Therefore, the condition for customs duty exemption was not available to the assessee. The division bench of Justice Vibhu Bhakhru and Justice Amit Mahajan has observed that the appellant has not used the aircraft for providing air...

Burden Of Proof On Accused To Prove Plea Of Insanity Is One Of Preponderance Of Probability : Supreme Court

Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for the offence of murder. The Court noted that the appellant was undergoing treatment for schizophrenia at the time of the offence which took place in 2004. There was evidence on record that prior to the occurrence, he had underwent in-patient treatment at a...

[Pharmacy Act 1948] State Govt Has No Absolute Power To Revoke Nomination Of A Nominated State Member To PCI: Tripura High Court

The Tripura High Court has held that the state government does not have absolute authority to cancel the nomination of a nominated State member to Pharmacy Council of India under the Pharmacy Act, 1948. The petitioner was nominated as the State Member of Pharmacy Council of India (PCI) under Section 3(h) of the Pharmacy Act, 1948 (the Act) on 29.11.2018 by the State Health...

'Feign Compliance' Of Guidelines Drowns Two Youth In Gushing Water, Sikkim High Court Directs Gati Hydro Power To Pay ₹70L To Widowed Mothers

The Sikkim High Court has awarded a compensation of Rs. 35 lakhs each to two widowed mothers whose young sons died by drowning in swollen river downstream caused due to sudden release of water by the Gati Hydro power project company, in non-compliance of government guidelines and directions previously issued by the Court in light of a similar mishap.Justice Meenakshi Madan Rai observed that...

Ensure 'Efficacious' Medical Treatment Of Former PFI Chairman On Regular Basis: Delhi High Court Directs Tihar Jail Medical Superintendent

The Delhi High Court on Thursday directed the Medical Superintendent of Tihar Jail to ensure that efficacious medical treatment is provided to former Popular Front of India (PFI) Chairman E Abubacker on a regular basis.A division bench of Justice Siddharth Mridul and Justice Talwant Singh was hearing Abubacker’s appeal challenging the order of the special judge rejecting his application...

'Their Best Interest Can Be Ensured Only If They Return To Native Country': Madras High Court Directs Mother To Return Twins To Father In US

While holding that the courts should always look into the best interest of the child in matters relating to custody, the Madras High Court has directed a mother to return her twin boys to their father in the US. The division bench of Justice PN Prakash (since retired) and Justice Anand Venkatesh said the children are now living in an environment which is alien to them since for nearly...

All Courts Should Have Hybrid System For Hearing Cases, Opines Supreme Court

The Supreme Court on Wednesday verbally expressed that all courts in the country need to have in place, a hybrid system for hearing cases. Before a bench of Justices SK Kaul and Abhay Shreeniwas Oka, Senior Advocate P Wilson said that regional benches of the Supreme Court are necessary for the benefit of litigants. “With the technology that has developed now, this has...

Delhi High Court Seeks NIA’s Response On Separatist Leader Nayeem Khan’s Bail Plea In Terror Funding Case

The Delhi High Court on Thursday sought response of National Investigation Agency (NIA) in the bail plea moved by separatist leader Nayeem Ahmad Khan in a UAPA case of alleged terror funding.A division bench of Justice Siddharth Mridul and Justice Talwant Singh issued notice on Khan’s appeal against the trial court order denying him bail in December 2022.The matter will now be heard on...

Administrative Tribunal Can Decide Disputes Regarding Classification Of Candidate's Category During Recruitment Process: Karnataka High Court

The Karnataka High Court has clarified that the Administrative Tribunal constituted under the Administrative Tribunals Act 1985, has the jurisdiction to consider all matters 'concerning recruitment' which includes all decisions from the date of publication of notification inviting applications for the government job posts to the orders of appointment. A single judge bench...

‘Reasonable Grounds’ For Grant Of Bail U/S 37 NDPS Act Implies Something More Than Prima Facie Grounds: Kerala High Court Reiterates

The Kerala High Court recently refused to grant bail to a man booked under Sections 22(c), 27 A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of commercial quantity of MDMA. The bail application was filed by the 9th accused in a crime registered on the files of Excise Range Office, Ernakulam for possession of 1.085 Kgs of MDMA that was discovered...

Article 226| Writ Petition Should Not Be Dismissed On Ground Of Alternative Remedies When Only Questions Of Law Are Raised : Supreme Court

The Supreme Court observed that it is not proper to dismiss a writ petition on the ground of alternative remedy without examining whether an exceptional case has been made out for such entertainment."Where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the...

KSHEC Constitutes Committee For Framing Separate Legislation To Regulate Educational Consultancy Services In Kerala

The Executive Body of the Kerala State Higher Education Council (KSHEC) has decided to constitute a Committee for conducting a detailed study for the framing of a separate legislation for regulating or controlling the activities of educational consultancy services in Kerala. By an order dated January 31, 2023, the Vice-Chairman of KSHEC has accorded sanction for the constitution of...