Calcutta High Court Reiterates Principles Governing HC's Jurisdiction To Review Own Judgment Passed In Writ Plea

The Calcutta High Court recently reiterated the principles governing HC's power/jurisdiction to review its own judgment passed in a writ plea. The Court also stressed that the Court has very limited scope to review its own rulings.The bench of Justice Shekhar B. Saraf essentially reiterated the principles of review as observed in the case of The State of West Bengal & Anr. Vs....

Media Must Confine Itself To Honest Journalism Without Using It As A Tool To Expand Business Interests : CJI NV Ramana

Speaking at a public event on Tuesday, Chief Justice of India NV Ramana said that independent journalism is the backbone of the democracy and urged the media to confine itself to honest journalism."When a media house has other business interests, it becomes vulnerable to external pressures. Often, the business interests prevail over the spirit of independent journalism. As a result,...

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code.The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of...

Madras High Court Half Yearly Digest: January to June 2022 [Citation 1- 276]

NOMINAL INDEX M/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police & Ors, 2022 LiveLaw (Mad) 1 The University of Madras, Rep. By its Registrar v. Dr. S. Bhaskaran & Ors., 2022 LiveLaw (Mad) 2 Payel Biswas v. The Commissioner of Police, Trichy City & Ors., 2022 LiveLaw (Mad) 3 All India Anna...

Haj Group Organizers Are Not Performing Religious Ceremonies, Can't Claim GST Exemption : Supreme Court

The Supreme Court has held that Haj Group Organisers (HGOs) or Private Tour Operators(PTOs) cannot seek exemption from the Goods and Services Tax(GST) for their services as per the Mega Exemption Notification issued under the GST Act(All India Haj Umrah Tour Organizer Association Mumbai v. Union of India And Ors)The notification provided exemption for "conduct of any religious ceremony"...

When Prosecution Itself Is Infested With Motive, Court Can Interfere & Quash The Same To Prevent Abuse Of Process Of Law: Madras High Court

While quashing a final report against a man accused of being in possession of an intoxicating drug and charged with Section 4(1) (a) of the Tamil Nadu Prohibition Act 1937, the Madras High Court observed that the prosecution was a malafide one. The accused was found in possession of 96 IMFL rum bottles in a car. The car was intercepted and the rum bottles were seized by...

Joint Owner Can't Prevent Another Co-Owner From Using Portion Of Joint Property By Injunction Except To Prevent Wastage/ Destruction: P&H High Court

Punjab and Haryana High Court while dismissing a regular second appeal by the plaintiff against the judgements and decrees by the Courts below dismissing his suit for permanent injunction, held that once the suit land is not partitioned and the parties are co-sharers and co-owners, each and every co-sharer will be considered to be in possession of every inch of land. The bench...

Senior Advocate Vinod Ghai Appointed As The New Advocate General For Punjab

Senior Advocate Vinod Ghai has been appointed as Punjab's new Advocate General. The post fell vacant after senior advocate Anmol Ratan Singh Sidhu resigned from his post diting personal reasons.62-year-old Vinod Ghai is the son of celebrated criminal lawyer, late RS Ghai, and he practiced on the criminal side and he was appointed senior advocate in the year 2012. He was the defense counsel...

KEAM Candidate Entitled To Accept Higher Options Until Centralized Admission Process Is Complete: Kerala High Court Asks College To Refund Fee

The Kerala High Court on Monday held that as long as the centralized admission process was not complete, a candidate who attempted the Kerala Engineering, Architecture, Medical and Allied Courses (KEAM) exam is not only entitled but also bound to accept the higher options in the stream. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly thereby directed MES Dental...

NCLAT Delhi Sets Aside The CIRP Of LA Residentia Developers, As Parties Enter Settlement

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Amrapali LA-Residentia Flat Buyers Welfare Association (ALRFBWA) v LA Residentia Developers Pvt. Ltd. & Ors., has set aside...

Reopening Assessment Without Furnishing Information Violates Principles Of Natural Justice: Calcutta High Court

The Calcutta High Court bench of Justice T.S. Shivagnanam and Justice Bivas Pattanayak has held that failure to furnish information based on which assessment was reopened is a violation of principles of natural justice.The appellant/assessee has challenged the assessment order passed under the provisions of the Income Tax Act 1961 on the ground that it has been passed in violation of...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (July 18 - July 24, 2022)

Arbitration and Conciliation Act, 1996; Section 7 - Parties to the contract are free to agree on applicability of (1) proper law of contract, (2) proper law of arbitration agreement and (3) proper law of the conduct of arbitration. Parties to the contract also may agree for matters excluded from the purview of arbitration - Unless the effect of agreement results in performance of an...