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Bullet Train Project | High Court Cannot Usurp Powers Of Statutory Authority Under Fair Compensation In Land Acquisition Act: Gujarat HC
The Gujarat High Court has emphasised that Chapter VIII of the Land Acquisition Act has prescribed the establishment of the Land Acquisition Rehabilitation and Resettlement Authority which is 'couched with appropriate powers' to examine the issues which may arise in the process of land acquisition and compensation distribution. Accordingly, the Bench comprising Chief Justice Aravind Kumar...
Possession/ Ownership Of Property Relevant Consideration For Proceedings Against Electricity Theft: Gujarat High Court
A recent order of the Gujarat High Court upholding the acquittal of a man under Section 135 of the Electricity Act for alleged unlicensed connection has made it clear that ownership/ possession of the property in question has to be factored into consideration.Justice Ashokkumar Joshi rejected the State's appeal on several grounds, including the fact that the Police did not call for...
Rana Ayyub Money Laundering Case: Delhi High Court Restrains ED From Proceeding Further Against Provisionally Attached Properties
The Delhi High Court on Wednesday restrained the Enforcement Directorate from taking further steps under sec. 8 of the Prevention of Money Laundering Act, 2002 qua journalist Rana Ayyub's properties attached by the agency in connection with a money laundering case.Justice Yashwant Varma issued notice on Ayyub's plea against a provisional attachment order passed on February 4 by the...
"Uniform ESZ Of 1KM Difficult" : Kerala Seeks Review Of Supreme Court Order; Says Peculiar Facts Of State Not Considered
The State of Kerala has filed a review petition in the Supreme Court against the order mandating minimum one kilometer Eco Sensitive Zone(ESZ) from protected forests."If the ESZ is uniformly fixed as 1 kilometer from the boundaries of protected areas in the State of Kerala, the State will face insurmountable difficulties in implementing the same", the review petition stated.The review is...
Court, Lawyers Not Aware Of Efforts Made By State To Reconstruct Case Records Gutted In Fire At AG's Office: Allahabad High Court
The Allahabad High Court has called it a 'very sorry state of affairs' that the state has failed to reconstruct the case records that were gutted in the fire that broke out on the sixth, seventh, eighth and ninth floors of the State Advocate General Office on July 17."...it is a very sorry state of affair that today about one month has elapsed from the said incident dated 17.07.2022 but...
Subramanian Swamy's Plea On Ram Setu Assigned To Bench Led By Justice Chandrachud
On Wednesday, Rajya Sabha MP Dr Subramanian Swamy mentioned the plea seeking National Heritage Status for Ram Setu before the Supreme Court for early listing. As the matter was mentioned before the Bench led by Justice D.Y. Chandrachud, he informed Mr. Swamy that he would consult with the other members of the concerned Bench and take a call as to when the matter can be next...
Baba Ramdev's Statement On US President Joe Biden Contracting Covid-19 May Affect India's Relations With Foreign Nations: Delhi High Court
The Delhi High Court on Wednesday expressed concern over a recent statement made by yoga guru Baba Ramdev on US President Joe Biden testing positive for COVID-19 even after taking the booster dose, thereby questioning the efficacy of allopathy."People are being named. It can have international consequences for our relations, country's relations with foreign countries….leaders are being...
Order VIII Rule 6A CPC -Counter Claim Can Be Set Up Only 'Against The Claim Of Plaintiffs': Supreme Court
The Supreme Court observed that a counter claim can be set up only "against the claim of the plaintiffs".In this case, the plaintiffs filed a suit claiming to be owners of a property. The defendant claimed in his written statement and counter-claim that in addition to the Khasra and Killa numbers given in the plaint, he was also in possession of two other properties (not part of suit...
Bench Not Superior To Bar: J&K&L High Court Expunges Magistrate's Remarks Against Advocates
The Jammu and Kashmir and Ladakh High Court recently observed that the advocates are the officers of the Court and deserve the same respect and dignity as is being given to the Judicial Officers and Presiding Officers of the Courts.Justice Sanjay Dhar observed:"Bench and Bar are two wheels of the chariot of justice. Both are equal and no one is superior to the other. The members of...
Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment
The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated sexual assault as per Section 9(m) of...
Hearing Of EWS Criteria Matter Sought Before NEET-PG 2022 Counselling; Supreme Court Assures Priority Listing Within Next 2 Weeks
The Supreme Court, on Wednesday, assured that, the petitions challenging the validity of Centre's Rs. 8 lakhs annual income upper limit criteria for seeking Economically Weaker Sections (EWS) reservation in the All India Quota for NEET admissions, would be taken up on priority, either next week or the week thereafter. As Justice D.Y. Chandrachud had to join Justice M.R. Shah for...
Supreme Court Stays HC Proceedings Against Jharkhand CM Hemant Soren Alleging Money Laundering Through Shell Companies, Obtaining Mining License
The Supreme Court on Tuesday stayed proceedings before Jharkhand High Court on PILs filed against Chief Minister Hemant Soren alleging money laundering through shell companies and obtaining a mining lease while he was in power. A Bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia was considering the petitions moved by the Jharkhand State government and CM Soren challenging...