[GYANVAPI] Allahabad High Court Grants Further 8 Weeks' Time To ASI To Reply On Safe Evaluation Of 'Shiva Linga' Age

The Allahabad High Court has granted a further 8 weeks' time to the Archaeological Survey Of India (ASI) to give an opinion as to whether a safe evaluation of the age of the 'Shiva Linga', purportedly found inside the Gyanvapi Mosque complex, can be done.The bench of Justice J. J. Munir passed this order in a revision plea moved before it challenging the Varanasi Court's October 14 order...

Disqualified Lakshadweep MP's Challenge To ECI Announcing Bye-Elections : Supreme Court To Hear On Jan 27

The Supreme Court on Friday agreed to list on next Friday (January 27) the writ petition filed by former Member of Parliament from Lakshadweep, Mohammed Faizal, challenging the press release issued by the Election Commission of India announcing bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.Senior Advocate Kapil...

GST Registration Cancelled Without Granting Opportunity Of Personal Hearing: Patna High Court Quashes Order

The Patna High Court has held that the GST registration was canceled without granting him the opportunity of a personal hearing.The division bench of Chief Justice Sanjay Karol and Justice Partha Sarthy has quashed the GST cancellation order and held that the authority ought to have at least referred to the contents of the show cause and the response thereto, which was not done. Not only is...

Bombay High Court Grants Interim Bail To Videocon Group Chairman Venugopal Dhoot

The Bombay High Court on Friday granted Videocon Group Chairman Venugopal Dhoot interim bail in a plea alleging illegal arrest by the Central Bureau of Investigation. The interim order was passed by Justice Revati Mohite Dere and Justice Prithviraj Chavan. In his petition under Articles 226 and 227 of the Constitution of India, Dhoot has sought quashing of the special...

In A First, Supreme Court Collegium Puts On Record Reasons To Reject Centre's Objections To Proposals

In a first, the Supreme Court collegium has put on record the reasons to reject the objections raised by the Central Government to recommendations made regarding judges appointment.The Supreme Court collegium reiterated the names of 5 advocates for elevation to various High Courts. They are Saurabh Kirpal (Delhi High Court), Somasekaran Sundaresan (Bombay High Court), John Sathyan (Madras...

Mere Registration Of FIRs Without Any Nexus To Breach Of Public Order No Ground To Arrest A Person Under Preventive Detention Law: Gujarat High Court

A division bench of the Gujarat High Court recently quashed a detention order on the ground that merely registration of FIRs without any nexus with the breach of maintenance of public order cannot bring the case of the detenue within the purview of definition under section 2(b) the Gujarat Prevention of Anti Social Activities Act, 1985 (“the Act”). While allowing the petition...

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court

The Orissa High Court has advised the State to exercise its right to appeal against acquittal, as provided under Section 378 of the Code of Criminal Procedure, sparingly and with circumspection. While denying the leave to prefer an appeal, the Single Judge Bench of Justice Sangam Kumar Sahoo remarked, “The right of appeal against acquittal vested in the State Government should...

Supreme Court Annual Digest 2022- NDPS Act

Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sukhdev Singh v. State of Punjab, 2022 LiveLaw (SC) 245 Narcotic Drugs and Psychotropic Substances Act, 1985 - The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually...

Kerala High Court Directs Law College To Consider Granting Admission To 5-Year LLB Course To Candidate With 3-Year Diploma After Class X

The Kerala High Court recently directed the Principal of the Sree Narayana Law College, Poothotta to consider the claim of a candidate who had been denied admission to the 5 year LL.B. Course on the ground that her qualification of three year diploma/polytechnic was not equivalent to the one prescribed by the Bar Council of India for admission. Justice Devan Ramachandran took note of the...

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Maharashtra State Electricity Distribution Company Ltd. v NRC Ltd. & Anr., has held that Section 17(1) of Limitation Act, 1963 deals with period of limitation in the case of any...

Bombay High Court Refuses To Entertain PIL Seeking Separate Legal Aid Panel For SEBI

The Bombay High Court recently refused to entertain a PIL seeking a separate panel of lawyers for matters in Securities and Exchange Board of India, observing that the case has been straightway filed without approaching the Maharashtra State Legal Services Authority or the responsible Authority. A division bench of acting Chief Justice S. V. Gangapurwala and Justice Sandeep V....

Gauhati High Court Seeks Report From Govt On PIL Alleging State Has Failed To Provide Infrastructure For Transgender Welfare Board

The Gauhati High Court on Thursday directed Assam government to file a report within 5 weeks on the manner in which the provisions of the Transgender Person (Protection of Rights) Act, 2019 are being implemented in the State, particularly in the context of functioning of Transgender Welfare Board and State Level Transgender Cell. Issue The court was hearing a public interest...