Supreme Court Collegium Recommends Elevation Of 2 Judicial Officers As Gauhati HC Judges

The Supreme Court Collegium has approved the proposal for elevation of two Judicial Officers as Judges in the Gauhati High Court. The approval was given in its meeting held on 25th July, 2022. Following are the Judicial Officers whose proposal for elevation has been approved: 1. Smt. Susmita Phukan Khaund, and 2. Smt. Mitali ThakuriaClick Here To Read Collegium...

Dishonour Of Cheque | S.27 General Clauses Act Presumes Service Of Statutory Notice In Favour Of Complainant: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.The bench comprising Justice Jasjit Singh Bedi was dealing with a revision petition against the judgment passed...

[Railway Accident] Person Not Being A Rly Servant Travelling In A Goods Train Not Entitled To Compensation: Jharkhand High Court

In an important observation, the Jharkhand High Court has said that if a person, not being a railway employee, is traveling in a goods train and falls down from such a train, then he is not entitled to compensation from the Railway administration.The bench of Justice Ananda Sen further clarified that if such a person cannot be treated as a passenger in terms of Section 123(C)(2) of the...

Punjab & Haryana High Court Weekly Roundup: July 17 To July 24, 2022

Nominal Index Kuljas Rai Versus Punjab State Power Corporation Limited Service 2022 LiveLaw (PH) 190 Yusuf Versus State of Haryana 2022 LiveLaw (PH) 191 National Insurance Company Limited through its Assistant Manager Vs. Satya Devi (since deceased) through her Legal Heirs and others 2022 LiveLaw (PH) 192 Mamta Rani Versus State Of Haryana 2022 LiveLaw (PH)...

Supreme Court Refuses To Entertain Plea Seeking CAG Audit Of Public Funds Allocated To Delhi Govt; Gives Liberty To Move HC

The Supreme Court refused to entertain a plea seeking directions to the Comptroller and Auditor General of India (CAG) to conduct performance audit as well as financial audit of the funds allocated to the Delhi Government for implementation of pollution controlling activities. The petition claimed that the Government has diverted public funds allocated under the 'National Clean...

Supreme Court Issues Notice In Plea Seeking To Enforce Fundamental Rights Of Persons Trafficked Into Bonded Labour

The Supreme Court of India on Monday sought the response of the Central and the State governments in a plea seeking to enforce the fundamental rights of persons trafficked into bonded labour.A Division Bench of Justices S Indira Banerjee and V Ramasubramanian issued notice in the matter today.The Petitioner, in his plea states that among several bonded labourers, he was released from a...

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused

The Allahabad High Court last week granted bail to a murder accused as it noted that 13 years of incarceration without conclusion of the trial had violated his fundamental right to a speedy trial.The bench of Justice Ajay Bhanot was dealing with the 4th bail application of the murder accused (Mahesh Chandra Shukla) seeking his release on bail in a criminal case under Sections 302, 307, 323,...

JJ Act | Enquiry U/S 15 By Juvenile Justice Board Not Mandatory Before Consideration & Grant Of Bail U/S 12: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently held that there is no requirement of prior consideration of the social investigation report by JJ Board while considering a bail plea under section 12 of the Juvenile Justice Care and Protection Act, as that was never intended by the legislature. A bench comprising Justice MA Chaudhary observed: "The primary assessment of a child...

Supreme Court Refuses To Interfere With Delhi HC Directions To Monitor Conditions Of Women Inmates In An Ashram

The Supreme Court, on Monday, dismissed a plea assailing the direction of the Delhi High Court to form a District Judge-led Committee to monitor the condition of women at Adhyatmik Vidyalaya, alleged to have been housed in "animal like" condition. The said spiritual ashram situated in Rohini is led by absconding self-styled godman Virendra Dev Dixit. Refusing to interfere with...

Karnataka Govt Has Not Given Permission For Radio-Collaring Of Tigers: High Court Closes PIL

The Karnataka High Court on Monday disposed of a petition filed in the year 2009 questioning the action of radio collaring of tigers in the Nagarhole National Park. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty said, "The State government had constituted an expert committee to conduct a detailed study on the death of tigers in Nagarhole National...

Inland Haulage Charges Received By Shipping Companies Not Taxable As Business Profit: ITAT Mumbai

The Mumbai Bench of ITAT has reiterated that the activity of Inland Haulage is directly connected with the transportation of goods in international traffic and thus, Inland Haulage Charges are not taxable as business profit in India in view of Article 8 of the India-UAE DTAA (Double Taxation Avoidance Agreement). The Bench, consisting of Vikas Awasthy (Judicial Member) and...

Can A Child's DNA Test Be Ordered In A Case Of Paternity Dispute? Kerala High Court To Examine

The High Court of Kerala has decided to examine the legal issue whether an order can be passed to conduct the DNA test of a child in a case of paternity dispute.The Court will examine if passing such a direction will infringe a child's right to privacy, which has been declared as a fundamental right under Article 21 by the Supreme Court in the KS Puttaswamy case. The impact of Section 112 of...