Magistrate Can't Probe Matter Or Discharge Accused Where Offence Is Cognizable By Sessions Court: Allahabad High Court

The Allahabad High Court has observed that whenever it is provided that an offence is cognizable by the Session Court, the Magistrate cannot probe the matter and cannot discharge the accused. With this, the Court set aside an order of magistrate dismissing discharge application filed by an accused booked under Section 306 IPCThe bench of Justice Brij Raj Singh further observed that the...

Merely Because Sexual Abuse Results In Tying Of Knot Between Victim & Accused Or Birth Of Child Does Not Mitigate Act Of Rape: Delhi High Court

The Delhi High Court has observed that merely because an act of sexual abuse results in tying of knot between the victim and the accused or in birth of a child, it does not mitigate the act of rape. It added that the consent of a minor is immaterial and inconsequential in law.Justice Anoop Kumar Mendiratta also added that the act of claiming consent of the minor by accused, after luring...

No Plans For "Federal Judiciary System"; Centre Has No Power To Examine Judicial Corruption : Law Minister Tells Lok Sabha

The Union Minister for Law & Justice, Kiren Rijiju, has informed the Lok Sabha that there is no plan to bring in a federal judiciary system.In response to question in this regard, the Ministry said that the Constitution provides for a single, integrated system of Courts to administer both Union and State law adopting the option of a federal system of governance and existence of Central...

Junior Resident Doctors In ESIC-Hospitals Cannot Claim 50% In-Service Quota For PG Courses : Supreme Court

The Supreme Court of India on Friday held that Junior Resident Doctors serving in Employee State Insurance Corporation (ESIC) run hospitals as part of their bond period cannot claim 50% in-service quota for Post Graduate courses at par with Insurance Medical Officers.The Bench of Justices DY Chandrachud and AS Bopanna was hearing a petition seeking to declare all junior resident doctors to...

Explanation To Section 14A Of Income Tax Act Will Not Apply Retrospectively: Delhi High Court

The Delhi High Court has ruled that the Explanation to Section 14A of the Income Tax Act, 1961, added vide the Finance Act, 2022, cannot be presumed to be retrospective in nature since it is clarificatory in nature and alters the law as it stood earlier. The Division Bench of Justices Manmohan and Manmeet Pritam Singh Arora held that in view of the law laid down by the Supreme...

'Not Maintainable': Special Mumbai Court Rejects Plea For 'Blanket' Anticipatory Bail Alleging Victimization Of Congress Members By ED

Special ED Court in Mumbai rejected a plea for blanket anticipatory bail to restrain the Enforcement Directorate from allegedly victimizing Congress members and other members of the Maha Vikas Aghadi, the former ruling coalition in Maharashtra.The court observed that such "representative relief" for a third person couldn't be granted."It has to be noted that such application which seeks relief...

500 Supreme Court Judgments of 2022 Part-5 (Citations 401 - 500)

See Also 500 Supreme Court Judgments of 2022 (Citations 1 to 100)500 Supreme Court Judgments of 2022 (Citations 101 - 200)500 Supreme Court Judgments of 2022 (Citations 201 - 300)500 Supreme Court Judgments of 2022 (Citations 301 - 400) Code of Criminal Procedure, 1973; Section 432 (2) - Remission - It cannot be said that the opinion of the presiding judge is only a...

Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law

The Karnataka High Court has ruled that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 (A&C Act) would not apply once an application under Section 9(1) for interim measures has been "entertained" by the Court before the appointment of the arbitrator.The Single Bench of Justice Sachin Shankar Magadum observed that, as per the law laid down...

Karnataka High Court Quashes CBIC Circular Imposing GST On Annuity Payments Awarded By Highway Authorities To concessionaires

The Karnataka High Court has quashed the circular issued by the Central Board of Indirect and Customs (CBIC) clarifying that GST is not exempt on the annuity (deferred payments) paid for the construction of roads and allowed the Writ Petition filed by the petitioner. The single bench of Justice M.I. Arun observed that a circular which clarifies the notification cannot have the effect...

Azam Khan Case : Supreme Court Sets Aside HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land

Criticising the "new trend" of High Courts passing irrelevant observations and orders while considering bail applications, the Supreme Court set aside a bail condition imposed by the Allahabad High Court to seal the premises of Mohammad Ali Jauhar University at Rampur while granting bail to Samajwadi Party leader Azam Khan.Azam Khan is one of the members of the board of trustees of...

SAT Sets Aside SEBI Findings Of Fraud Against NDTV Promoters; Reduces Penalties Imposed For Non-Disclosure Of Loan Agreement

The Securities Appellate Tribunal at Mumbai has set aside the findings of the Securities and Exchange Board of India which held NDTV promoters Prannoy Roy and Radhika Roy liable for committing fraud on its investors by non-disclosure of a loan agreement with Vishvapradhan Commercial Pvt Ltd.The SAT also reversed the SEBI finding that the the promoters had ceded control to VCPL over NDTV...

Hotel Did Not Have Smoke Detector And Staffs Were Not Acquainted To Operate Fire Extinguishers; Deficiency in Service of Hotel; NCDRC Imposes Costs

The bench of National Commission comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member has observed that, the Hotel did not have smoke detector and the staffs of hotel were not acquainted to operate fire extinguishers. Negligence on the part of the hotel is proved. In this case, the deceased was serving as Sales Director in Riddhi Technology, Pvt...