Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXIII

In the case of “petty offences” is there any “special summons” and what are the options available to the accused ?Ans. Yes. In the case of “petty offences” as defined under Section 206 (2) Cr.P.C. and which can be summarily disposed of under Sections 260 or 261 Cr.P.C., the Magistrate can issue a “special summons” indicating the amount of fine not exceeding Rs. 1,000/- in...

Expiry Of E-way Bill Does Not Create Any Scope For Tax Evasion: Madras High Court Imposes Minor Penalty

The Madras High Court has imposed a minor penalty and held that the expiry of the E-way bill does not create any scope for evasion.The single bench of Justice M. Sunder has observed that assuming there was no breakdown and assuming the portal was active, the maximum penalty would be Rs. 5,000.A truck that was carrying a consignment described as "Angles" from Gummidipoondi to Ranipet...

Gokulraj Murder Case: Madras High Court Judges Set To Visit Temple Premises Where Accused Was Last Seen

Two judges of the Madras High Court, Justice MS Ramesh and Justice Anand Venkatesh are set to visit the Tiruchengode Arthanareeswarar temple from where Gokulraj was kidnapped and later murdered.Gokulraj, a Dalit youth who was 21 years old at the time of his death, was abducted from the temple on June 23, 2015. The next day, his body was found with his head severed. It was later found...

By Asking Centre To Give Seniority To Reiterated Name Over New Proposals, SC Collegium Sets A New Precedent

The recent resolutions published by the Supreme Court Collegium have been making headlines as these are unprecedented instances of the Collegium publicising both the objections raised by the Central Government and its responses to them. The Collegium showed laudable temerity in calling out certain frivolous and unacceptable grounds of objection- such as sexual orientation of a candidate,...

Delivery Of Arbitration Award To Employee/ Agent Of Party, Not A Valid Delivery Under Arbitration Act: Delhi High Court

The Delhi High Court has ruled that delivery of arbitral award, to be effective under the Arbitration and Conciliation Act, 1996 (A&C Act), must be made to a person who has direct knowledge of the arbitral proceedings. The bench of Justice Chandra Dhari Singh remarked that the word ‘party’ in Section 34(3) of the A&C Act means party to the arbitral proceedings and does...

Excise Duty Not Payable On Test Production: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that excise duty is not payable on test production.The bench of Anil Choudhary (Judicial Member) has observed that the appellant/assessee has done only test production prior to November 11, 2010, and they have been doing mainly trading of finished goods as the factory was not fully set up at the...

Kerala Govt Raises Retirement Age Of Kerala High Court Staff

The Government of Kerala has amended the Kerala High Court Services (Determination of Retirement Age) Act, 2008 to increase the retirement age of the High Court staff.The amendment has raised the age of retirement for the High Court staff, who were appointed before April 2013, from 55 to 56 years and the retirement age of those who were appointed after April 1, 2013, and are members of...

High Court Digest On Compensation- 2022

Here is 40 times High Courts granted relief to persons/ families caught in peculiar circumstances and ordered compensation in the year 2022:1. 'Divyang' Man Forced To Ride Bicycle In Govt Job Interview | "State Failed Its Special Citizen": Allahabad HC Orders ₹5 Lakh CompensationCase title - Pradeep Kumar Gupta v. State Of U.P. Through Secretary ( Higher Education) And 4 Others [WRIT - A No....

Shelter For Urban Homeless : Supreme Court Directs North Indian States To File Status Report On Winter Plan

“It is estimated that more than one per cent of the country’s population is homeless. With the onset of winter, I myself saw so many people out on the streets, sleeping in the biting cold,” Advocate Prashant Bhushan told the Supreme Court on Friday while urging it to, inter alia, direct North Indian states to furnish status reports on the temporary measures adopted by them to...

Kerala Govt Introduces Legal Internship Programme For ST Community Law Graduates

The Kerala Government has introduced 'Unnathi', a Legal Internship Programme for 25 LLB graduates from the Scheduled Tribe community at an estimated cost of ₹1,62,00,000. The training will be with designated Senior Advocates in the High Court of Kerala.The program is intended to support young law graduates from the community to enable them get a head-start in their careers and gain...

Don't Rely On Postal Pincodes: Madras HC Directs Registry To Determine Territorial Jurisdiction Using Jurisdictional Limits Act

While hearing a plea praying for a leave to sue, the Madras High Court noted that the Registry was using Postal pin codes to determine the territorial jurisdiction of the court. Justice M Sundar thus directed the registry to only use the Jurisdictional Limits Act and the Jurisdictional Limits Extension Act to determine the jurisdiction of the court. This Commercial Division is...

State Government Can Be ‘Person Interested’ In Getting Compensation Under Coal Bearing Areas (Acquisition And Development) Act : Supreme Court

The Supreme Court held that a State Government can be said to be the ‘person interested’ in getting the compensation under Coal Bearing Areas (Acquisition and Development) Act, 1957.In this case, some lands owned by the State Government of Odisha were acquired by the Government of India under Section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957. The State...