Consider Imposing Penalty On Drivers Using Fastag Lanes At Toll Plazas Without Fitting Fastag: Kerala High Court To Centre

The Kerala High Court on Monday directed the Central Government to consider whether penalty can be imposed on drivers using the lanes reserved for Fastag vehicles, without fitting Fastag or with expired Fastag. The direction was issued while considering a petition alleging that the delay on the part of the Concessionaire's staff in collecting the toll at Paliyekkara Toll Plaza and their...

'Throws Integrity Of Art To The Wolves': Orissa High Court Quashes List Of State Film Awardees Over Plagiarism & Uncredited Remakes

The Orissa High Court has nullified and set aside the list of awardees for the coveted 31st Odisha State Film Awards, 2019 on the ground that two films were found to be placed in the list in utter violation of the Odisha State Films Awards Rules. A Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi, after verifying the allegations, discovered the movies to be plagiarised...

CCI Seeks Vacation Of Bombay High Court Order Restraining Coercive Action Against Debt Trustee Units Of IDBI, Axis & SBICap For Alleged Cartelization

The Competition Commission of India has moved the Bombay High Court seeking to vacate its earlier order stopping CCI from taking any coercive step against Trustees Association of India and the trusteeship units of IDBI, Axis and SBICap in an alleged cartelization case. On Thursday, a division bench of Justice G. S. Patel and Justice S. G. Dige placed the CCI’s interim...

Umar Khalid Moves Delhi Court For Daily Calling Facility, Tihar Jail Admin Asked To File Report

Former JNU student and activist Umar Khalid has moved a Delhi Court seeking access to inmate calling facility on a daily basis till the time he remains in jail in the larger conspiracy case of 2020 Northeast Delhi riots. Additional Sessions Judge Amitabh Rawat has issued notice on Khalid’s application and sought response of Tihar Jail Superintendent. “Let a notice of this application...

"There Should Be Consistent Law On Bail, Delhi Riots Accused Are Still In Jail, 13,000 Undertrial Prisoners In Murder Cases In Up": Dushyant Dave In Ashish Mishra Case

In Ashish Mishra's bail hearing in connection with the Lakhimpur Kheri incident, Senior Advocate Dushyant Dave, for the victims, told the Supreme Court that if Mishra is to be released while on murder charges, there should be consistent law and the Delhi riots accused, as also the 13,000 undertrials for murder languishing in UP jails should be accorded the same treatment."The Kerala...

Process Of Criminal Law Not For Money Recovery ; Bail Can Be Granted Irrespective Of Payment Of Money Involved : Supreme Court

The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail, the Supreme Court observed in an order passed recently.The bench of Justices Dinesh Maheshwari and Hrishikesh Roy observed that the recovery of money is essentially within the realm of civil proceedings. There is no justification in adopting such a course that...

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing...

Sharing An Article Critical Of PM Modi Does Not Impinge On Suitability For Judgeship: SC Collegium Reiterates Recommendation Of Madras HC Lawyer

The Supreme Court Collegium has reiterated its recommendation for elevation of Advocate R. John Sathyan as a Madras High Court Judge, after Centre returned the file citing an online article critical of Prime Minister Narendra Modi that was shared by Sathyan.The Collegium comprising CJI DY Chandrachud, Justices SK Kaul and KM Joseph said that all the consultee-Judges at the relevant time, when...

Planned Development Will Remain A Pipe Dream Due To Unauthorised Construction By Builders And Failure Of Govt Officials: Madras High Court

While directing demolition of an unauthorised construction in Tiruchirappalli, the Madras High Court said that though various enactments are in force to achieve planned development, it will remain a pipe dream because of continuous unauthorised constructions by builders and inaction of government."Several enactments are set in stone to achieve “Planned Development” in the city. However,...

Plea Seeking SC Status For Converted Dalits : Supreme Court To Await Outcome Of Challenge To New Panel Formed By Centre

The study conducted by the Justice Ranganath Misra Commission, which, in its 2007 report, endorsed the extension of reservation benefits to Dalits who converted to Islam or Christianity, failed to focus on certain ‘intrinsic issues’, the centre told the Supreme Court on Thursday. A three-judge bench comprising Justices Sanjay Kishan Kaul, Abhay S. Oka, and B.V. Nagarathna, was...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 17 - 34) [January 9 – 15, 2023]

SUBJECT WISE INDEX Administrative Law Administrative Law – Well established principle of - An adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it. [Para 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30 Administrative Law...

Supreme Court Collegium Criticises Centre For Repeatedly Returning Proposals Reiterated By It; Reiterates For Second Time Two Names For Calcutta HC

The Supreme Court Collegium has said that it is not open to the Department of Justice to repeatedly send back the same proposal which has been reiterated by the Collegium after duly considering the objections of the Government.The remarks come after Centre returned the files for appointment of Advocates Amitesh Banerjee and Sakya Sen as Judges of Calcutta High Court.The recommendation was...